CLEET LEGAL BLOCK
What is a tort? - ANS- A civil wrong
Burden of proof in a civil case - ANS- preponderance of the evidence
What is a crime? - ANS- criminal wrong, offense against the public
Burden of proof in a criminal matter - ANS- beyond a reasonable doubt
Elements to Show Negligence - ANS- Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - ANS- assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - ANS- violation of constitutional rights
under color of law
causation
damages
Defenses against tort claims - ANS- Technical defenses
-improper service
improper venue
-lack of jurisdiction
-statute of limitations
Substantive defenses
-failure to state a claim
Who is entitled to absolute immunity? - ANS- judges
court employees
prosecutors
parole board
president
legislators
, witnesses
Immunity applying to peace officers &
test to determine immunity - ANS- Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - ANS- -serving individual personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - ANS- writes of assistance
general execution
replevin
order of delivery
define injunction - ANS- command to refrain from a particular act.
standards of conduct while serving a civil document - ANS- -neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? - ANS- intimate partner
family
household member
different types of VPO - ANS- emergency ex-parte
VPO
offender violates VPO
Branches of Government - ANS- Legislative, Executive, Judicial
Criminal Justice System - ANS- police, courts, corrections
Where criminal laws are found? - ANS- constitution & constitutional amendments
what is the purpose of criminal law? - ANS- no crime unless a punishment is specified
define a private wrong - ANS- violation of duty imposed by general law
definition of a crime - ANS- act or omission forbidden by law or penal sanctions
What is a tort? - ANS- A civil wrong
Burden of proof in a civil case - ANS- preponderance of the evidence
What is a crime? - ANS- criminal wrong, offense against the public
Burden of proof in a criminal matter - ANS- beyond a reasonable doubt
Elements to Show Negligence - ANS- Duty
Breach
Causation
Damages/injury
Elements needed to show intentional tort - ANS- assault
battery
kidnapping
trespass/conversion
malicious prosecution
Elements needed to show a constitutional tort - ANS- violation of constitutional rights
under color of law
causation
damages
Defenses against tort claims - ANS- Technical defenses
-improper service
improper venue
-lack of jurisdiction
-statute of limitations
Substantive defenses
-failure to state a claim
Who is entitled to absolute immunity? - ANS- judges
court employees
prosecutors
parole board
president
legislators
, witnesses
Immunity applying to peace officers &
test to determine immunity - ANS- Probations officers preparing reports
Was there a constitutional violation
Should the officer have known this?
methods of serving a civil process document - ANS- -serving individual personally
-leaving copies at individuals house
-giving to someone 15 years or older
peace officers authority to act in attempting a "service" - ANS- writes of assistance
general execution
replevin
order of delivery
define injunction - ANS- command to refrain from a particular act.
standards of conduct while serving a civil document - ANS- -neutrality
-methods
-when unusable to enforce/execute
-use of force
-interpretation of directives/orders
who does domestic abuse laws apply to? - ANS- intimate partner
family
household member
different types of VPO - ANS- emergency ex-parte
VPO
offender violates VPO
Branches of Government - ANS- Legislative, Executive, Judicial
Criminal Justice System - ANS- police, courts, corrections
Where criminal laws are found? - ANS- constitution & constitutional amendments
what is the purpose of criminal law? - ANS- no crime unless a punishment is specified
define a private wrong - ANS- violation of duty imposed by general law
definition of a crime - ANS- act or omission forbidden by law or penal sanctions
