Practice MCOLES Licensing Exam Questions and
Answers.
What are the key elements that define "Burn" according to section 71(b) of the MCL
arson laws? - ANS All of the above
What is the maximum fine for a conviction of First Degree Arson according to section
72(3)? - ANS the greater of $20,000.00 or 3 times the value of the property damaged or
destroyed
Which degree of arson applies to a person who willfully or maliciously burns a dwelling,
regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or
explosion? - ANS Second-degree arson
What is the primary difference between Second Degree Arson (Sec. 73) and Third
Degree Arson (Sec. 74)? - ANS The type of property being burned
Which degree of arson covers the act of setting fire to a woods, prairie, or grounds of
another person? - ANS Fourth-degree arson
In terms of Arson of Insured Property (Sec. 76), what is the main determining factor that
distinguishes it from other types of arson? - ANS the intend to defraud the insurer
What is the maximum prison sentence for a conviction of Third Degree Arson according
to section 74(3)? (Hint: 3 /? = 0.3) - ANS 10 Years
Which of the following is not included in the definition of "Physical Injury" as per section
71(g)? - ANS A minor cut or scrape
What is the punishment for a conviction of Fifth Degree Arson according to section
77(3)? - ANS Imprisonment for not more than 1 year or a fine of not more than
$2,000.00 or 3 times the value of the property damaged or destroyed, whichever is
greater, or both imprisonment and a fine.
In the definitions section 71, how is "burn" defined? - ANS Setting fire to or doing any
act that results in the starting of a fire
What does "Personal Property" include in the context of Fifth Degree Arson according to
section 77(4) (a)? - ANS An automobile, van, truck, motorcycle, trailer, and other
personally owned property
What is considered a "Dwelling" according to section 71(d)? - ANS All of the above
What does "Individual" mean in the context of these laws according to section 71(e)? -
ANS All of the above
,A person intentionally sets fire to an unoccupied, uninsured building, causing extensive
damage. This is the person's first offense. Under the MCL arson laws, what degree of
arson might this be considered? - ANS Third-degree arson
An individual maliciously sets fire to their own car, which is insured against fire. The
individual's intent was to claim insurance money. What crime is this individual most
likely to be charged with according to MCL arson laws? - ANS Arson of insured property
A person negligently causes a fire in their own wooded property. The fire spreads to the
neighbor's property, causing damage. Under the MCL arson laws, what crime might this
person be charged with? - ANS Fourth-degree arson
A person sets fire to a multiunit building where one unit is a dwelling, but all units are
unoccupied at the time. No one is physically injured as a result of the fire. What degree
of arson is this person most likely to be charged with under MCL arson laws? - ANS
First-degree arson
An individual intentionally sets fire to a pile of another person's clothes valued at $800.
This is the individual's second offense. What degree of arson would this be under the
MCL arson laws? - ANS Fifth-degree arson
A person willfully burns their own insured house with the intent to defraud their
insurance company. No one is injured in the fire. What crime would this person be
charged with under MCL arson laws? - ANS Arson of insured property
Under section 316, first-degree murder is defined as all of the following - ANS Murder
committed during a petty theft
A person convicted under section 316 will be punished by: - ANS Imprisonment for life
without eligibility for parole
According to section 316, who is considered a "peace officer"? - ANS A police or
conservation officer of this state or a political subdivision of this state
Second degree murder, as per section 317, is punishable by: - ANS Imprisonment for
life, or any term of years, at the discretion of the court
If a person is convicted under section 316, when should the sentencing hearing be
held? - ANS Not more than 45 days after the person is committed to the Department of
Corrections
General Intent - ANS Intent to perform the physical act itself
Specific Intent - ANS Particular criminal intent beyond the act done
, Men’s Rea - ANS The guilty mind
Acts Rea - ANS The guilty act
Corpus Delete - ANS The body of the crime
Res Gestate - ANS All relevant things surrounding the crime
Felony - ANS Punishable by more than 1 year in MDOC (Michigan Department of
Corrections), unless otherwise specified. The Circuit Court has jurisdiction.
High Misdemeanor (Aka. Circuit Court Misdemeanor) - ANS Punishable by no more
than 2 years in prison. The Circuit Court has jurisdiction.
Misdemeanor - ANS Punishable by 1 year or less in jail.
Who/what decides what is a misdemeanor or a felony? - ANS the Michigan Legislature
What categories do the types of law fall into? - ANS Civil/Criminal
Michigan Law is derived from? - ANS All of the above
What is an injunction? - ANS An order issued by the court directed to a person
forbidding them from engaging in a specific act.
What is a bench warrant? - ANS An order that requires a person to appear before a
court pursuant to a subpoena.
Writ of Habeas Corpus - ANS An order of the court directed to a police officer to
produce a prisoner.
Which of the following is not considered a place where a person has no reasonable
expectation of privacy under the Fourth Amendment? - ANS A person's private bedroom
Under which circumstance can a warrantless search be legal according to Fourth
Amendment? - ANS Search incident to arrest
What does the Katz v. United States case establish regarding the Fourth Amendment? -
ANS The Fourth Amendment protects people, not places.
In order for a search warrant to be valid, what does it need to specify? - ANS The items
to be seized and the location to be searched
Under what conditions can evidence from unnamed sources be used to establish
probable cause for a search warrant? - ANS The unnamed person has personal
knowledge and is credible, or the information is reliable.
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