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2 PTLEA CPO Chapter 2 Legal (FDLE Exam Review) Questions and Answers 2024
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2 PTLEA CPO Chapter 2 Legal (FDLE Exam Review)
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2 PTLEA CPO Chapter 2 Legal (FDLEExam Review)
The first 10 of the 27 amendments are a special group known as... - answer The Bill of
Rights (Pg 6)
Law - answer A form of social control and a method of encouraging people to behave in
a certain way (Pg 6)
Define the law within a social context, how the evolution of the law governs our
communities CP-211.1 - answer-In a complicated modern society, written laws are
necessary to maintain order.
- English common law forms the basis for the American legal system and represents the
codification of a naturally developed set of rules governing society
- laws serve to protect ownership of property, regulate certain businesses, and raise
revenue
- several forms of law cover in the way we live in the United States, including statutory
law, case law, and constitutional law (pg6)
Statutory law - answer-Congress, state legislatures, or local governing authorities, in
response to a perceived need, right in enact these laws. -They include criminal, civil,
administrative laws (pg 6)
Criminal law - answer-Defines Unacceptable behaviors and government prosecution of
those who commit them
- Regulates social conduct and preserves the moral welfare of people.
- it punishes those who violate these laws
(Pg6)
Civil law - answer- pertains to the legal action a person takes to resolve a private
dispute with another person (pg6)
Describe the differences between criminal and civil statutory law CP-211.2 -
answerCriminal law differs from civil law, where emphasis is more on dispute resolution
and victim compensation then on punishment (pg6)
Ordinance - answerStatues in acted by a municipal or county government (Pg6)
Describe the importance of a probation officer maintaining familiarity with local
ordinances in the performance of his or her job duties CP-211.3 - answer- local
governments create ordinances that regulate matters of narrow application, such as
curfews for minors, restrictions on the hours for selling alcohol, or parking regulations
,- ordinances apply only within the jurisdiction of the government entity that Enacted
them
- some ordinance violations are criminal while others are civil infractions
- these laws cannot conflict with state or federal law, including case law (pg6)
Administrative law - answer- sometimes called regulatory law, is the body of law that
allows for the creation of public regulatory agencies (pg 7)
Florida administrative code chapter 33-302 - answerGoverns probation and parole
services (Pg 7)
Case law - answerThe decisions of the court system, the judicial branch (pg7)
Describe how case law affect the job duties of the probation officer CP-211.5 - answer-
Once an appellate court create a rule, known as president, you are required to follow
that rule, unless a higher court changes the rule
- additionally each circuit court ruling is binding in that jurisdiction
- be aware of conflicting rulings and follow the case law in your jurisdiction (pg7)
Describe how administrative law affect the job duties of a probation officer CP-211.4 -
answerFlorida administrative code is an important example of administrative law and
guides the department and for filling it statutory obligation (Pg7)
Constitutional law - answerDefines our form of representative government, and
identifies the powers and limitations of it three branches. It consist of standards set forth
in the constitution, and in court decisions, interpreting the constitution headed down by
US district and supreme courts (Pg7)
Supremacy clause - answerA significant idea incorporated into the US Constitution is by
the founding fathers. Set forth in article 6, the supremacy clause states that when laws
conflict, federal law generally over the rules state and local law. State law can be more
restrictive than federal law, but it cannot undermined the federal standard (pg7)
Describe the correlation between the powers of the US Constitution and the Florida
constitution CP-211.6 - answer- The state of Florida has its own state constitution that
generally parallels the US Constitution.
- this means that Florida constitution of forwards Florida citizens the same level of rights
or greater then they derive from the US Constitution (pg7)
Constitutions main body consist of... - answerThe seven articles of the Constitution
(pg7)
The purpose of the articles of the constitution... - answerTo form a contract between the
people of the United States in the United States government which spells out the
responsibility and authority of the government (Pg 8)
, The three branches of government - answer1. Executive branch
2. Legislative branch
3. Judicial branch (Pg8)
Executive branch - answer- headed by the president
- carries out and recommends federal laws, directs national defense and foreign policy,
and perform ceremonial duties
- presidential powers include directing government, commanding the arm forces,
dealing with international powers, acting as chief law-enforcement officer, And vetoing
laws (pg8)
Legislative branch - answer- directed by Congress, which includes the House of
Representatives and the Senate
- The main task of these two bodies is to make the laws.
- Powers of the legislative branch include passing laws, originating spending bills,
impeaching officials, and approving treaties (pg8)
Judicial branch - answer- headed by the Supreme Court
- Powers include interpreting the constitution, reviewing laws, and deciding cases
involving states rights (pg8)
Describe the role and purpose of the amendments to the United States Constitution CP-
211.8 - answerThe purpose is to ensure that the government does not infringe upon the
rights of the individual. Amendments to the constitution is our improvements,
corrections, or aversions to the original content (Pg8)
First, second, fourth, fifth, sixth, and eighth amendments are... - answerOf particular
importance to law-enforcement and probation officers, as they concern issues of officer
liability (Pg8)
First amendment - answerProtects the freedom of speech, press, peaceful assembly,
and religion (Pg8)
Second amendment - answerGuarantees the right to bear arms (Pg8)
Fourth amendment - answerProhibits unreasonable search and seizure and generally
requires a warrant signed by an independent magistrate.
- Federal in Florida case law have hell that warrantless searches by probation officers
under certain circumstances are reasonable under the fourth amendment (pg8)
Fifth amendment - answer- prohibiting compelled self-incrimination, requires grand jury
indictment for capital crimes, prohibits double Jeopardy, and deprivation of life, liberty,
or property without due process of law (pg8)
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