Criminal Law: MCOLES Test Complete
2023/2024
Table of Contents - Correct Answer Constitutional Law: 2-26
Court Functions / Legal Terms:
27-53
Laws of Evidence: 53-79
Civil Law / Liability: 80-101
Contraband and Regulatory Crimes: 102-144
Crimes Against Persons: 145-194
Crimes Against Property: 195-229
Public Order Crimes: 230-250
Admissions and Confessions: 251-274
Laws of Arrest: 275-294
Laws on Suspect ID: 295-315
Founding Documents - Correct Answer -Declaration of Independence -The U.S. Constitution
- unalienable rights to life, liberty, and the pursuit of happiness
- Protect the rights of people
- The people have a duty and right to overthrow an unjust gov't
The U.S. Consitution - Correct Answer -ensure proper checks and balances -delegate and assign power to the gov't -to protect individual rights
The U.S. Constitution - Correct Answer Separation of Powers:
-Legislative -Executive -Judicial The Legislative Branch - Correct Answer -Congress -2 houses that enact the law The Executive Branch - Correct Answer -Executes the existing laws The Judicial Branch - Correct Answer -Interprets the law -determines legality of law or action by the gov't -Judicial Review Case Briefing - Correct Answer -Is an outline of a court opinion
General Format:
- Facts 1 / 4
- Issue
- Holding
- Reasoning
Court Review Scrutiny - Correct Answer Three Levels:
-Rational basis -Intermediate -Strict Rational Basis Scrutiny - Correct Answer -The lowest level of scrutiny -reviews most types of law that DO NOT involve a suspect class or fundamental right -Easy burden to meet; laws are routinely upheld -A law is presumed valid so long as it is rationally related to a legitimate state interest Intermediate Scrutiny - Correct Answer -Mid level -used for laws that distinguish people based on gender -law must be substantially related to an important gov't objective Strict Scrutiny - Correct Answer -The highest level -for laws that affect the fundamental rights of certain people or classifies them in a "suspect" way -Very harden burden and difficult for law to be upheld -law must further a compelling state interest and be written so that it affects the smallest group possible Bill Of Rights - Correct Answer -States the First Ten Amendments Incorperation - Correct Answer -bill of rights originally only applied to federal gov't actions -13th and 14th amendments incorporated the Bill of Rights to each state's constitution First Amendment - Correct Answer -Freedom of speech
- The establishment clause
- Free exercise clause
-gov't shall make no law respecting an established religion...
-...or the free exercise thereof Second Amendment - Correct Answer -Right to bear arms -ownership of firearms for self defense is a legitimate exercise of the 2A Fourth Amendment - Correct Answer Right of the people to be secure in their persons, houses, and effects, against unreasonable search and seizures 2 / 4
-warrants and rights shall not be violated unless given probable cause -Constitutional protection attaches when there is a search by the gov't; in a place where a person has a reasonable expectation of privacy -You do not have a right to privacy, but is implied within the Constitution Fifth Amendment - Correct Answer -Miranda rights -double jeopardy clause
Protections:
-grand jury for felonies -right against self-incrimination -protection against double jeopardy -due process
Sixth Amendment - Correct Answer Protections:
-speedy and public trial -an impartial jury -be informed of charges -control and call witnesses -right to an attorney Due Process - Correct Answer -stated by the 5th and 14th -no person shall be deprived of life, liberty, or property w/o due process -5th deals with federal -14th deals with state
Two Types of Due Process:
- Procedural
- Substantive
Procedural Due Process - Correct Answer -the procedures that the gov't has to take to ensure that a person's rights are maintained
Comprised of three components:
- notice
- hearing
- appeal
Substantive Due Process - Correct Answer -deals with the gov't ability to deprive a person of a right regardless of due process
Procedural: the rules used to enforce the law
Substantive: the fairness of the law itself 3 / 4
Equal Protection - Correct Answer -No person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in the circumstances -any discriminatory law must be justified by an appropriate gov't interest furthered by the differential treatment
Equal Protection Protection - Correct Answer Equal protection triggered when:
-a law has no rational basis -laws target a suspect class w/o a compelling reason -a law that denies fundamental rights w/o a compelling reason Ex Po Facto Laws - Correct Answer After the fact -People have the right to notice -laws that retroactively change the legal status, consequences, or punishment for an action after the action was committed Bills of Attainder - Correct Answer -a legislative act that punishes w/o the benefit of trial -Deemed unconstitutional
- violate separation of powers
- violate due process
Federal District Courts - Correct Answer -jurisdiction over criminal prosecutions -jurisdiction over civil actions between citizens of different states
Appeal Courts:
-hear appeals from the district courts
Supreme Court:
-highest court -cases may originate in either federal or state court Trial Courts - Correct Answer District Courts -criminal misdemeanors -civil claims of $25k or less Circuit court -criminal felonies -civil claims above $25k
State Court Appeals - Correct Answer Two Ways:
- By Right
- By application for leave of appeal
- / 4
-automatically following a trial conviction