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- BLET NC State Exam Legal Unit
QUESTION ASSESSMENT Motor Vehicle Laws Block - ANSWER- What is an infraction? - ANSWEF-an infraction is a non criminal violation of law, not punishable by imprisonment but only by a monetary penalty. An officer may not arrest a person for an infraction but may only issue a cilation or oblain a criminal summons. sident violator compact? (NRVC) - ANSWER-The agreoment says that ifa driver from one member state is stopped in another member state, for an offense that does not What is the non-r require mandatory revocation of the person's drivers license, the law enforcement officer will not arrest the non member but will issue the nonresident a citation and allow the non resident to proceed on his/her own way. What is a motor vehicle? - ANSWER-A motor vehicle is every vehicle which is self propelled and every vchicle designed Lo run opon the highways which is pulled by a self propelled vehicle. (does not include mopeds)Also, vehicles designed to run upon the highways that are pulled by motor vehicles are themselves motor vehicles. What is a moped? - ANSWER_A moped is a vehicle with two or three whocls, no external shifting device, and a motor (which does not exceed 30 cubic centimeter piston displacement) that cannot propel the vehicle at more than 30mph on a level surface. What is a vehicle?- ANSWER-A vehicle is every device in, opon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks. BICYCLES ARE VEHICLES FOR THE PURPOSES OF THE CHAPTER. Mobile scook all vehicles but driver license law only applies to motor vehicles. ro nol vehicles. Many traffic laws apply Lo Define highway or street... - ANSWERHighway or street is defined as the entire width between property or right of way lines of every place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic.A sidewalk, ditch or oven shoulder of the ditch is considered part. of the highway for Lhe purposes of motor vehicle statutes. Driving a motor vehicle on sidewalks is prohibited. What isa PVA?- ANSWER-A PVA is a public vehicular area. Examples of PVAs aredrives, driveways, roads, roadways, streets, alleys or parking lots upon the grounds and premises of any HOSPITAL, COLLEGE, SCHOOL, CHURCH, PARKING LOT, GAS STATION, STORE, OFFICE BUILDING, FEDERAL PROPERTY Ages for Licensing - ANSWER-REGULAR A-18 B-18 C- 18yo0 CDL A-21 B-21 C-21 A person age 18 may obtain a CDL for intra-state operation only. What are the requirements for licensing? - ANSWEF-proper age must be mentally and physically able to safely drive a vehicle must know rules of road must pay fee s that includes a tractor that has a GVWR of at least 26.001 and a towed unit that has a towed unit of less than 10,001 pounds A combination of motor vehi Class C motor vehicle - ANSWER-A single motor vehicle not included in class BA combination of motor vehicles not included in class A or class B. combination of motor vehicles that have a GVWR of more than 10,000 pounds but less than 26,001.Under 16 passengers allowed and no hazmat. Limited Leamers Permit - ANSWER-15-under 18 must have permit in possession have driver licensed for 5 years in front seat) (parent. guardian ete... grandparents) for first 6 months only can drive dam-Spm after first sixth months may drive anytime no cell phone Limited Provisional License - ANSWER-16 to under 18 may drive any time with supervision may obtain license if limited learners permit was held for at least 12 months.may drive without supervision dam to $pm to and from work when going to volunteer fire job only 1 passenger under age 21 ifnot immediate family or whose primary residence is same as license holder. Full Provisional License - ANSWER-16 to under 18 Person must have had limited provisional license for at least 6 months. What are Limited Driving Privileges? - ANS WER<(LDP) are issued in court by a judge. DMV will suspend for 30 days the drivers license of any driver convicted of speeding more than 15 mph over the limit while also traveling in excess of 55mph or driving in excess of 80mph. Re lormination of a licens: vocations and Suspensions - ANSWER-Revoked and Suspended mean the same thing. -- The $ or permilec’s privilege Lo drive any vehicle. A person may lose their CMV but keep their regular license. What is a disqualification? - ANSWER-A disqualification is the taking away of the CDL and not revoking the right to obtain a regular drivers license.A revocation will result in the loss of a CDL and the right to obtain a regular lice: Who issues temporary plates? - ANSWER-Dealer they are valid for 30 days Examples are LSD, psilocybin mushrooms, mescaline, peyote, and ecstasy What is phencyclidine? (PCP) - ANSWER-PCP is in its own category Users may display reactions similar to hallucinogens, stimulants, and depressants. What is an inhalant? - ANSWER-There are three groups of inhalants: volatile solvents such as gas, paint, and glues aerosols are discharged from pressurized containers. Examples are hairsprays. deodorants ete... anesthetic gases kill pain and are used medically. Examples are ether, chloroform, and nitrous oxide What is cannabis? - ANSWEF-derived from the cannabis plant cannabis sativa and cannabis indica are the two main species Delta-$ THC is the active ingredient. Marijuana comes from the leaves of the plant and hash is produced by boiling the leaves into a semi solid mass. cannabis is one of the most widely used recreational drugs. Schedule Drugs - ANSWEF-Schedule I drugs are the most dangerous and the least dangerous drugs are classified as schedule VI. Schedule ]- ANSWER-1. high potential for abuse 2. no medical use 3. lack of safety for use under medical supervision heroin, LSD, mephedrone Schedule I- ANSWER-1. high potential for abuse 2. restricted medical use 3. severe psychological or physiological dependence Cocaine, PCP, Ritalin, Dilaudid, Morphine Schedule III - ANSWER-1. less abuse potential than schedule II. 2. current accepted medical value in U.S. 3. moderate or low physiological dependence with high psychological dependence. -hydrocodone, didrex, benzphetamine Schedule IV - ANSWER-1. less abuse potential than schedule III. 2. accepted medical value 3. limited psychological or physiological dependence. -valium, diazepam,talwin, synthetic cannabinoids, Narcotic use indicators - ANSWER-pin-point pupils, scratching, loss of appe complexion, needle marks, Depressant use indicators - ANSWER-slurred/thick speech, drowsiness, confusion, nystagmus Elements Of Criminal Law Block - ANSWER- Crimes are divided into - ANSWER. Specific intent to commit a criminal act and the intended result 2. General intent to do an act which is defined as criminal "Mens Rea” - ANSWER-Known as the guilty mind State of Mind - ANSWER-Knowingly, Willfully, Wantonly, Maliciously, Criminal Negligence, and Strict Liability Knowingly - ANSWERMay he subjective knowledge, objective knowledge or willful blindness Willfully - ANSWER-Wrongful act done without legal excuse or justification, or the commission ofan act purposefully and deliberately in violation of law Wantonly - ANSWER-Conscious and intentional disregard of and indifference to the rights and safety of other; this state of mind is essentially the same as “willfully” Maliciously - ANSWER-Three acts are necessary: (1) done with hatred or spite (2) inherently dangerous to human life (3) done intentionally and without justification Criminal Negligence - ANSWEF-Recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others Strict Liability - ANSWERNo guilty mind is necessary; the defendant committed the prohibited act and is therefore, guilty G.S. 15-1 - ANSWER-A general statue that states the statue of limitations Statue of limitations is also referred to as a- ANSWER Bars to prosecution What is the statue of limitations for a misdemeanor crime? - ANSWER-A two year limitation What is the statue of limitation for a felony? - ANSWERNone Bars to prosecution - ANSWER) Self Defense (2) Lack of blameworthiness (Insanity, entrapment} (3) Failure of proof or “negating” defenses such as accident, mistake or diminished capacity Principle - ANSWER-Persons committing the entire crime, acting indirectly or acting in concert Chapter 90:- ANSWER-Drug Offenses Juvenile Laws & Procedures Block - ANSWER- Parens Patriae - ANSWEF-allows the state to become the substitute parent to protect the child and provide for the child’s needs. Abused Juvenile defined as - ANSWER-Any juvenile less than 18 years of age whose parent/guardian/caretaker: inflicts or allows to be inflicted serious physical injury, commits, permits, or encourages the commission of a sexual crime. Creates or allows to be created serious emotional damage. Encourages , directs, or approves of delinquent acts involving moral turpitude. Dependent juvenile - ANSWERa juvenile in need of assistance or placement because the Juvenile has no parent, guardian, or custodian Neglected Juvenile - ANSWER-A juvenile who docs not receive propor care, supervision, or discipline from a parent, guardian, custodian, or caretaker; or who has been abandoned, or has not been provided necessary medical care. Three Quanta of Proof - ANSWER-1. Preponderance of evidence. 2. Clear and convincing evidence. 3. Beyond a reasonable doubt. Emancipated Minor - ANSWER-Age 16-17 where you declar guardian and are considered an adult, and can reasonably prove you are independent. yourself independent of a Every person has a legal duty to- ANSWER-report facts which lead the person to suspect that. a Juvenile is abused, neglected, or dependent, or has died as a result of maltreatment. DSS must notify the SBI of a report of child sexual abuse at a daycare facility or home within - ANSWER-24 hours or the next work day Tt is legal to abandon an infant to an appropriate person/agency within - ANSWER-7 days of the infant’s life. Ifthe Director of a DSS enforcement and the DSS must coordinate a criminal invesligalion within - ANSWER48 hours ‘oncy finds ovidence thal. a juvenile may have been abused, law after receipt of the information from DSS. Misdemeanor Child abuse - ANSWER-Parent of a child less than 16 years of age who creates or allows physical injury, or commits/allows lewd conduct or indecent liberties. Felony Child abuse - ANSWER-Parent/person in care of child less than 16 years old who, intentionally inflicts serious bodily injury, serious physical injury, commits/permits prostitution, commits/permits sexual acts upon a juvenile. Undisciplined Juvenile - ANSWER-A juv unlawfully absent from school, regularly disobedient to parent/guardian, runs away from home ile between less than 16 and older than 6 who is for more than 24 hours Law Enforcement working with Protective Services Professionals - ANSWEF-Works hand in hand with medical services court and DSS in attempt to address all of juvenile needs. Also provides security to DSS officials. Custody Hearing - ANSWER-Within 4 calendar days for Secure Custody;and 7 calendar days for Nonsecure Custody. Law Enforcement must do this once they receive a missing child report from parent/guardian - ANSWEF-cnter the report inlo federal NCIC missing persons file database. Petitions must. conlain - ANSWEF-the name, date of birth, address of the juvenile and the address of the juvenile’s parent. It should contain facts which invoke jurisdiction as well as a statement of facts which support every element of the offense. It does NOT authorize taking physical custody of the juvenile. A district court judge may issue - ANSWEF-secure and nonsecure custody orders A Secure Custody Order is similar to a- ANSWER-warrant for arrest in the Adult realm Parents must receive a copy of the order for custody. A juvenile 14, 15, 16, or 17 - ANSWER-can waive their Miranda rights with a v an interrogation tten waiver for A juvenile under 14 - ANSWER-cannot waive their Miranda rights for an interrogation, parents must be notified/present. Arrest, Search, & Seizure Block - ANSWER. the three sources of law - ANSWER-Constitutional Law Statutory Law Common Law Constitutional Law - ANSWER-Constitutional law is the supreme law of the land. All other laws must comply with the basic constitutional provisions. Statutory Law - ANSWEF-Written laws enacted by the legislative branches of the state or federal governments arc called statutes. Common Law - ANSWER-This source of law refers to the rules and principles from judicial decisions in areas of law where the legislatures have no written statues. Common law is frequently referred to as case law. Two categories of jurisdiction: - ANSWER-Territorial and Subject Matter Territorial - ANSWER-An officer can either have statewide, local, immediate and continuous pursuit, and investigation of an implied-consent offense (happened in jurisdiction, officer can investigate in or out of state for evidence and can make arrests at any place in the state). Explain an officer's role in requesting an issuance of criminal process. - ANSWEF-Officers usually appear before the magistrate to present under oath the facts which justify the issuance of the warrant or other process. The magistrate has to make an independent judgment to whether or not there is probably cause to issue the warrant the officer is requesting. Voluntary contact - ANSWER-This type of encounter is useful in conducting a non-custodial interview wilh a person. An officer can simply request Lo speak with the person. Invesligalive detention - ANSWER-The olficer has detained the person for a short poriod of time to investigate a possible crime or gather more information to warrant probable cause. The officer must be able to provide reasonable suspicion to detain a person. Arrest - ANSWER-An arres therefore more proof is required to justify an arres is amore intrusive seizure on a citizen’s liberty than detention: t (probable cause). Identify the statutory requirements of an arrest with a warrant. - ANSWEF-Valid throughout the state Issued and signed by a judicial official Names or describes defendant States the offense Must be retumed after 180 days if not served, but still valid after that Determine the appropriate level of force when given fact scenarios involving deadly and non- deadly force situations. - ANSWEF-To defend himself or third person from what he reasonably believes Lo be the use or imminent use of deadly physical forec. To prevent the escape of a suspect from custody who he reasonably believes is attempting to escape by using a deadly weapon. To effect an arrest or prevent an escape from custody of a person who, by his conduct or any that he pr apprehended without delay. other means, indicat nts an imminent threat of death or serious physical injury to olhers unless To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony. State the scope of a lawful warrantless search - ANSWER-Conducting a consent search of persons, premises, or vehicles. The scope of the scarch depends on the Lerms of the consent given to the officers. A person giving consent may also limit that consent in any manner, including limiting the duration, location, and scope of the search. A search based on exigent circumstances - ANSWER-Officers may make a warrantless search when there are exigent circumstances. Exigent circumstances exist when there is BOTH 1.PROBABLE CAUSE TO SEARCH AND 2. a likelihood that absent immediate action officers could be endangered or evidence could either be destroyed or removed from the jurisdiction. Aplain view seizure - ANSWER-The officers are lawfully in a position from which they view an object; and The incriminating character of the object is immediately apparent (Le., they have probable cause); and The officers have a lawful right of access to the object.
