Legal Exam MCOLES, Top Exam Questions & Answers, Verifed.

Legal Exam MCOLES, Top Exam Questions & Answers, Verifed. What is the Bill of Rights? - First 10 amendments to the Constitution 1st Amendment - Freedom of religion, speech, the press, assembly and petition 3rd Amendment - Prohibits the forcible housing of a soldier in a time of peace without the consent of the home owner 4th Amendment - Protects against unreasonable searches and seizures 5th Amendment - The Right to Remain Silent/Double Jeopardy, right to due process 6th Amendment - A speedy trial with an impartial jury, informed of the nature of the accusation, right to counsel, right to confront the witness against them. 8th Amendment - No cruel or unusual punishment or excessive bail and fines 14th Amendment - A person in the United States is a citizen of both the country and their state. Their state may give more rights, but never fewer. 3 Branches of government - Legislative Executive Judicial Procedural due process - Examines the procedure required by the government when it seeks to deprive people of life, liberty or property. The more important the person's interests that will be affected, the more process the government must afford. Felony - Violation of the law for which the offender may be punished by death or imprisonment for for than one year Misdemeanor - Punishable for UP TO one year in JAIL Elements of a crime - Actus reus Mens rea Corpus delecti Conspiracy - Anyone who knowingly agrees with someone else to commit a crime Solicitation - A person, through words or actions, offered, promised, or gave money, services or anything of value (or forgave or promised to forgive a debt or obligation owed) to another person to commit a crime. Assault - The threat and fear of immediate battery and the ability to act on that battery Aggravated assault - 1 year misdemeanor An assault that inflicts serious or aggravated injury that requires immediate medical treatment or that causes disfigurement, impairment of health or impairment of the body What happens if you hold a store up with a toy gun? - Felony Still counts as armed robbery because the suspect made the victim believe the weapon was real CSAM - Child sexual abusive material Difference between CSC 1 and 3 - CSC 1 involves physical injury or mental anguish. CSC 3 still includes penetration, but not physical injury CSC 1st - -Penetration -The victim is under 13 -Relationship (members of the same household, blood or affinity, exerting their authoritative position, teachers and students) -During a felony -Accomplices