Criminal Law: MCOLES Test Questions & Answers. Rated A+

Criminal Law: MCOLES Test Questions & Answers. Rated A+ Table of Contents - 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 - -Declaration of Independence -The U.S. Constitution 1. unalienable rights to life, liberty, and the pursuit of happiness 2. Protect the rights of people 3. The people have a duty and right to overthrow an unjust gov't The U.S. Consitution - -ensure proper checks and balances -delegate and assign power to the gov't -to protect individual rights The U.S. Constitution - Separation of Powers: -Legislative -Executive -Judicial The Legislative Branch - -Congress -2 houses that enact the law The Executive Branch - -Executes the existing laws The Judicial Branch - -Interprets the law -determines legality of law or action by the gov't -Judicial Review Case Briefing - -Is an outline of a court opinion General Format: 1. Facts 2. Issue 3. Holding 4. Reasoning Court Review Scrutiny - Three Levels: -Rational basis -Intermediate -Strict Rational Basis Scrutiny - -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 - -Mid level -used for laws that distinguish people based on gender -law must be substantially related to an important gov't objective Strict Scrutiny - -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 - -States the First Ten Amendments Incorperation - -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 - -Freedom of speech 1. The establishment clause -gov't shall make no law respecting an established religion... 2. Free exercise clause -...or the free exercise thereof Second Amendment - -Right to bear arms -ownership of firearms for self defense is a legitimate exercise of the 2A Fourth Amendment - Right of the people to be secure in their persons, houses, and effects, against unreasonable search and seizures -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 - -Miranda rights -double jeopardy clause Protections