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41 Cards in this Set
- Front
- Back
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How long is the landlord required to hold property if they are notified? |
30 days |
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What is a permanent injunction? |
Granted only after a hearing of the case and is subject to modification. |
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What is a preliminary injunction? |
Preventive, maintains the status quo until all rights are established. |
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How long does the tenant have to notify landlord they have intent to retrieve property? |
Ten days |
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What is an injunction? |
Order or decree in the law of equity requiring a defendant to refrain from doing a given action, officers may be called upon to enforce injunctions. |
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What is the main reason for landlord/tenant complaint? |
Non-payment of rent. |
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What cannot be in this levy? |
Clothes, bibles, school books, sewing machines, military uniforms and equipment. |
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What is an order of execution? |
A levy made on tangible nonperishable personal property of the defendant to satisfy judgment. |
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If they do not pay in the thirty days what happens? |
A judgment lien will be ordered effective for five years, also order of execution may be ordered. |
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After the thirty days how long do they have to pay? |
30 days |
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If the defendant loses the case how long do they have to appeal? |
30 days |
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How long does and MDJ have to make a decision on a civil case? |
5 days |
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What is intentional tort? |
Civil wrong from intentional conduct, but damage wasn’t intended, EX-fishing story with the dynamite where the guys hand gets blown off. |
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Civil court only needs what to prove who wins? |
Preponderance of the evidence |
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MDJ does civil suits up to how much money? |
$12,000 |
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What is the statute of limitations for a civil lawsuit? |
2 years |
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What are the five rules of a narrative police report? |
a)First person b)past tense c)active voice d)chronological order e)short clear concise and concrete words |
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Field notes become... |
Reports, only what you write is what will be in the report. |
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Basic interrogations should ask what? |
Who, what, where, when, why and how |
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A good report should be... |
Factual, accurate, clear, concise, complete and timely. |
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When is an event specific report used? |
For specialty crimes (child abuse, computer crimes,swat callouts, drug buys) |
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When do you have to do a crash report? |
If there is an injury or car cannot be driven from scene. |
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What goes on an arrest report? |
a)Arrestee’s full name b)aliases c)nicknames d)spouse e)emergency family contacts f)employment g)education h)medical conditions i)physical description j)details of the arrest k)criminal charges |
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What goes on a crime report? |
a)Records facts b)identify witnesses victims complainants c)include statements d)record officer’s observations e)document physical evidence f)identify and value stolen/damaged property g)records types of injury |
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Representing that minor is of age is what kind of offense? |
M3, third person of offense, when you say yeah this guy is 21 man give him a shot. |
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Misrepresentation of age to try to secure liquor or beer is what kind of offense? |
Summary, second or more is an M3. First person offense. |
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Carry a false ID is what kind of offense? |
Summary |
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What are the types of reports? |
a)Crime/incident b)arrest c)crash d)event specific e)administrative |
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What are reports used for? |
Source documents for filing charges, trial preparation, aid other agencies, forms basis of crime analysis and crime trends, establish police department beat configurations. |
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What is a report? |
Written document, prepared by a police officer, that records, in detail, that officer’s OBSERVATION< AND ACTIONS as they relate to a specific even or incident, including ALL ELEMENTS OF THE CRIME. |
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What is the primary purpose of reports? |
Create a permanent record of law enforcement actions taken during the investigation of crimes or incidents, knowledge and memory aid, protect officer from civil suits. |
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Why are police reports important? |
Process of field reporting is the record of what we do, police reports become the collective memory of the police department. |
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Exception to Miranda? |
In very limited situations, when public safety far out weights the individual self incrimination right to an attorney, Miranda warnings do not apply. EX-armed robbery happens, catch the guy but no gun is found after he ran through a schoolyard, Miranda does not apply in asking where the gun is. |
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To satisfy the requirements of Miranda, what must occur? |
Actual advisement of constitutional rights by the police, and voluntary waiver of those rights by suspect to the police. |
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When does Miranda apply? |
When in custody and incriminating questions are asked. |
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What is behavior analysis? |
Study of human verbal and physical reaction during interview and interrogation. Interpreting behavior is an art not an exact science. |
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Miranda does not protect against |
Evidence collection, EX-dui they cannot have a lawyer before getting blood drawn or breath test. |
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What is an interrogation? |
Formal questioning of a person suspected of a crime by a police officer. Purpose is not for a confession but rather for the truth. |
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What is an interview? |
Purposeful conversation between police officer and another person. Officer attempts to gather information by asking questions about a specific crime. |
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What is a confession? |
A statement made by the suspect that acknowledges them to be guilty of the offense charged and discloses the circumstances and details of the act. |
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What is an admission? |
Any act or statement made by the suspect that tends to prove guilt. |
