2 PTLEA CPO Chapter 2 Legal (FDLE Exam Review with
A+ Graded solutions)
The first 10 of the 27 amendments are a special group known as... correct answers The Bill of
Rights (Pg 6)
Law correct answers 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 correct answers -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 correct answers -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 correct answers -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 correct answers - 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 correct answers
Criminal law differs from civil law, where emphasis is more on dispute resolution and victim
compensation then on punishment (pg6)
Ordinance correct answers Statues 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 correct answers - 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 correct answers - 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 correct answers Governs probation and parole
services (Pg 7)
Case law correct answers The decisions of the court system, the judicial branch (pg7)
Describe how case law affect the job duties of the probation officer CP-211.5 correct answers -
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 correct
answers Florida administrative code is an important example of administrative law and guides
the department and for filling it statutory obligation (Pg7)
Constitutional law correct answers Defines 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 correct answers A 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 correct answers - 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... correct answers The seven articles of the Constitution (pg7)
The purpose of the articles of the constitution... correct answers To 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 correct answers 1. Executive branch
2. Legislative branch
3. Judicial branch (Pg8)
Executive branch correct answers - 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 correct answers - 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 correct answers - 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
correct answers The 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... correct answers Of particular
importance to law-enforcement and probation officers, as they concern issues of officer liability
(Pg8)
First amendment correct answers Protects the freedom of speech, press, peaceful assembly, and
religion (Pg8)
Second amendment correct answers Guarantees the right to bear arms (Pg8)
Fourth amendment correct answers Prohibits 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 correct answers - 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)
Sixth amendment correct answers Guarantees the suspects right to information regarding the
nature of the charges, counsel, a speedy and public trial, chicken for witnesses, and face and
impartial jury (Pg 8)
Eighth amendment correct answers Prohibits excessive bails and fines and cruel and unusual
punishment (pg8)
A+ Graded solutions)
The first 10 of the 27 amendments are a special group known as... correct answers The Bill of
Rights (Pg 6)
Law correct answers 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 correct answers -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 correct answers -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 correct answers -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 correct answers - 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 correct answers
Criminal law differs from civil law, where emphasis is more on dispute resolution and victim
compensation then on punishment (pg6)
Ordinance correct answers Statues 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 correct answers - 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 correct answers - 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 correct answers Governs probation and parole
services (Pg 7)
Case law correct answers The decisions of the court system, the judicial branch (pg7)
Describe how case law affect the job duties of the probation officer CP-211.5 correct answers -
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 correct
answers Florida administrative code is an important example of administrative law and guides
the department and for filling it statutory obligation (Pg7)
Constitutional law correct answers Defines 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 correct answers A 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 correct answers - 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... correct answers The seven articles of the Constitution (pg7)
The purpose of the articles of the constitution... correct answers To 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 correct answers 1. Executive branch
2. Legislative branch
3. Judicial branch (Pg8)
Executive branch correct answers - 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 correct answers - 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 correct answers - 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
correct answers The 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... correct answers Of particular
importance to law-enforcement and probation officers, as they concern issues of officer liability
(Pg8)
First amendment correct answers Protects the freedom of speech, press, peaceful assembly, and
religion (Pg8)
Second amendment correct answers Guarantees the right to bear arms (Pg8)
Fourth amendment correct answers Prohibits 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 correct answers - 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)
Sixth amendment correct answers Guarantees the suspects right to information regarding the
nature of the charges, counsel, a speedy and public trial, chicken for witnesses, and face and
impartial jury (Pg 8)
Eighth amendment correct answers Prohibits excessive bails and fines and cruel and unusual
punishment (pg8)
