CLEET Legal Block – Questions With Solutions (100%)
What is a tort? Right Ans - A civil wrong
Burden of proof in a civil case Right Ans - preponderance of the evidence
What is a crime? Right Ans - criminal wrong, offense against the public
Burden of proof in a criminal matter Right Ans - beyond a reasonable
doubt
Elements to Show Negligence Right Ans - Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort Right Ans - assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort Right Ans - violation of
constitutional rights
under color of law
causation
damages
Defenses against tort claims Right Ans - Technical defenses
-improper service
improper venue
-lack of jurisdiction
-statute of limitations
Substantive defenses
-failure to state a claim
Who is entitled to absolute immunity? Right Ans - judges
court employees
prosecutors
,parole board
president
legislators
witnesses
Immunity applying to peace officers &
test to determine immunity Right Ans - Probations officers preparing
reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document Right Ans - -serving individual
personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" Right Ans - writes
of assistance
general execution
replevin
order of delivery
define injunction Right Ans - command to refrain from a particular act.
standards of conduct while serving a civil document Right Ans - -neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? Right Ans - intimate partner
family
household member
different types of VPO Right Ans - emergency ex-parte
VPO
offender violates VPO
, Branches of Government Right Ans - Legislative, Executive, Judicial
Criminal Justice System Right Ans - police, courts, corrections
Where criminal laws are found? Right Ans - constitution & constitutional
amendments
what is the purpose of criminal law? Right Ans - no crime unless a
punishment is specified
define a private wrong Right Ans - violation of duty imposed by general law
definition of a crime Right Ans - act or omission forbidden by law or penal
sanctions
Levels of Proof Right Ans - -preponderance of evidence (Civil)
-Mere suspicion
-Reasonable suspicion (terry stops/frisks)
-probable cause (arrest, warrants, searches)
-clear & convincing (admin hearings)
-beyond a reasonable doubt (convict)
Types of punishment Right Ans - -Death Penalty
Incarceration
-fine
-removal from office
-disqualification
classifications of crimes Right Ans - -social harms
-nature of the act performed
-seriousness of crime
-degree of criminality
-felonies/misdemearors
nature of the offense
What is Mala in se and mala prohibita? Right Ans - mala in se: wrong in
itself
mala prohibita: wrong due to society
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