Term
The primary function of a Writ of Habeas Corpus is to...
a. determine guilt or innocence
b. release from unlawful imprisonment
c. determine what evidence is held
d. none of these |
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Definition
b. release from unlawful imprisonment |
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Term
The US Supreme Court has original jurisdiction in cases involving...
a. federal crimes
b. US Diplomats
c. where a State is a party to the suit
d. Supreme Court is an Appellate Court, not original jurisdiction |
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Definition
c. where a State is a party to the suit |
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Term
Which of these rights is not protected by the VI amendment of the constitution?
a. speedy trial
b. right to counsel
c. right against self incrimination
d. right to a jury trial |
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Definition
c. right against self incrimination |
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Term
The most important aspect of the 14th amendment to the US Constitution is...
a. it provides due process for federal employees
b. it introduced the protection of life, liberty, and property
c. it made the Bill of Rights applicable to the States
d. none of these |
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Definition
c. it made the Bill of Rights applicable to the States |
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Term
Which amendment requires Search and Arrest warrants, issue upon probable cause?
a. 5th
b. 4th
c. 14th
d. 1st |
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Definition
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Term
Freedom of religion and speech is guaranteed in which amendment?
a. 5th
b. 14th
c. 1st
d. 4th |
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Definition
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Term
The 1st amendment to the US Constitution prohibits...
a. the government from establishing a religion
b. assemblies that stop traffic
c. speech that interferes with national security
d. all the above |
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Definition
a. the government from establishing a religion |
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Term
The 4th amendment to the US Constitution...
a. establishes separation of powers
b. provides for writ of habeas corpus
c. protects from unreasonable searches and seizures
d. protects against self incrimination |
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Definition
c. protects from unreasonable searches and seizures |
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Term
The 5th amendment to the US Constitution provides...
a. freedom of the press
b. right to public trial
c. freedom from double jeopardy
d. none of these |
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Definition
c. freedom from double jeopardy |
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Term
An order from a court, directing a person holding another person in custody, to bring the person held before the court and show cause why he/she is being held... is called a writ of ___________
a. attainder
b. habeas corpus
c. disclosure
d. capias |
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Definition
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Term
Right to confront your accusers and call witnesses in your defense, is the ________ amendment.
a. 1st
b. 4th
c. 6th
d. 8th |
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Definition
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Term
Prohibits cruel and unusual punishment...
a. 4th amendment
b. 8th amendment
c. 6th amendment
d. non of these |
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Definition
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Term
Prohibits excessive bail or fines...
a. 4th amendment
b. 8th amendment
c. 6th amendment
d. non of these |
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Definition
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Term
Right to a speedy and public trial and right tocounsel...
a. 6th amendment
b. 8th amendment
c. 4th amendment
d. 5th amendment |
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Definition
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Term
The evaluation of law for Constitutionality is done by the ________ branch of government.
b. judicial
c. legislative
d. appellate
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Definition
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Term
The only crime found in the Constitution, is ...
a. brigandry
b. piracy
c. treason
d. election fraud |
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Definition
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Term
Tennessee vs Garner supports the ______ amendment rights.
a. 4th
b. 8th
c. 6th
d. 1st |
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Definition
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Term
Miranda vs Arizona supports the _____ amendment rights.
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Definition
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Term
The Gault case supports the rights of the _____ amendment.
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Definition
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Term
Which amendment in known as the States' Rights Amendment?
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Definition
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Term
The 1st amendment court case ...
b. Duran v City of Douglas AZ
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Definition
b. Duran v City of Douglas AZ |
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Term
No person can be convicted of a Felony except upon....
b. entering a plea in open court waiving right to jury trial
c. sufficitent evidence presented by the State to support the guilty plea
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Definition
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Term
Senators and Representatives shall be exempt from arrest during the session of legislature except…
c. for breach of the peace
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Definition
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Term
Which of the following are Conservators of the Peace, state wide?
a. Justices of the Texas Supreme Court
b. Judges of the Court of Crimina lAppeals and District Courts
c. Justices of the Court of Appeals
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Definition
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Term
The proceedings and trials in all courts_________.
c. should be public, pending the decision of the trial judge
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Definition
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Term
Which of these is not a magistrate?
a. mayor of an incorporated city or town
b. recorder of an incorporated city or town
c. municipal court judge of an incorporated city or town
d. they’re all magistrates
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Definition
d. they’re all magistrates
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Term
Which of these is the "Duty of a Magistrate"?
a. preserve the peace within his jurisdiction
b. issue all processes intended to aid inpreventing and suppressing crime
c. cause the arrest of offenders, to be brought to punishment
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Definition
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Term
Which of these is not a peace officer?
a. marshals of an incorporated city or town
b. municipal park security officers
c. officers commissioned by a water control and improvement district
d. Special Agent of the F.B.I.
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Definition
d. Special Agent of the F.B.I.
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Term
Which of these are Notpeace officers but only have arrest authority for Felony offenses?
c. A.T.F. Agents & F.B.I. Agents
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Definition
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Term
What is the "Duty of every Peace Officer”?
c. arrest offenders where authorized by law
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Definition
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Term
A peace officer ______ summon a sufficient number of citizens of his county, to over come resistance in discharging any duty imposed by law and all persons summoned are bound to obey.
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Definition
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Term
A peace officer is trying to arrest a criminal and has summoned a local citizen to aid him in the arrest, the citizen refused to come to the officers' aid. The officer…
a. shall arrest the citizen for refusing to aid
b. shall report the person to the district or county attorney to be prosecuted
c. may arrest the person for refusing to aid
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Definition
b. shall report the person to the district or county attorney to be prosecuted
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Term
If a peace officer willfully refuses or fails to execute any summons, subpoena, or attachment or any legal process, he shall beliable for....
a. a fine of up to $10,000.00
b. a fine of $10.00 to $200.00
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|
Definition
b. a fine of $10.00 to $200.00
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Term
Which peace officer is a Conservator of the Peace, County wide?
a. Constable
b. Sheriff
c. Marshal
d. Chief of Police |
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Definition
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Term
Which of the below courts, do Not have Criminal Court jurisdiction?
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Definition
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Term
What is a peace officers '"Duty as to threats"?
a. prevent the threatened injury
b. no offense for athreatened act, but may arrest when injury occurs
c. may call as many people from his county to help prevent the threatened injury as needed
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Definition
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Term
How much force can an officer use to protect others from threats or injury?
a. greater force than resistance
b. all force necessary to repel the aggression
c. limited force to repel the aggression
d. minimal force to repel the aggression
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Definition
b. all force necessary to repel the aggression
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Term
Who's "Duty is it to disperse a riot"?
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Definition
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Term
What is the statute of limitation for manslaughter?
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Definition
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Term
Which of the below is not correct, on statute of limitation for offenses?
c. theft by public servant – 7 years
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Definition
c. theft by public servant – 7 years
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Term
Statute of limitation on misdemeanors is...
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Definition
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Term
A _______ may arrest a person without warrant for Felony or Breach of the Peace, committed in their presence or view.
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Definition
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Term
A peace officer may arrest a person without a warrant, for_____________ committedin his presence or view.
d. ordinance or code violations
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Definition
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Term
A magistrate can verbally order a peace officer to arrest a person, without a warrant, for ________committed within the magistrates' presence or view.
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Definition
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Term
A peace officer can arrest without warrant, a person found insuspicious places and under circumstances which reasonably show that such person is guilty of...
c. disorderly conduct or breach of the peace
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Definition
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Term
Where it is shown by satisfactory proof, to a peace officer, by a credible person, that a _________ has been committed and that the offender is about to escape so there is no time to get a warrant. Such peace officer may arrest without warrant.
b. offense above class C misdemeanor
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Definition
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Term
A peace officer from another State may pursue a fleeing person into Texas and arrest them here, if the person is suspected of committing _________.
b. a misdemeanor punishable by jail
c. any offense of the penal code
d. any crime, under “fresh violation”
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Definition
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Term
When a peace officer arrests a person for an offense above a class C misdemeanor in Texas, he shall…
a. take the arrested party before a magistrate that ordered the arrest
b. take the arrested party before some magistrate of the county of arrest, without an order
c. if necessary to obtain magistrates' warning, to a magistrate in a bordering county
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Definition
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Term
"A _________ is a written order from a magistrate, directed to a peace officer, commanding him to take the body of the person accused of an offense, to be dealt with according to law."
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Definition
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Term
A warrant issues in the name of _______.
b. the magistrate or court of issue
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Definition
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Term
Which of the below is Not correct about an arrest warrant?
a. the name of the accused is not mandatory on the warrant
b. what the person is accused of is not necessary on the warrant
c. it must be signed by the magistrate and his office named
d. none of the above is correct
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Definition
b. what the person is accused of is not necessary on the warrant
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Term
The affidavit made before a magistrate of District or County Attorney, that charges the commission of an offense, is called a _________.
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Definition
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Term
An arrest warrant extends to every part of Texas, except on signed by a…
b. mayor of an incorporated city
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Definition
b. mayor of an incorporated city
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Term
Warrants issued by the Mayor of an incorporated city shall extend to every part of the…
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Definition
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Term
A warrant that is only valid in the County of issue can be executed in other Counties or elsewhere in Texas if…
a. it is endorsed by the judge of a Court of Record
b. it is endorsed by any magistrate in the county where the accused is found, it may be executed in that county
c. it is endorsed by the Mayor of an incorporated city
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Definition
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Term
An officer arresting a person with an arrest warrant, shall upon arrest…
a. take the person to jail
b. take him before the magistrate that issued the warrant
c. take him before the magistrate named in the warrant
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Definition
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Term
A peace officer that arrests a person on an “out-of-county-warrant” shall take the person…
a. to a magistrate in the County where the warrant originated
b. to the County Jail in the county of arrest
c. to a magistrate in the county of arrest
d. to his department to call a lawyer and post bond
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Definition
c. to a magistrate in the county of arrest
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Term
If the accused fails or refuses to give bail, upon being arrested on warrant, the magistrate shall
a. commit the accused to jail in the county where arrested
b. commit the accused to jail in the county of warrant origin
c. notify the Sheriff in the county of offense of the arrest and commitment
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Definition
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Term
A Sheriff that receives notice that an offender has failed or refused to give bail, and has been committed to jail, shall…
b. go or send for the prisoner and bring him to his jail
c. go or send for the prisoner and bring him before that proper court or magistrate
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|
Definition
c. go or send for the prisoner and bring him before that proper court or magistrate
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Term
A person is “arrested” when…
a. he has been placed under restraint
b. he has been taken into custody
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Definition
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Term
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b. any day but only at reasonable hours
c. weekdays and not after 2am
d. any day and time except Sunday
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Definition
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Term
An officer may break the door down, to make an arrest, when…
a. he is refused admittance
b. after giving notice of his authority and purpose, he’s refused admittance
c. the warrant is for a Felony
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Definition
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Term
Which of these is true, about arrest with warrant?
a. it shall always be made known to the accused, under what authority the arrest is made
b. officer need not have the warrant in his possession at the time of arrest
c. upon request he shall show the warrant to the defendant as soon as possible
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Definition
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Term
“The security given by the accused that he will appear and answer before the proper court.”
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Definition
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Term
Who may accept bail in a misdemeanor case?
a. Sheriff
b. Peace Officer
c. Municipal Peace Officer
d. Any of the above |
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Definition
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Term
Who can not accept bail in a Felony case, when court is in session?
d. Municipal Police Officer
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Definition
d. Municipal Police Officer
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Term
Who can accept bail on a felony case, when the court is not in session?
c. Municipal Police Officer
d. Sheriff or any other peace officer having him in custody
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|
Definition
d. Sheriff or any other peace officer having him in custody
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Term
What is the life of a search warrant?
a. 3 days inclusive of day of issuance & day of return
b. 5 days exclusive of day of issuance & day of return
c. 3 whole days excluding day of issuance & day of execution
d. 3 whole days inclusive of day of issuance & day of return
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Definition
c. 3 whole days excluding day of issuance & day of execution
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Term
A search warrant shall not issue but upon ________.
a. reasonable suspicion
b. proper cause
c. probable cause
d. mere suspicion |
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Definition
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Term
A search warrant may be issued to search for and seize…
b. arms and munitions prepared for insurrection or riot
d. may order the arrest of a person
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Definition
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Term
When the officer has served the search warrant and seized the property listed, he shall take the property to…
a. the police property room
b. the magistrate that issued the warrant
c. any magistrate of the county
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Definition
b. the magistrate that issued the warrant
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Term
When serving the search warrant the officer may only search…
b. the exact locations specified in the warrant
c. the areas in the specified locations where a person could expect the items listed to be found
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Definition
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Term
If officer A has a search warrant for stole cattle, he can not look…
a. in the desk drawers of the suspect
b. in the suspects’ clothing
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Definition
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Term
Who has the right to “prevent the consequences of theft”?
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|
Definition
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|
Term
“A written statement of a grand jury accusing a person of an offense.”
|
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Definition
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|
Term
“A written statement filed and presented by the District or County Attorney, in behalf of Texas, charging the defendant with an offense of law.”
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Definition
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Term
“A writ issued by a court or clerk, directed to any peace officer of Texas, commanding him to arrest a person accused of an offense and bring him before the court immediately or on a date started.”
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Definition
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Term
Who may execute a Capias?
b. Constable or Sheriff only
d. Any authorized person, by the court
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Definition
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|
Term
Which document requires a witness to bring any writing or other evidence before the court?
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Definition
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Term
Art. 28.23 CCP states “No evidence obtained by an officer or any other person, is admissible in a court against the accused, if…”
a. it was obtained in violation of the Texas Constitution
b. it was obtained in violation of the U.S. Constitution
c. it was obtained in violation of the law
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Definition
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Term
Art. 38.23 is referred to as the __________ rule.
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Definition
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Term
Complaints in Municipal courts shall begin and end in the phrase…
a. In the name and authority of the State of Texas
b. Against the peace and dignity of the State
c. Contrary to said ordinance…
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Definition
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Term
A person dies while in the custody of a peace officer. Who investigates the death?
c. Chief administrator of the peace officers’ agency
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|
Definition
c. Chief administrator of the peace officers’ agency
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Term
A prisoner dies while in the County Jail, who investigates the death?
a. Director of the jail facility
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|
Definition
a. Director of the jail facility
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Term
Who is responsible for conducting an inquest into an alleged suicide at a private residence?
a. first officer on the scene
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Definition
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Term
An inquest of a deceased person need not be held if…
b. dies an unnatural health
c. dies while attended by a physician and causes of death is known
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Definition
c. dies while attended by a physician and causes of death is known
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Term
A peace officer investigating a death, may not move the body until authorized by the…
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Definition
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Term
A person that intentionally or knowingly hinders the entrance of a J.P. to a premises where a death occurred or a body was found, is guilty of…
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|
Definition
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Term
“________ means any property of any nature, including real, personal, tangible or intangible that is used in the commission of any first or second degree felony under the penal code.”
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|
Definition
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Term
“Any criminal offense defined in the Penal Code or in a Federal Criminal Law that results in __________ to a victim,” defines Crime of Violence.
b. serious bodily injury or death
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Definition
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Term
If contraband is seized by a Peace Officer under chapter 59 of the CCP, the prosecutor shall commence “Notification of Forteiture Proceedings” no later than the ____ day after the date of seizure.
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Definition
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Term
“A law enforcement initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity,” defines ____________.
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Definition
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Term
What is the life of a search warrant, issued for collection of a sample for DNA?
a. 3 whole days excluding day of issuance & day of return
b. 15 whole days excluding day of issuance & day of return
c. 15 whole days inclusive of day of issuance & day of return
d. 5 whole days inclusive of day of issuance & day of return |
|
Definition
b. 15 whole days excluding day of issuance & day of return |
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Term
The earliest form of professionalism, came from…
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|
Definition
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|
Term
“The occupation which one professes to be skilled in”, defines…
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|
Definition
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|
Term
“The Learned Professions are”;
a. divinity, law, military
b. divinity, law, medicine
c. divinity, military, medicine
d. medicine, military, law
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|
Definition
b. divinity, law, medicine
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Term
“One who is engaged in one of the learned or skilled professions, or in a calling considered socially superior to a trade or craft”.
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|
Definition
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|
Term
Which of these would be a “Learned Professional”?
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|
Definition
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|
Term
Which of these is NOT an advantage of professional police departments?
a. public is better served
d. stronger community support and respect
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Definition
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Term
The prime beneficiary of a professional and ethical criminal justice system is the…
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Definition
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|
Term
In the study of ethics it is critical to understand that the _______ is as important at the act.
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Definition
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Term
Attitudes and actions must be in line with the basic _______ if they are to have a positive effect on the public.
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Definition
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Term
“________ involves the expression or use of facts without distortion by personal feelings or prejudices.”
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|
Definition
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|
Term
Ethics are a _______ behavior.
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|
Definition
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|
Term
“The state or quality of mind that enables one to face danger with self-possission, confidence and resolution, bravery and valor”, defines
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|
Definition
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Term
Refusing a gratuity or refusing to participate in a cover-up, is examples of …
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|
Definition
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Term
Who's duty is it to execute and return Civil Process to the courts?
A. Sheriff only
B. Constable only
C. Sheriff and Constable
D. All peace officers |
|
Definition
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Term
Laws which declare what conducts is criminal and prescibes punishment to be imposed, defines...
A. Criminal Law
B. Civil Law
C. Trial Law
D. Torts |
|
Definition
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|
Term
In Civil Law judgement is rendered based upon...
A. Evidence beyond a reasonable doubt
B. Evidence beyond all doubt
C. Reasonable suspicion
D. A preponderance of the evidence |
|
Definition
D. A preponderance of the evidence |
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|
Term
A civil Citation shall not be served...
A. In the mail
B. On Sunday
C. After 5 pm
D. Any of the above |
|
Definition
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Term
A Civil Suit officially begins with...
A. Preparation of a Petition
B. Issuance of a citation
C. Service of the citation
D. Occurance of a civil wrong |
|
Definition
C. Service of the citation |
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Term
If a tenant is locked out of his apartment without judicial process, the landlord must....
a. place a written note on the tenant's door stating where he may obtain the new key at any hour of the day or night.
b. Give the new key to the tenant regardless if his past due rent is paid.
c. Refuse entrance tot he tenant until past due rent is paid.
d. A and B. |
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Definition
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Term
The most preferred method of service of citation is by....
a. certified mail
b. in person
c. publication
d. alternate service |
|
Definition
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|
Term
A ____________ may serve a civil citation.
a. Sheriff
b. Constable
c. Authorized person.
d. Any of the above. |
|
Definition
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|
Term
Which subpoena requires the person to bring all evidence, especially written documents?
a. subpoena
b. subpoena duces tecum
c. subpoena documentus
d. writ of attachment |
|
Definition
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|
Term
__________________ starts the eviction process.
a. writ of possession
b. writ of forcible entry and detainer
c. writ of reentry
d. none of these |
|
Definition
b. writ of forcible entry and detainer |
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Term
_____________ is needed by a Peace Officer to enforce the eviction.
a. writ of possession
b. writ of forcible entry & detainer
c. writ of reentry
d. writ of eviction |
|
Definition
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|
Term
______________ is responsible for "loose livestock on the roadway?"
a. Texas Rangers
b. All peace officers
c. Sheriff
d. Constable |
|
Definition
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|
Term
___________ assists the tenant to get back into their apartment after being unlawfully evicted.
a. forcible entry & detainer
b. writ of possession
c. writ of reentry
d. writ of execution |
|
Definition
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|
Term
To be authorized by a Court to serve Civil Process, the person must be at least age ___.
a. 21
b. 18
c. over 18
d. over 21 |
|
Definition
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Term
A landlord that has "non exempt" property of a delinquent tenant in storage, may seize the property for the "back rent that is due." This is called a ____________.
a. writ of seizure
b. writ of possession
c. landlord's lien
d. tenant's lien |
|
Definition
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|
Term
a "small claims court" has civil juridiction up to $_____________.
a. $5,000
b. $10,000
c. $2,500
d. $2,000 |
|
Definition
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Term
Altenate Service, after diligent effort has been attempted to serve, may be requested under Rule #___ if the process is out of Justice Court.
a. 106
b. 536
c. 357
d. .45 cal |
|
Definition
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Term
When serving a citation in a Law Suit, the defendant must be informed that he has to file a written answer at the Justice Court at or before 10:00 a.m. on the Monday next after the expiration of ___ days.
a. 14
b. 20
c. 30
d. 15 |
|
Definition
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Term
According to the Rules of Civil Procedure, the document that commands a sheriff or constable to take into their possession the property, if to bhe found in their county, and keep the same subject to further orders of the court, is known as a writ of ___________.
a. garnishment
b. possession
c. replevin
d. sequestration |
|
Definition
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|
Term
According to the Rules of Civil Procedure, a distress warrant may be filed with a __________.
a. municipal court
b. justice of the peace
c. county court
d. district court |
|
Definition
|
|
Term
According to the Penal Code, sexual harassment is an element of which offense? (PC 39.03(a)(3))
a. Abuse of official capacity
b. Official oppression
c. Misuse of official position
d. Official misconduct |
|
Definition
|
|
Term
According to the Rules of Civil Procedure, a citation may normally be served on any day except a _____________.
a. legal holiday
b. Saturday
c. Sunday
d. national holiday |
|
Definition
|
|
Term
According to the Property Code, a writ instructing the tenant and all persons under the tenant to leave the premises immediately is a writ of _________________.
a. sequestration
b. garnishment
c. possession
d. attachment |
|
Definition
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|
Term
Which of these best defines the C.J. System in Texas?
a. police, courts, jail
b. sheriffs, courts, correction
c. police, courts, corrections
d. police judiciary, incarceration |
|
Definition
c. police, courts, corrections |
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|
Term
Another name for Municipal Law is ___________ Law.
a. Criminal
b. Civil
c. Natural
d. Corporate |
|
Definition
|
|
Term
"That law which for the purpose of preventing harm to society, declares what conduct is criminal and prescribes the punishment to be imposed for such conduct," defines _____________ Law.
a. Civil
b. Common
c. Tort
d. Criminal |
|
Definition
|
|
Term
Appeals from the Justice Court go to the ________ Court.
a. County
b. District
c. Appeals
d. Municipal |
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Definition
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Term
Appeals form the County Court go to the ________ Court.
a. District
b. Appeals
c. Supreme
d. Criminal Appeals |
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Definition
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Term
Appeals from the District Court go to the ________ Court.
a. Court of Criminal Appeals
b. Court of Appeals
c. Texas Supreme Court
d. District Appeals |
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Definition
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Term
The two kinds of Court are the __________ & ___________.
a. Criminal & Civil
b. State & Federal
c. State & District
d. County & District |
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Definition
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Term
Which court of original jurisdiction hears Class A&B Misdemeanors only?
a. Justice Court
b. County Court
c. District Court
d. Municipal Court |
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Definition
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Term
Which court has Original Jurisdiction on all Felonies?
a. District
b. County Criminal Court
c. Court of Criminal Appeals
d. Texas Justice Courts |
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Definition
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Term
Misdemeanor cases with a fine not to exceed $500.00 goes to which court?
a. District
b. Justice
c. County
d. Appeals |
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Definition
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Term
Small Claims Court hears cases up to $__________ in value.
a. 500.00
b. 250.00
c. 5,000.00
d. 10,000.00 |
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Definition
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Term
Highest Court of Appeal in Criminal cases in Texas in the...
a. Texas Supreme Court
b. Texas Court of Appeals
c. Texas Court of Criminal Appeals
d. US Supreme Court |
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Definition
c. Texas Court of Criminal Appeals |
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Term
That law which defines Personal & Property rights of individuals...
a. Criminal Law
b. Civil Law
c. Corporate Law
d. Family |
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Definition
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Term
What is the purpose of Criminal Law?
a. prevent harm to society
b. declare what conduct is Criminal
c. prescribe punishment for Criminal acts
d. b&c |
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Definition
a. prevent harm to society |
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Term
“A person is ________ when he has been actually placed under restraint”
b. in constructive custody
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Definition
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Term
“A person is __________ when taken into custody by a peace officer.”
b. in constructive custody
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Definition
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Term
Which of these below is not necessary to have an arrest?
a. understanding of the individual being arrested
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Definition
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Term
“One person exercising control over another and detains that person within certain limits, through fear of injury or threats”, defines…
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Definition
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Term
“One person exercises control over another, not to confine him within certain limits, but to subjects him to general authority and power of the person claiming such a right”, defines…
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Definition
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Term
“Custody, means under __________ by a public servant, pursuant to a court order.”
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Definition
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Term
Which U.S. Constitutional amendment is the primary focus of the Miranda vs. Arizona case?
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Definition
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Term
“A peace officer may arrest without a warrant, when __________ has been committed in the presence of a magistrate, and such magistrate verbally orders the arrest.”
a. any offense of the law
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Definition
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Term
“Any citizen can arrest without a warrant, an offender that commits a __________ in the presence or view of the citizen.”
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Definition
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Term
“A peace officer may arrest an offender without a warrant for ________ committed in his presence or view.”
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Definition
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Term
A peace officer can arrest which of the following without a warrant?
a. persons found in suspicious places with reasonable evidence of commission of a felony
b. persons intoxicated and public
c. persons the peace officer has probable cause to believe have committed assault with bodily injury or on a family member
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Definition
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Term
Which of the following is a peace officer required by law to arrest, even without a warrant?
b. a person threatening to commit a violation of law
c. a person he has probable cause to believe is violating a protective order in his presence
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Definition
c. a person he has probable cause to believe is violating a protective order in his presence
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Term
When it is shown by satisfactory proof to a peace officer, by a credible person, that a ________ has been committed, the offender is about to escape, that there is no time to get a warrant, such peace officer may arrest without a warrant.
a. crime
b. breach of the peace or felony
c. felony
d. penal violation |
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Definition
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Term
Under 18.16, who has the right to seize stolen property and bring it with the offender, before a Magistrate for examination?
b. any public servant or peace officer
d. anyone under order of the court
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Definition
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|
Term
Under 18.16, what grounds must exist to justify the seizure?
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Definition
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Term
“A __________ is a written order from a magistrate, directed to a peace officer or some other person specifically named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.”
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Definition
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Term
The affidavit made before a magistrate that charges the commission of an offense is a …
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Definition
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Term
Which of the following is not required on a warrant?
a. issues in the name of The State of Texas
b. specify the name of the person to be arrested
c. state the charge accused of
d. state the time and place of the commission of the offense
e. all the above is required
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Definition
d. state the time and place of the commission of the offense
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Term
A warrant of arrest shall extend to every part of the State, and any peace officer is authorized to execute said warrant, except warrants issued by …
c. mayors of an incorporated city or town
d. magistrate of a court of record
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Definition
c. mayors of an incorporated city or town
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Term
A warrant that was issued by a mayor of an incorporated town or city, may be executed anywhere in Texas if it is endorsed by …
a. a judge of a court of record
b. a magistrate in the county where arrested
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Definition
a. a judge of a court of record
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Term
A warrant issued by a mayor of an incorporated town or city, may be executed in the County where the offender is found, if endorsed by ….
a. any magistrate of that county
b. only a magistrate of a court of record
c. any magistrate of a surrounding county
d. none of the above |
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Definition
a. any magistrate of that county
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Term
The officer executing an arrest warrant, shall without unnecessary delay, take the arrested a person …
b. to the magistrate that issued the warrant
c. if not arrested and county of issue, before any magistrate
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Definition
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Term
Upon arresting the person on a warrant, and being taken before a magistrate, the magistrate shall …
a. advise the person of the charges against them
b. and advise the person of his Miranda Rights
c. if charged with class C misdemeanor, may release without bond, pending trial
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Definition
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Term
A person arrested on an “out-of-country-warrant” shall be taken before a magistrate in the county of arrest, and the magistrate …
b. shall take bail, if allowed, and transit it to the court of jurisdiction
c. shall commit the person to jail in the county of arrest, if he fails or refuses uses to give bail
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Definition
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Term
An officer may break down the door at any house to make an arrest if …
a. he is refused admittance after giving notice of his authority and purpose
b. he is refused admittance after demand was made to open up
c. the charge is a Felony
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Definition
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Term
Any arrest may be made, when …
b. an any hour of the day or night
c. any day except Sunday, and not after 10pm
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Definition
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Term
In executing an arrest warrant, it shall always be made known to the accused…
a. under what authority the arrest is made
b. the officer shall have the warrant in his possession at the time of arrest
c. the officer must show the warrant to the accused upon demand
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Definition
a. under what authority the arrest is made
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Term
What force may be used to make an arrest?
b. any reasonable force may be used
c. no greater force than necessary to secure arrest and detain
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Definition
c. no greater force than necessary to secure arrest and detain
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Term
“A _________ is a writ issued by the court or clerk, and directed to any peace officer of the State of Texas, commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day or at a term stated in the writ” defines…
a. arrest warrant
b. capias
c. commitment order
d. subpoena |
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Definition
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Term
The act of imagining, or of doubt, the apprehension of something without proof, or on slight evidence, defines …
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Definition
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Term
A peace officer sees a person acting suspicious, at 2am.The officer may not …
c. ask him for his address
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Definition
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Term
A frisk is justified to detect …
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Definition
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Term
Which Supreme Court case is the landmark case on “firsk”?
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Definition
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Term
A warrant issued by the mayor of an incorporated city or town, shall extend to every part of the _________.
a. County of the city where issued
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Definition
a. County of the city where issued
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Term
What can a peace officer do with mere suspicion?
a. approach and question of the person
b. detained if the person refuses to answer
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Definition
a. approach and question of the person
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Term
“An apparent state of facts found to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged.” Defines …
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Definition
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Term
“Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense.” Defines …
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Definition
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|
Term
Which of the below elements is necessary for a temporary detention?
a. reasonable suspicion that some activity out of the ordinary has taken place or is
b. some indication to connects the person to be detained with the suspicious activity
c. some indication that the suspicious activity is related to a specific event
d. all the above must be present
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Definition
d. all the above must be present
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Term
You have lawfully detained a suspicious acting person, you may …
a. orally command the person to remain a reasonable length of time well actively investigating
b. take the person with you to check out a possible crime scene
c. require him to identify himself
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Definition
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|
Term
What is the landmark Supreme Court case that supports lawfuly detaining a person and rules of temporary detention?
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Definition
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Term
“A pat down of the outer clothing, of a person you have stopped”, defines a ______________.
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Definition
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|
Term
“A prying into hiding places for that which is concealed”, defines …
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Definition
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Term
According to law, which of the following is allowed to be searched for by warrant?
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Definition
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Term
Which Supreme Court case supports what is allowed to be searched for by warrant?
a. Katz vs. U.S.
b. Chimel vs. California
c. Brown vs. Texas
d. None of these |
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Definition
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Term
What circumstances allow a peace officer to lawfully search person or property?
b. search incident to a lawful arrest
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Definition
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Term
A search Incident to Arrest, must have what elements?
b. may only searched the person arrested and the area under his immediate control
c. must be a lawful arrest, and search made at the time of the arrest
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Definition
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|
Term
Which Supreme Court case supports the elements of Search Incident to Lawful Arrest?
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Definition
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Term
No search warrant shall issue but upon ____________.
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Definition
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Term
|
a. be sworn to by affiant
b. show probable cause to believe a specific offense has occurred
c. specifically describe the property or evidence to be seized that is evidence of that offense
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Definition
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Term
A search warrant ______ order an arrest.
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Definition
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Term
A search warrant shall be executed without delay within _____ days.
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Definition
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Term
When the search warrant was executed and the properties seized the officer shall take possession of the property and take it …
a. to the police property room
c. to the magistrate that issued the warrant
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Definition
c. to the magistrate that issued the warrant
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Term
What may be searched by law?
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Definition
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Term
“That area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that is considered part of the house.” Defines …
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Definition
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Term
________ begins where curtilage ends.
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Definition
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Term
Evidence of a crime or contraband that is open view is not considered a “search” and may be seized by the observing peace officer, as long as he had a lawful right to be standing where he was when he observed the evidence. This describes the ___________ doctrine.
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Definition
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Term
A peace officer serving a legal search warrant sees evidence of a different crime while on the premises, he may …
a. seize the other evidence too
b. may not seize anything that is not listed on the warrant
c. must get another warrant to come back
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Definition
a. seize the other evidence too
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Term
While arresting “x” on a felony arrest warrant, you handcuff “x” in that bed where you found him, you a now search …
b. under the pillows, mattress, and on the night stand adjacent to the bed
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Definition
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Term
“A detailed list of articles or property; a list or schedule of property, containing a digestion or description of each specific article,”defines …
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|
Definition
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Term
Between inventory and search, the primary difference is …
b. intent to find evidence of a crime or contraband
c. intent to arrest someone
d. intent to seize property
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Definition
b. intent to find evidence of a crime or contraband
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Term
“Evidence obtained illegally renders it inadmissible”, this is known as the ________ doctrine.
a. fruit of the poisonous tree
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Definition
a. fruit of the poisonous tree
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Term
Mapp vs. Ohio deals with;
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Definition
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|
Term
“Fruit of the poisonous tree”, applies to _______ evidence illegally obtained.
a. confessions,statements, interviews
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Definition
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Term
Exclusionary rule, applies to _________ evidence illegally obtained.
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Definition
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|
Term
“Probable Cause” to believe a crime has occurred, is occurring or will occur, is required for arrest.
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|
Definition
|
|
Term
|
Definition
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|
Term
Search & expectancy of privacy …
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|
Definition
|
|
Term
Fruit of the poisonous tree doctrine …
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|
Definition
|
|
Term
5th amendment protections at time of arrest …
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Definition
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|
Term
|
Definition
|
|
Term
Exigent circumstances to search, under Motor Vehicle exception…
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|
Definition
|
|
Term
|
Definition
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|
Term
Search incident to lawful arrest, limiting search to person, clothing and immediate area.
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|
Definition
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|
Term
Under the “stop & frisk” rule the officer may only frisk for…
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Definition
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Term
"An organized and relatively unchanging combination of a person's knowledge and feelings about someone or something, that influences him/her to behave in a certain way, in regard to that person or thing", defines...
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|
Definition
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|
Term
"Refers to groups of people with common ancestry and physical characteristics".
|
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Definition
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|
Term
“Refers to shared culture and background”.
a. race
b. ethnicity
c. attitude
d. incest |
|
Definition
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|
Term
Which of the following usually have “common ancestry, and generally share language, Religion and other cultural patterns”?
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Definition
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Term
The three recognized races on Earth, are…
a. negroid, mongoloid, Caucasoid
b. negroid, caucasoid, latinoid
c. asian, negroid, Caucasoid
d. there are more than 3 races |
|
Definition
a. negroid, mongoloid, Caucasoid |
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Term
“An adverse judgment or opinion formed beforehand or withoutknowledge of or examination of the facts”, defines…
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|
Definition
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|
Term
Discrimination is to act on the bias of…
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Definition
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Term
The 4 basic feelings harbored by prejudiced people are...
a. superiority, fear, proprietary claims and feelings that others are strange
b. superiority,proprietary claims, fear and acceptance of others' differences
c. inferiority, trust, fear and proprietary claims
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Definition
a. superiority, fear, proprietary claims and feelings that others are strange
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Term
Key functions of discrimination, are...
a. tends to reinforce prejudice
b. limits the other groups' effectiveness on business, education, politics
c. economic exploitation of the group
d. all of these |
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Definition
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Term
A peace officer should enforce the law...
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Definition
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Term
Which of these are skills used by the police, in being sensitive to the needs of others?
a. be non-judgmental, show warmth, be willing to communicate
b. be suspicious of ambiguity, non-empathic, gather knowledge about others
c. be cautious, suspicious, cynical, elite
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|
Definition
a. be non-judgmental, show warmth, be willing to communicate
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Term
The consequences of in-sensitivity are...
a. anger, hurt feelings, loss of personal respect, ineffective performance
b. pride, compassion, respect for self and department
c. hostility, aggression, personal satisfaction, high performance
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|
Definition
a. anger, hurt feelings, loss of personal respect, ineffective performance
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Term
Individuals should be evaluated on their ______?
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Definition
|
|
Term
Group of persons to blame when things go worng.
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Definition
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|
Term
A judgment formed before hand without knowledge of the facts, defines?
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Definition
|
|
Term
To act on the basis of prejudice, defines?
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|
Definition
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Term
It is important to be aware of one's ______ in order to preform daily activities with objectivity.
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|
Definition
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|
Term
Which of the following feelings is not harbored by most prejudiced people?
a. feeling of inferiority
b. others are strange and different
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|
Definition
a. feeling of inferiority
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|
Term
________ "a way of thinking and acting based on tradition."
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Definition
|
|
Term
"The act of regarding one's culture as the center of the universe and hence as the basis for comparisons with others cultures."
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Definition
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|
Term
Which of these is not an objective of the Texas Penal Code?
a. To insure public safety
b. To safeguard non-criminal conduct
c. To prevent arbitrary & oppressive treatment of suspects
d. They are all objectives |
|
Definition
d. They are all objectives |
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|
Term
Conduct doesn't constitute an offense inless it is defined as an offense by _______.
a. Municipal ordinance
b. Statute
c. Order of a county commissioners's court
d. Any of these |
|
Definition
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|
Term
Texas has jurisdiction over an offense if the __________ occurs in Texas.
a. conduct
b. results
c. Both A and B
d. Neither A or B |
|
Definition
|
|
Term
“______ means physical pain, illness or any impairment of physical condition.”
a. serious bodily injury
b. bodily injury
c. personal injury
d. injury |
|
Definition
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|
Term
"A Firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury..." Defines?
a. Serious bodily injury
b. Bodily injury
c. Deadly weapon
d. Weapon |
|
Definition
|
|
Term
"Consent is not effective if..."
a. Induced by threat, force or fraud
b. Given by an intoxicated person
c. Given by a person with a mental disease or defect
d. Any of these |
|
Definition
|
|
Term
Element of offence means...
a. The forbidden conduct
b. The required culpability
c. Any required result
d. All of these |
|
Definition
|
|
Term
The additional requirement left out of #7, is:
a. The negation of any guilt in the offence
b. The negation of any exception to the offence
c. The negation of any prima facie evidence to the offence
d. All of the above |
|
Definition
b. The negation of any exception to the offence |
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Term
"An offence so designated by law or punishable by death or confinement in the penitentiary."
a. Misdemeanor
b. Crime
c. Felony
d. Penal infraction |
|
Definition
|
|
Term
"An individual, corporation or association"
a. Individual
b. Person
c. Actor
d. None of these |
|
Definition
|
|
Term
“The actual care, custody, control or management”
a. Possession
b. Direction
c. Effective consen
d.None of these |
|
Definition
|
|
Term
“Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of a bodily member or organ.”
a. Bodily injury
b. Harm
c. Serious bodily injury
d. Catostrophic Harm |
|
Definition
|
|
Term
“An offense so designated by law or punishable by fine, by confinement in jail or both.”
a. Felony
b. Misdemeanor
c. Crime
d. Criminal offense |
|
Definition
|
|
Term
“Omission means _______.”
a. Failure to act
b. Failure to include
c. To leave out a case element
d. None of these |
|
Definition
|
|
Term
What is the level of proof to convict a person of a criminal offense?
a. Preponderance of the evidence
b. Reasonable suspicion
c. Reasonable doubt
d. Beyond a reasonable doubt |
|
Definition
d. Beyond a reasonable doubt |
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|
Term
If the issue of the existence of an "affirmative defence" is submitted to the jury, the defendant must prove the affirmative defence.
a. Beyond a reasonable doubt
b. To a reasonable doubt
c. By a preponderance of the evidence
d. The defendant needs to prove nothing |
|
Definition
c. By a preponderance of the evidence |
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|
Term
"If the issue of the existence of an "affirmative defence" is submitted to the jury, the court shall charge that _____ on the issue requires the defendant to be acquitted."
a. Reasonable suspicion
b. Reasonable doubt
c. Beyond a reasonable doubt
d. Preponderance of the evidence |
|
Definition
|
|
Term
"__________ means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth"
a. Individual
b. Person
c. Actor
d. Fetus |
|
Definition
|
|
Term
"_____________ Means assent to the fact"
a. Conduct
b. Consent
c. Act
d. Offense |
|
Definition
|
|
Term
A threat to inflict bodily injury in the future on the person threatened or another.
a. Harassment
b. Assault
c. Coercion
d. Aggravated |
|
Definition
|
|
Term
A threat to harm a persons' credit or business repute.
a. Identity theft
b. Harassment
c. Fraud
d. Coercion |
|
Definition
|
|
Term
A threat to take or withhold action as a public servant.
a. Official oppression
b. Official misconduct
c. Harassment
d. Coersion |
|
Definition
|
|
Term
A person commits an offense, only if he engages in it _______.”
a. by duress
b. by coercion
c. voluntarily
d. involuntarily |
|
Definition
|
|
Term
If the definition of an offense does not prescribe a culpable mental state, but one is required by law, the lowest level of culpability needed to convicted is ________.
a. intentional
b. reckless
c. criminal negligence
d. knowing |
|
Definition
|
|
Term
Highest level of culpability is ______.
a. intentional
b. knowing
c. reckless
d. criminal negligence |
|
Definition
|
|
Term
“When one ought to be aware of substantial and unjustifiable risk that the result will occur”, defines …
a. reckless
b. criminal negligence
c. knowing
d. intentional |
|
Definition
|
|
Term
When one is aware of but consciously disregards a substantial and unjustifiable risk, that the result will occur, defines …
a. reckless
b. criminal negligence
c. knowing
d. intentional |
|
Definition
|
|
Term
When “one is aware that his conduct is reasonably certain to cause the results”, defines …
a. reckless
b. criminal negligence
c. intentional
d. knowing |
|
Definition
|
|
Term
When “it’s one’s conscious objective to engage in the conduct or cause the result”, defines…
a. reckless
b. criminal negligence
c. intentional
d. knowing |
|
Definition
|
|
Term
A person is ____ if the result would not have occurred, but for his conduct.
a. Responsible
b. Irresponsible
c. Criminally negligent
d. Criminally responsible |
|
Definition
d. Criminally responsible |
|
|
Term
An offense designated a misdemeanor without specification as to punishment category, is a class …
a. A
b. B
c. C
d. D |
|
Definition
|
|
Term
A class ___ misdemeanor does not impose any legal disability or disadvantage.
a. A
b. B
c. C
d. All misdemeanor impose legal disability. |
|
Definition
|
|
Term
The highest category Felony is …
a. State Jail Felony
b. 1st Degree Felony
c. 2nd Degree Felony
d. Capital Felony |
|
Definition
|
|
Term
The Class ___ misdemeanor is the highest class.
a. A
b. B
c. C
d. State jail misdemeanor |
|
Definition
|
|
Term
A class ___ misdemeanor is punishable by a fine of $4,000.00 and up to 1 year in jail.
a. A
b. B
c. C
d. State jail |
|
Definition
|
|
Term
A class ___ misdemeanor is punishable by a fine up to $2,000.00 and up to 180 days in jail.
a. A
b. B
c. C
d. None of these |
|
Definition
|
|
Term
A class ___ misdemeanor has a maximum fine of $500.00
a. A
b. B
c. C
d. D |
|
Definition
|
|
Term
Which felony results in 2 years to 20 years imprisonment with a possible $10,000 fine?
a. Capital
b. 1st degree
c. 2nd degree
d. 3rd degree |
|
Definition
|
|
Term
Which felony results in 2 years to 10 years imprisonment with a possible $10,000 fine?
a. 1st degree
b. 3rd degree
c. Capital
d. State jail |
|
Definition
|
|
Term
The ___ felony can result in 5 to 99 years or life in penitentiary.
a. capital
b. 3rd degree
c. 2nd degree
d. 1st degree |
|
Definition
|
|
Term
Which felony has a minimum jail time of six months?
a. 3rd degree
b. State jail
c. 2nd degree
d. 1st degree |
|
Definition
|
|
Term
Capital felony offense where the state does not seek the death penalty upon conviction, the punishment is _____
a. 15 years to life
b. 5 years to 99 years or life
c. Shall be life
d. May be life or death |
|
Definition
|
|
Term
A State Jail Felony can be punished as a 3rd degree felony if...
a. He has a prior felony conviction for aggravated sexual assault
b. He used a deadly weapon during his crime
c. Anyone associated with the crime used a deadly weapon
d. Any of the above |
|
Definition
|
|
Term
If a person is convicted of a State Jail Felony, he shall be punished as a 3rd degree felony if;
a. He has a prior felony conviction
b. He has 2 prior felony convictions
c. He has 2 prior state jail felony convictions
d. None of these |
|
Definition
c. He has 2 prior state jail felony convictions |
|
|
Term
A person convicted of a state jail felony that has 2 prior felony convictions (one subsequent to the first), shall be punished as a ____ felony.
a. 3rd degree
b. 2nd degree
c. 1st degree
d. State Jail |
|
Definition
|
|
Term
A person convicted of a 3rd degree felony that has a prior felony conviction, can receive a maximum of ____ years in prison.
a. 10
b. 20
c. 99
d. Life |
|
Definition
|
|
Term
A person convicted of a 2nd degree felony that has a prior felony conviction, can receive a maximum or ____ years in prison.
a. 10
b. 20
c. 99 to life
d. Death |
|
Definition
|
|
Term
A person convicted of a 1st degree felony with a prior felony conviction, can be imprisoned for a minimum of ____ years.
a. 5
b. 99
c. Life
d. 15 |
|
Definition
|
|
Term
A person convicted of a class A misdemeanor, with a prior class A misdemeanor or felony conviction, must serve a minimum or ____.
a. 1 year in jail
b. Up to 1 year in jail
c. 90 days
d. 180 days |
|
Definition
|
|
Term
A person convicted of a class B misdemeanor, with a prior class B misdemeanor or felony conviction, must serve a minimum of ____.
a. 180 days
b. 30 days
c. 60 days
d. 90 days |
|
Definition
|
|
Term
X commits a felony theft and in his attempt to flee apprehension, he runs over and kills Y. X is guilty of…
a. felony theft
b. aggravated robbery
c. murder 1st degree
d. murder 2nd degree
e. manslaughter |
|
Definition
|
|
Term
"X" causes the death of "Y": while under the immediate influence of sudden passion caused by adequate cause under circumstances at the time of the offense. "X" is guilty of?
a. Murder 1st degree
b. Manslaughter
c. Involuntary manslaughter
d. Murder 2nd degree
e. Negligent homicide |
|
Definition
|
|
Term
"X" while committing the offence of burglary, intentionally killed the homeowner. "X" is guilty of?
a. Murder 1st degree
b. Murder 2nd degree
c. Capital murder
d. Manslaughter
e. None of these |
|
Definition
|
|
Term
"X" intentionally killed "Y" (a child under 6 years of age), to get even with his estranged wife. "X" is guilty of?
a. Murder 1st degree
b. Murder 2nd degree
c. Capital murder
d. Manslaughter
e. Endangering a child |
|
Definition
|
|
Term
"X" intentionally commits arson to a structure, and in the commission of the offence a firefighter arrives and is killed by "X", to prevent the firefighter from killing the fire. "X" is guilty of?
a. Aggravated arson
b. Arson
c. Murder 1st degree
d. Manslaughter
e. Capital murder |
|
Definition
|
|
Term
"Z" a peace officer, arrives at the scene of a family disturbance and is fired at by the irate husband by a shotgun. "Z" is authorised to return fire but is reckless with his gunfire and kills an innocent third party. "Z" can be charged with?
a. Murder 1st degree
b. Manslaughter
c. Murder 2nd degree
d. Criminally negligent homicide |
|
Definition
|
|
Term
"X" caused the death of "Y" due to his criminal negligence. "X" is guilty of?
a. Manslaughter
b. Murder 1st degree
c. Murder 2nd degree
d. Capital Murder
e. None of the above |
|
Definition
|
|
Term
Murder becomes capital murder, if it occurs during the commission or attempted commission of which of the following offences?
a. Kidnapping
b. Robbery
c. Aggravated sexual assault
d. Obstruction or retaliation
e. All of the above |
|
Definition
|
|
Term
Criminally negligent homicide is a felony of the ____ degree.
a. 1st
b. 3rd
c. 2nd
d. State jail felony
e. None of the above |
|
Definition
|
|
Term
"X" comes home early and finds his wife in bed with his best friend. "X" becomes violent, and in the immediate influence of sudden passion from this cause, he shoots both of them and then in his grief calls the police and confesses. "X" is guilty of?
a. Criminally negligent homicide
b. Manslaughter
c. Murder, 1st degree felony
d. Murder, 2nd degree felony |
|
Definition
d. Murder, 2nd degree felony |
|
|
Term
Manslaughter is what degree felony offence?
a. 1st
b. 2nd
c. 3rd
d. State jail felony
e. Class A misdemeanor on 1st attempt / State jail felony for subsequent offense. |
|
Definition
|
|
Term
"X" comes home early and finds his wife in bed with his best friend. "X" becomes violent, and in the immediate influence of sudden passion from this cause, he shoots both of them and then in his grief calls the police and confesses. "X" is guilty of?
a. Criminally negligent homicide
b. Manslaughter
c. Murder, 1st degree felony
d. Murder, 2nd degree felony |
|
Definition
d. Murder, 2nd degree felony |
|
|
Term
"Y" recklessly drives a motorcycle into a swimming pool and kills a young boy by accident. "X" is guilty of?
a. Criminal negligent homicide
b. Manslaughter
c. Murder
d. No offence |
|
Definition
|
|
Term
“To restrain a person with intent to prevent his liberation by use of deadly force” is _____.
a. Abduct
b. Restraint
c. False arrest
d. Terroristic threat |
|
Definition
|
|
Term
“To restrict a person’s movement without their consent, so as to interfere substantially with his liberty, by moving him form one place to another or by confining him”, defines…
a. Abduct
b. Restrain
c. Arrest
d. False imprisonment |
|
Definition
|
|
Term
“To intentionally restrain another person, is…
a. No offense
b. Kidnapping
c. Aggravated kidnapping
d. Unlawful restraint |
|
Definition
|
|
Term
“To intentionally abduct another person, is…
a. Kidnapping
b. Aggravated kidnapping
c. Unlawful restraint
d. False arrest |
|
Definition
|
|
Term
“To intentionally abduct another person with intent to terrorize the person and then let them go”, is…
a. No offense
b. Terroristic threat
c. Kidnapping
d. Aggravated kidnapping |
|
Definition
|
|
Term
X abducts Z and holds for ransom. This is…
a. Kidnapping
b. Aggravated kidnapping
c. Abduction
d. Unlawful restraint |
|
Definition
|
|
Term
"X takes Z hostage during an armed robbery, to use as a shield and a hostage," X is guilty of:
a. Aggravated kidnapping
b. Kidnapping
c. Aggravated robbery
d. A & C |
|
Definition
|
|
Term
"x abducts Z at gunpoint, but never asked for a ransom or harmed Z in any way," this is:
a. Aggravated kidnapping
b. Kidnapping
c. Unlawful restraint
d. Aggravated abduction by firearm |
|
Definition
|
|
Term
Aggravated kidnapping is a ____ degree felony.
a. 1st
b. 2nd
c. 3rd
d. None of these |
|
Definition
|
|
Term
Kidnapping is a ____ degree felony
a. 1st
b. 2nd
c. 3rd
d. State Jail |
|
Definition
|
|
Term
X voluntarily released Z (his aggravated kidnapping victim) in a safe place. X can reduce his offence to a ____ felony of this act
a. 3rd degree
b. State jail
c. 2nd degree
d. 1st degree |
|
Definition
|
|
Term
X kidnapping a person and demands a ransom, then voluntarily releases the person safely prior to receiving the ransom. X is guilty of ____.
a. Kidnapping
b. Aggravated kidnapping
c. Unlawful restraint
d. No offense |
|
Definition
|
|
Term
"X" intentionally and knowingly abducts "Y" and holds him for ransom. x is guilty of:
a. False imprisonment
b. Kidnapping
c. Aggravated kidnapping
d. Aggravated imprisonment |
|
Definition
|
|
Term
"X" intentionally and knowingly abducts "Y" at gunpoint. X is guilty of...
a. False imprisonment
b. Aggravated kidnapping
c. Kidnapping
d. Terroristic threat |
|
Definition
|
|
Term
"X" intentionally and knowingly restrains "Y" against her will by force. X is guilty of...
a. False imprisonment
b. Aggravated kidnapping
c. Kidnapping
d. None of the above |
|
Definition
|
|
Term
"X" in the furtherance of the commission of an armed robbery of a store, abducts the store manage at gunpoint and used him as a "shield" to make a good escape. X is guilty of:
a. Aggravated kidnapping
b. Kidnapping
c. False imprisonment |
|
Definition
|
|
Term
"X" intentionally and knowingly abducts "Y" by threatening him with DEADLY FORCE. X is guilty of:
a. Aggravated kidnapping
b. Kidnapping
c. Disorderly conduct
d. attempted murder |
|
Definition
|
|
Term
Deviant sexual intercourse is:
a. Any contact between any part of the genitals of one person and the mouth of another.
b. Any contact between the genitals of one person and the anus of another person.
c. Penetration of the genitals or anus of another with an object.
d. Any of the above |
|
Definition
|
|
Term
a man touches the breast of another woman employee at a bar, for his own sexual gratification, however the woman is not offended.
a. Disorderly conduct
b. Public lewdness
c. Indecent exposure
d. Indecency with a child |
|
Definition
|
|
Term
Sam masturbates in front of a ten-year-old child.
a. Public lewdness
b. Homosexual conduct
c. Indecent exposure
d. Indecency with a child |
|
Definition
d. Indecency with a child |
|
|
Term
Biff is urinating in public and is reckless about his genitals offending or alarming other people.
a. Indecent exposure
b. Public lewdness
c. Homosexual conduct
d. None of these |
|
Definition
|
|
Term
A man and woman engage in sexual intercourse on a blanket in the city park under the cover of darkness.
a. No offense
b. Public lewdness
c. Indecent exposure
d. Indecency with a child |
|
Definition
|
|
Term
You are on patrol and observe a 20-year-old farm boy having sexual intercourse with a female sheep on the shoulder of FM 1960.
a. Incest
b. Aggravated sexual intercourse
c. Indecent exposure
d. Public lewdness |
|
Definition
|
|
Term
The penalty for Public Lewdness is a ____.
a. 3rd Degree felony
b. State jail felony
c. Class A misdemeanor
d. No offense |
|
Definition
|
|
Term
The penalty for indecency with a child is a ____.
a. 2nd Degree felony
b. 3rd Degree felony
c. State jail felony
d. Class A misdemeanor |
|
Definition
|
|
Term
X sets fire intentionally, to his well insured home, to collect on the policy. This is:
a. Fraud
b. Terrorism
c. Arson
d. None of these |
|
Definition
|
|
Term
X starts a trash fire in his yard and leaves it unattended while he goes in the house to eat lunch. The fire spreads to his neighbor's fence and burns it to the ground. X is guilty of:
a. Arson
b. Reckless damage
c. Criminal mischief
d. No offense |
|
Definition
|
|
Term
X intentionally damaged property belonging to Z, without Z’s consent This is:
A. Criminal mischief
B. Reckless damage
C. Criminal damage
D. Deadly conduct |
|
Definition
|
|
Term
X intentionally sprays his “Gang logo“ on the neighbor‘s fence with aerosol paint, without the owners‘ consent. This is:
A. Graffiti
B. Criminal mischief
C. Reckless damage
D. No offense |
|
Definition
|
|
Term
X intentionally draws on the neighbor’s fence with a brush and paint, without the owners consent This is:
A. Graffiti
B. Reckless damage
C. Criminal mischief
D. No offense |
|
Definition
|
|
Term
To place graffiti on a place of worship or human burial site or on a public monument is a _______ offense.
A. 1st Degree felony
B. State jail felony
C. Class A misdemeanor
D. 3rd Degree felony |
|
Definition
|
|
Term
X intentionally sets Eire to Y‘s pasture, destroying his hay field, without the consent of Y. This is:
A. Criminal mischief
B. Felony criminal mischief
C. Arson
D. Reckless damage |
|
Definition
|
|
Term
X is angry about a new church moving into the community. He intentionally blows up the church to prevent them establishing in the community. X is guilty of:
A. Terroristic threat
B. Organized crime
C. Arson
D. None of these |
|
Definition
|
|
Term
X places toilet paper in the neighbor’s trees, not damaging any of them but creating a substantial inconvenience for the neighbor, and without the neighbor's consent. X is guilty of:
A. Harassment
B. Disorderly conduct
C. Criminal mischief
D. Reckless damage |
|
Definition
|
|
Term
Two men have partnership in a taxi. One of the men destroys the taxi. This is:
A. Criminal mischief
B. Reckless damage
C. Arson
D. No offense |
|
Definition
|
|
Term
The difference between robbery and theft is:
A. Amount of property stolen
B. Force or attempted force used
C. Same thing
D. None of these |
|
Definition
B. Force or attempted force used |
|
|
Term
X in the process of stealing a woman’s purse, yanks the purse hard enough to pull the woman to the ground resulting in bodily injury to the woman. X fled with the purse and is guilty of:
A Theft
B. Mugging
C. Robbery
D. Aggravated robbery |
|
Definition
|
|
Term
X was trying to pick a man’s pocket without his knowledge and the man resisted and was fighting X to keep his wallet. X struck the 65-year-old victim, causing bodily injury and the man released his grip on the wallet and X fled With it, X committed:
A. Robbery
B. Theft
C. Felony theft
D. Aggravated robbery |
|
Definition
|
|
Term
X was fleeing from the lobby of the jewelry store with a diamond ring in his hand that he just snatched from a display rack, without the owners‘ consent, In the immediate flight to escape the store X runs over a disabled person in the doorway, causing bodily injury to that person, but X escaped in the process with the ring. This is:
A. Robbery
B. Aggravated robbery
C. Theft
D. Felony theft |
|
Definition
|
|
Term
X wants Y’s ring and threatens Y with bodily injury. Y fearing imminent bodily injury surrenders the ring without consent. X has committed;
A. Theft
B. Aggravated robbery
C. Robbery
D. Felony theft |
|
Definition
|
|
Term
X strikes Z over the head with a steel pipe, knocking the Victim unconscious resulting in serious bodily injury. While unable to resist X steals Z’s cash, wallet and watch and runs away. This is:
A. Robbery
B. Theft
C. Aggravated robbery
D. No offense |
|
Definition
|
|
Term
X walks into a bank and passes the teller a note reading. “I have a gun put all the cash in this bag or I will shoot you." The teller does not see a pistol, but believes he has one in his pocket. She hands over the cash and X gets away. X has committed:
A. Theft
B. Robbery
C. Aggravated robbery
D. Felony theft |
|
Definition
|
|
Term
X walks into a bank, with a pistol visible to the teller, he passes the same note as in questions # 7. The teller complies and X flees. This is:
A. Robbery
B. Aggravated robbery
C. Theft
D. Felony theft |
|
Definition
|
|
Term
X removes a gas cap on a parked car and inserts a garden hose into the tank, with the intent of removing gasoline without the owner's knowledge or consent. X has committed what offense?
A. Theft of gas
B. Breaking and entering
C. Burglary of a vehicle
D. No offense |
|
Definition
|
|
Term
X enters Y‘s home, without his consent, with the intent of stealing stereo equipment but is chased from the house by Y‘s poodle. X has committed what offense?
A. Criminal trespass
B. Attempted robbery
C. Burglary of a habitation
D. Burglary of a building |
|
Definition
C. Burglary of a habitation |
|
|
Term
X remained concealed in the surplus store until after closing hours, without the owners‘ consent. X then began loading up camping equipment he intended to remove X is guilty of:
A. Criminal trespass
B. Robbery
C. Theft
D. Burglary of a building |
|
Definition
D. Burglary of a building |
|
|
Term
X finds the door to a coin operated coke machine standing ajar. He opens the door and removes several cold cokes without paying and without the owner‘s consent. X has committed;
A Theft under $20.00
B. Breaking and entering
C. Burglary of a coin operated machine
D. Theft from a coin operated machine |
|
Definition
C. Burglary of a coin operated machine |
|
|
Term
X was being disruptive at an apartment complex where he did not reside. The manager of the complex told X to leave the premises and X refused. X is guilty of:
A. Burglary
B. Theft of service
C. Criminal trespass
D. No offense civil only |
|
Definition
|
|
Term
X is licensed “Concealed handgun holder” and he entered a business with a sign posted that prohibits concealed handguns on the property. X saw and understood the sign, but refused to leave until he finished his shopping. X has:
A Done nothing wrong-
B. Violations of unlawfully carrying a weapon
C. Violation of trespass by holder of license to carry concealed handgun
D. Criminal trespass |
|
Definition
C. Violation of trespass by holder of license to carry concealed handgun |
|
|
Term
X walks by a parked car that belong to Y. X sees a watch laying on the console that belong to Y and without the owners‘ consent, X reaches into the open car and grabs the watch and runs away. This is:
A Theft
B. Felony theft
C. Burglary of a vehicle
D. Burglary of a motor vehicle |
|
Definition
|
|
Term
Burglary is a 1st degree felony if:
A. The premises are habitations
B. It's with intent to commit a felony other than theft
C. It‘s committed at night.
D. A & B |
|
Definition
|
|
Term
Burglary of a building (other than a habitation) is a offense.
A. 1st Degree felony
B. State jail felony
C. 3rd Degree felony
D. Class A misdemeanor |
|
Definition
|
|
Term
Burglary of a habitation is a _ degree felony.
A. State jail felony
B. 3rd
C. 2nd
D. 1st |
|
Definition
|
|
Term
To have “entry” in a burglary, requires:
A. The entire person must be in the building
B. Any part of the body in the building or vehicle
C. Any extension of the body is in the building or vehicle ‘
D. B or C |
|
Definition
|
|
Term
A man enters a garage and takes cash from a motor Vehicle without the owners consent.
A. Criminal trespass
B. Burglary
C. Burglary of a vehicle
D. Theft |
|
Definition
|
|
Term
A man takes $1,500.00 from a parked vehicle on a highway, without the owners‘ consent. The most serious offense is?
A. Theft
B. Burglary of a vehicle
C. Burglary
D. Robbery |
|
Definition
|
|
Term
Possession of Marijuana requires what amount?
|
|
Definition
|
|
Term
a. transfer to another person with a witness
b. transfer a controlled substance to another person
c. transfer any item to another with 2 or more witnesses
|
|
Definition
b. transfer a controlled substance to another person
|
|
|
Term
The physical dependence on a drug, which includes tolerance and withdrawal…
|
|
Definition
|
|
Term
The state of psychological or physical dependence, or both, which results from chronic, periodic or continuous use of drugs…
|
|
Definition
|
|
Term
The psychological desire to repeat the use of a drug, intermittently or continuously, because of emotional reasons…
|
|
Definition
|
|
Term
The botanical name for Marijuana is…
|
|
Definition
|
|
Term
Felony possession of Marijuana requires…
|
|
Definition
|
|
Term
Actual care, custody or management or control, is…
|
|
Definition
|
|
Term
Which of the following is required to be on a prescription drug label?
a. name and address of patient, name and strength of the drug
b. name and address of issuing doctor , date of issue, directions for use
c. federal drug enforcement number, phone number of doctor
|
|
Definition
|
|
Term
A drug listed in schedules, I through V, or penalty groups 1 through 4 is a…
|
|
Definition
|
|
Term
A drug unsafe for self-medication and not included in schedules I through V, or penalty groups 1 through 4, is a…
c. prescription medication
|
|
Definition
|
|
Term
Which of these is marijuana?
a. the plant canabis sativa l
b. seeds from the canabis sativa plant
c. oil and cake made from the seeds and the plant
|
|
Definition
|
|
Term
Which of these is not marijuana?
a. stalk of the cannabis sativa l plant
b. oil and cake made from the seed and plant
c. resin extract from the cannabis sativa l plant
|
|
Definition
|
|
Term
Felony delivery of marijuana requires…
d. any usable amount, packaged for sale
|
|
Definition
|
|
Term
To sell, dispense or give away or supply in any other manner…
|
|
Definition
|
|
Term
A person that prepares dangerous drugs in dosage forms by mixing, compounding, encapsulating, entableting, or any other process…
|
|
Definition
|
|
Term
A drug required to bear the following warning on its label is a_______-, “Caution; federal law restricts this drug to use by or on the order of a licensed veterinarian”.
c. prescription medication
|
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
HSC: 481.002 : ________ “has an addiction forming or addition sustaining liability similar to morphine or is capable of conversion into a drug having addiction forming or addiction sustaining liability”.
|
|
Definition
|
|
Term
When destroying a dangerous drug a Peace Officer must act in the presence of _______.
|
|
Definition
|
|
Term
Which of the below is allowed to destroy a dangerous drug?
a. an employee of the Texas State Board of Pharmacy
b. an authorized Peace Officer
c. an officer of the Court
|
|
Definition
|
|
Term
Which of the below is authorized to serve as a witness to the destruction of dangerous drugs?
a. an authorized Peace Officer
b. an employee of the Texas State Board of Pharmacy
|
|
Definition
|
|
Term
Possession of Drug Paraphernalia is a ___________.
|
|
Definition
|
|
Term
Delivery of Drug Paraphernalia to a person under age 18, is a ________.
|
|
Definition
|
|
Term
Delivery of Drug Paraphernalia to a person 18 or older is a _______.
|
|
Definition
|
|
Term
Which of these is Not a “method of drug abuse”?
|
|
Definition
|
|
Term
Inhalant paraphernalia seized as a result of an offense is subject to _______. (HSC 485.037)
|
|
Definition
|
|
Term
The major classification of drugs included narcotics, depressants, stimulants and _______.
|
|
Definition
|
|
Term
“_________ means a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance.”
|
|
Definition
|
|
Term
A persons’ punishment for DWI can be enhanced by…
a. causing serious bodily injury to another
b. have an open container of alcoholic beverage in the vehicle
c. prior D.W.I. convictions
|
|
Definition
|
|
Term
A person found operating a motor vehicle in a public parking lot, but was intoxicated on drugs – not alcoholic beverage, can be charged with…
a. driving under the influence of drugs
b. driving while intoxicated
d. no offense, it wasn’t on a street or highway
|
|
Definition
b. driving while intoxicated
|
|
|
Term
The minimum jail time for 1st offense DWI is…
|
|
Definition
|
|
Term
Minimum jail time for 2nd offense DWI is…
|
|
Definition
|
|
Term
Minimum jail time for 3rd offense DWI is…
|
|
Definition
|
|
Term
Minimum jail time 1stoffense DWI where an open container of alcoholic beverage was found in the Defendant’s vehicle…
|
|
Definition
|
|
Term
A person found guilty of DWI causing serious bodily injury to another, with open containers of alcoholic beverages in the vehicle and it’s his 3rd offense…what is the minimum jail time?
|
|
Definition
|
|
Term
A person found guilty of DWI causing serious bodily injury to another, with open containers of alcoholic beverages in the vehicle and it’s his 3rd offense…what is the minimum jail time?
|
|
Definition
|
|
Term
Prior convictions can not be used for enhancements if they occurred more than _____ before this offense of DWI.
|
|
Definition
|
|
Term
Any minor under the age 17 may be arrested for traffic offenses, except their fine shall not exceed $________.
|
|
Definition
|
|
Term
Which of these is not a “watercraft”, for the offense of boating while intoxicated?
|
|
Definition
|
|
Term
Intoxication Assault is a ____________.
|
|
Definition
|
|
Term
Intoxication Manslaughter is a _____________.
|
|
Definition
|
|
Term
1st offense DWI without enhancement is a ______________.
|
|
Definition
|
|
Term
2nd offense DWI is a ______.
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3rd or subsequent DWI is a ______.
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“X” was water skiing while intoxicated, in a no boating area of the River. “X” is guilty of …
b. boating while intoxicated
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b. boating while intoxicated
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Minimum level blood alcohol content in Texas to prove intoxication…
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A 19 year old intoxicated driver refused to give a breath sample when arrested for DWI, his D.L. can be suspended for ______. (maximum)
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An intoxicated motorist voluntarily compiled with a peace officers request for breath sample upon a DWI arrest. The motorist was intoxicated and convicted of DWI. His D.L. will be suspended…
d. no suspension for cooperation
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A 23 year old operator was arrested for DWI but refused the breath test. His D.L. may be suspended for…
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Which of these is not a measurement for alcohol concentration?
a. 100 milliliters of blood
c. 67 milliliters of urine
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Not having the normal use of mental of physical faculties due to the introduction of alcohol or drugs into the body.
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Which of these is not a test for alcohol concentration?
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A person operates an amusement ride while intoxicated and a person is killed. This is …
b. intoxication manslaughter
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b. intoxication manslaughter
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A person refused to submit a specimen when arrested for DWI.His D.L. was taken by the arresting officer and he was given a temporary driving permit that is valid for _____ days.
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To be charged with DWI a person must be intoxicated, while operating a morto vehicle, _____.
c. on a public street or road
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A person, age 25, is sitting in his car with the motor running, on the shoulder of the highway, with an open beer.
c. possession of open container in motor vehicle
d. no offense (over age 21)
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c. possession of open container in motor vehicle
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Alcoholic beverage contains ________% alcohol.
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Definition
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Alcoholic beverage handled in violation of the Texas Alcoholic Beverage Code, is _________.
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Which of the below is not considered part of the premises, under TABC license?
a. grounds where the business is located
b. all buildings on the grounds
c. vehicles used by the business
d. all the above are “premises”
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Definition
d. all the above are “premises”
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Who’s responsibility is it to enforce the codes of the TABC?
a. enforcement agents of the TABC only
b. only State Agency Officers
c. all Texas Peace Officers
d. TABC agents and the Municipal Officers where the premises are found
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Definition
c. all Texas Peace Officers
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Term
In order to search a licensed or permitted establishment, a peace officer…
a. needs a search warrant at any time other than business hours
b. can only enter during regular posted business hours
d. may inspect the premises at any time without a warrant
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Definition
d. may inspect the premises at any time without a warrant
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Term
Which of the following may not be seized without a warrant?
b. vehicle used to transport illicit beverages
c. equipment used to manufacture illicit beverages
d. may seize all the above without a warrant
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Definition
d. may seize all the above without a warrant
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Term
“Officer Z observes Mr. X with an alcoholic beverage at a High School football game.Officer Z…
a. may arrest X for public intoxication
b. may arrest X for possession of intoxicants on public school grounds
c. shall seize the intoxicating beverage and deliver it to the county attorney or D.A.
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It is unlawful to consume an alcoholic beverage on a public street, alley or sidewalk within _______ feet of a public school.
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Which of the below is not an offense within 1000 feet of a public school?
a. possession of an alcoholic beverage
b. consumption of an alcoholic beverage
c. possession of an open container of alcoholic beverage
d. they’re all violations
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Definition
a. possession of an alcoholic beverage
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Term
“X” age 19, displays an “apparently valid Texas D.L.” that shows him to be 21, to the manager of a licensed establishment and was sold an alcoholic beverage. With offense has the seller committed?
a. sale of alcohol to a minor
c. purchase of alcohol by a minor
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“X” is age 20 and with her husband “Y” age 22, at a bar. X orders a beer with her husband and they are both consuming on premises when you (a peace officer) enter.What violations exist?
a. sale of alcohol to a minor (against the premises)
b. consumption of alcohol by a minor (against X)
c. furnishes alcohol to a minor (against Y)
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A minor that is operating a motor vehicle in a public place with a detectable amount of alcohol in the minors’ system, can be charged with…
b. driving under the influence of alcohol, by a minor
d. must be more than a detectable amount…(.08 or greater)
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Definition
b. driving under the influence of alcohol, by a minor
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Term
“X” age 18, presented a false I.D. to the bartender to try and buy a beer. The bartender refused and told the minor to leave… the undercover TABC agent present can arrest for…
a. attempt to purchase alcohol by a minor (against x)
b. attempted sale of alcohol to a minor (against bartender)
d. none of the above…no sale
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Definition
a. attempt to purchase alcohol by a minor (against x)
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Term
Which of the below situations is it legal for a minor to be in possession of alcoholic beverage?
a. in the course of the minors’ lawful employment
b. in the visible presence of the minors’ adult parent, spouse or guardian
c. under immediate supervision of a peace officer enforcing the TABC codes
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It is unlawful to carry a handgun onto a licensed premise that derives _____% or more of their income from the sale of alcoholic beverages, and do not hold a food & beverage certificate, if the premises has the required posted sign prohibiting the carrying of a handgun.
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A person licensed to carry a concealed handgun, commits a violation if he carries a handgun…
a. on any licensed TABC premises
b. on any “on-premise” consumption licensed establishment
c. on any “off-premise” licensed establishment
d. on any licensed establishment for “on premise consumption” and he’s not an employee
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Definition
d. on any licensed establishment for “on premise consumption” and he’s not an employee
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A security guard hired by a bar, may carry his handgun on the premises he’s hired to protect…
a. only if it’s concealed
b. only if he’s in uniform
c. only if the weapon is not concealed
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Which of the below is not a violation against a TABC licensed establishment?
a. no running water and separate toilets for both sexes
b. licensee consumed a beer on the premises during hours of business
c. licensee was intoxicated on premises
d. sold an alcoholic beverage to an intoxicated person
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Definition
b. licensee consumed a beer on the premises during hours of business
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Violations of the TABC code under a general penalty is a ________ punishable by a maximum fine and or jail time of…
a. felony / $1,000.00 and 1 year in jail
b. misdemeanor / $500.00 and 6 months in jail
c. misdemeanor / $1,000.00 and 1 year in jail
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Definition
c. misdemeanor / $1,000.00 and 1 year in jail
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In Texas a package liquor store may not operate before ________ or after ________.
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Mixed Beverage Permittee may sell mixed beverages between the hours of ________ but not on Sunday.
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