BLEA Exam 1
Statutory vs Common Law - Answer-statutory: established through the legislative process
common law: established by previous court decisions
US Federal District Court is divided into ___ circuit courts - Answer-13
WA is in what federal circuit court - Answer-Ninth
Within the ninth circuit, there are how many federal districts - Answer-2
Persuasive vs Binding authority - Answer-Binding means that a court has to follow it; it was a decision
passed in its jurisdiction.
Persuasive means that a court doesn't necessarily have to follow it, but it may be used to influence their
decision.
Substantive vs Procedural Law - Answer-- *Substantive law* is the "what" that defines, regulates, and
creates legal rights.
- *Procedural law* is "how" to enforce your rights, how the process of enforcing the law goes, and
establishes penalties or remedies.
Mens rea - Answer-the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action. "Guilty mind", criminal intent.
Which branch of government defines crimes? - Answer-Legislative in most cases
,Which branch of government interprets law? - Answer-Judicial
Five Basic Premises of Criminal Law - Answer-1. Act or Omission
2. Mental State
3. Concurrence
4. Causation
5. All laws must be written
4 mental states in criminal law - Answer-- Intent
- Knowledge
- Recklessness
- Criminal negligence
Corpus delecti - Answer-"Body of the crime". Basically, we need evidence a crime occurred to charge it.
Statute of limitations for: murder, or most crimes against children - Answer-No limit
Statute of limitations for: rape, 1st and 2nd degree - Answer-20 years
Statute of limitations for: felony by LE/public officer - Answer-10 years
Statute of limitations for: most felonies - Answer-3 years
Statute of limitations for: gross misdemeanors - Answer-2 years
,Statute of limitations for: misdemeanors - Answer-1 year
What can "stop the clock" on statute of limitations? - Answer-Time spent not residing in the state
Max Penalty for: Class A Felony - Answer-Life/50k
Max Penalty for: Class B Felony - Answer-10 years/20k
Max Penalty for: Class C Felony - Answer-5 years/10k
Max Penalty for: Gross misdemeanor - Answer-364 days/5k
Max Penalty for: Misdemeanor - Answer-90 days/1k
What RCW defines what misdemeanors you can arrest for? - Answer-RCW 10.31.100
The four "A"s of legal responsbility - Answer-Ask
Agree
Attempt
Aid
Criminal Attempt - Answer-Intent to commit a crime
+
a substantial step toward committing it
, "Substantial step" towards committing a crime - Answer-Conduct that strongly indicates a criminal
purpose. More than mere preparation.
Criminal Solicitation - Answer-Intent to promote or facilitate a crime
+
Offering someone money or something of value
If someone commits criminal solicitation, but tries to make it right by reporting it to police well in
advance of it happening, does this get them out of it? - Answer-No. The solicitation happens once you
do it.
If someone commits criminal complicity, but tries to make it right by reporting it to police well in
advance of it happening, does this get them out of it? - Answer-Yes, potentially.
Criminal conspiracy - Answer-Intent to commit a crime
+
2 or more people agree
+
A substantial step
Age of criminal responsibility - Answer-12 and over - Capable
8-11 - Presumed incapable, will usually have a hearing
7 and under - Incapable
"Deadly Weapon" per RCW - Answer-Any firearm, loaded or unloaded.
Any explosive.
Statutory vs Common Law - Answer-statutory: established through the legislative process
common law: established by previous court decisions
US Federal District Court is divided into ___ circuit courts - Answer-13
WA is in what federal circuit court - Answer-Ninth
Within the ninth circuit, there are how many federal districts - Answer-2
Persuasive vs Binding authority - Answer-Binding means that a court has to follow it; it was a decision
passed in its jurisdiction.
Persuasive means that a court doesn't necessarily have to follow it, but it may be used to influence their
decision.
Substantive vs Procedural Law - Answer-- *Substantive law* is the "what" that defines, regulates, and
creates legal rights.
- *Procedural law* is "how" to enforce your rights, how the process of enforcing the law goes, and
establishes penalties or remedies.
Mens rea - Answer-the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action. "Guilty mind", criminal intent.
Which branch of government defines crimes? - Answer-Legislative in most cases
,Which branch of government interprets law? - Answer-Judicial
Five Basic Premises of Criminal Law - Answer-1. Act or Omission
2. Mental State
3. Concurrence
4. Causation
5. All laws must be written
4 mental states in criminal law - Answer-- Intent
- Knowledge
- Recklessness
- Criminal negligence
Corpus delecti - Answer-"Body of the crime". Basically, we need evidence a crime occurred to charge it.
Statute of limitations for: murder, or most crimes against children - Answer-No limit
Statute of limitations for: rape, 1st and 2nd degree - Answer-20 years
Statute of limitations for: felony by LE/public officer - Answer-10 years
Statute of limitations for: most felonies - Answer-3 years
Statute of limitations for: gross misdemeanors - Answer-2 years
,Statute of limitations for: misdemeanors - Answer-1 year
What can "stop the clock" on statute of limitations? - Answer-Time spent not residing in the state
Max Penalty for: Class A Felony - Answer-Life/50k
Max Penalty for: Class B Felony - Answer-10 years/20k
Max Penalty for: Class C Felony - Answer-5 years/10k
Max Penalty for: Gross misdemeanor - Answer-364 days/5k
Max Penalty for: Misdemeanor - Answer-90 days/1k
What RCW defines what misdemeanors you can arrest for? - Answer-RCW 10.31.100
The four "A"s of legal responsbility - Answer-Ask
Agree
Attempt
Aid
Criminal Attempt - Answer-Intent to commit a crime
+
a substantial step toward committing it
, "Substantial step" towards committing a crime - Answer-Conduct that strongly indicates a criminal
purpose. More than mere preparation.
Criminal Solicitation - Answer-Intent to promote or facilitate a crime
+
Offering someone money or something of value
If someone commits criminal solicitation, but tries to make it right by reporting it to police well in
advance of it happening, does this get them out of it? - Answer-No. The solicitation happens once you
do it.
If someone commits criminal complicity, but tries to make it right by reporting it to police well in
advance of it happening, does this get them out of it? - Answer-Yes, potentially.
Criminal conspiracy - Answer-Intent to commit a crime
+
2 or more people agree
+
A substantial step
Age of criminal responsibility - Answer-12 and over - Capable
8-11 - Presumed incapable, will usually have a hearing
7 and under - Incapable
"Deadly Weapon" per RCW - Answer-Any firearm, loaded or unloaded.
Any explosive.
