Shared Flashcard Set

Details

TCLEOSE Test Study
Example test questions (201-300)
100
Law
Not Applicable
09/28/2010

Additional Law Flashcards

 


 

Cards

Term

The investigating officer need only get witness statements to investigate an accident, as there is no need to search for evidence.

A. True
B. False
Definition
B. False
Term

The objective of taking measurements at an accident scene is to relocate the position of certain items at a later time.

A. True
B. False
Definition
A. True
Term

The investigator of a traffic accident should put his opinion on all paperwork during an investigation.

A. True
B. False
Definition
B. False
Term

Speed computations from skid marks show the vehicle's ________.

A. Maximum speed
B. Minimum speed
C. Average speed
D. Are unreliable and should not be used in accident investigations
Definition
B. Minimum speed
Term

The driver of a vehicle involved in an accident not investigated by a law enforcement officer which results in the injury or death of an individual, or more than $500 damage to property, must report such accident to the Department of Public Safety within:

A. 24 Hours
B. 5 Days
C. 10 Days
D. 30 Days
Definition
C. 10 Days
Term

It is not important to note the operating status of any traffic control device during a traffic accident investigation. [3.15.3 (I)]

A. True
B. False
Definition
B. False
Term

One reason for recording the angle of line-of-sight of vehicles is that it can be used to prove or disprove driver's statements. [3.15.3 (G)]

A. True
B. False
Definition
A. True
Term

It is not necessary to note road conditions when investigating an accident scene. [3.15.3 (H)]

A. True
B. False
Definition
B. False
Term

When using a whistle to stop traffic, the officer should use how many blast(s) of the whistle?

A. One long
B. Two short
C. Three short
D. Four long
Definition
A. One long
Term

The type of vehicular circulation that is given priority right-of-way is:

A. the heaviest flow of traffic
B. trucks and buses
C. emergency vehicles
D. none of the above
Definition
C. emergency vehicles
Term

The County Court could receive appeals from persons who had previously had their case tried in the __________?

A. Supreme Court
B. District Court
C. Justice of the Peace
D. Community
Definition
C. Justice of the Peace
Term

The Act of Sexual Harassment is best described in the Texas Penal Code as:

A. Abuse of Official Capacity
B. Official Oppression
C. A nuisance to employees
D. A lack of respect for women
Definition
B. Official Oppression
Term

The maximum dollar amount of jurisdiction for a Justice Court in a Civil Case would be:

A. $750.00
B. $1000.00
C. $5000.00
D. $100.00
Definition
C. $5000.00
Term

We can always state that the proper court to hear the complaints of a Divorce would be:

A. Justice Court
B. County Court
C. District Court
D. Court of Criminal Appeals
Definition
C. District Court
Term

A citizen has ask you to advise them of which court would always conduct proceedings concerning child custody. The proper court would be:

A. District Court
B. Justice Court
C. Court of Criminal Appeals
D. County court
Definition
A. District Court
Term

There is a Lawsuit to Contest an election of a political figure. The proper court jurisdiction will be in the __________ Court.

A. District
B. County
C. Justice of the Peace
D. County Commissioner
Definition
A. District
Term

The term "WRIT" as used by the Civil Courts is best described as: A written order directed to the Sheriff/Constable to perform some act on behalf of the Court and give them the authority to perform that act.

A. True
B. False
Definition
A. True
Term

A Subpoena Duces Tecum is a subpoena to a witness that directs them to:

A. Remain on standby at home
B. Report to the Court, but will not testify
C. Pay the Court Cost of the Suit
D. To come to court as a witness and bring some physical evidence with them
Definition
D. To come to court as a witness and bring some physical evidence with them
Term

The term Separate Property would best be described as the property of:

A. A corporation
B. A single adult
C. A family
D. a plaintiff's attorney
Definition
B. A single adult
Term

Our land with all improvements is known as REAL PROPERTY. We could then state that all our other property would be known as:

A. Corporation Property
B. State Property
C. Personal Property
D. Income Property
Definition
C. Personal Property
Term

A Writ of Sequestration would correctly order the Sheriff/Constable to:

A. Seize certain personal property from the Defendant and hold awaiting further orders of the Court
B. Sell certain personal property
C. Seize certain personal property from the defendant and allow the defendant or the plaintiff to REPLEVY the property
D. A and C are the correct answers
Definition
D. A and C are the correct answers
Term

A Forcible Entry and Detainer lawsuit is the responsibility of the Justice of the Peace Court in the precinct where the property is located.

A. True
B. False
Definition
A. True
Term

A Writ of Possession has been directed to the Sheriff/Constable to restore the premises to the Landlord. The Sheriff/Constable may now:

A. Set all the property outside while it is raining
B. Give the tenants ample time to move after serving the notice
C. Have a Warehouseman move and store the property of the tenant
D. B & C are both correct
Definition
D. B & C are both correct
Term

A victim of Family Violence is seeking relief and protection. She asks you which of the following court documents will give her long term protection and a penal violation for disobedience of the order. You shall select ___________ as the best for her needs.

A. Citation
B. Injunction (Temporary Restraining Order)
C. Protective Order
D. Ex-Parted Protective Order
Definition
C. Protective Order
Term

The ___________ has the responsibility for removing ESTRAYS from the public roadway:

A. Sheriff
B. Constable
C. County Commissioner
D. Court Bailiff
Definition
A. Sheriff
Term

A Magistrate's Order for emergency protection is available to the victim of Family Violence after arrest of the suspect. It is valid for a period of ___ days after issue.

A. 365
B. 90
C. 210
D. 31
Definition
D. 31
Term

A Citation if the First Legal Notice of a lawsuit. That is the reason that a Citation cannot legally be served on a ______?

A. Legal Holiday
B. Saturday or Sunday
C. Sunday
D. National Holiday
Definition
C. Sunday
Term

Sheriffs and Constables are also known as:

A. Peace Officers
B. Elected Officials
C. All Males
D. A & B are correct
Definition
D. A & B are correct
Term

You may distinguish a Criminal Law from a Civil Law by finding that Criminal Laws have a punishment described in the:

A. Rules of Court
B. Family Court
C. Penal Court
D. Property Court
Definition
C. Penal Court
Term

Some acceptable methods of serving a defendant with a Citation and the Petition are ______ ?

A. In person
B. Registered/Certified Mail
C. By publication in a local newspaper
D. All of the above
Definition
D. All of the above
Term

A ____________ is any drug or device that is not included in schedules I thru V of the Texas Controlled Substance Act and that is unsafe for self-medication.

A. Dangerous drug
B. Amphetamine
C. Barbiturate
D. Controlled substance
Definition
A. Dangerous drug
Term

The penalty for the manufacture or delivery of a dangerous drug is a ____________.

A. state jail felony
B. 3rd degree felony
C. 2nd degree felony
D. capitol felony
Definition
A. state jail felony
Term

It is a ____________ to sell drug paraphernalia to a person younger than 18 years of age and who is at least 3 years younger than the actor.

A. state jail felony
B. 3rd degree felony
C. 2nd degree felony
D. capitol felony
Definition
A. state jail felony
Term

If you discover a laboratory, you should handle it yourself and remove it before calling for assistance.

A. True
B. False
Definition
B. False
Term

In the Texas Health and Safety code, to deliver a Dangerous Drug includes:

A. to sell
B. dispense or give away
C. supply in any other way
D. all of the above
E. none of the above
Definition
D. all of the above
Term

Which of the following is a common symptom of abuse of a drug

A. redness to the inside of the hands and bloodshot eyes
B. nausea, vomiting, and diarrhea
C. skin rash and loss of hair
D. there are no physical symptoms of an abuser
Definition
B. nausea, vomiting, and diarrhea
Term

It is a defense to prosecution if a person, who is not authorized by law to, manufacture an illegal drug and the sole intent of manufacture was for personal consumption

A. True
B. False
Definition
B. False
Term

The most commonly abused illegal substance is:

A. heroin
B. marijuana
C. cocaine
D. opium
Definition
C. cocaine
Term

Delivery of marijuana is punishable as a state jail felony if the amount delivered is ______ or less but more than _____.

A. 2,000/50
B. 50/5
C. 5/one-fourth
D. there is no minimum or maximum amount
Definition
C. 5/one-fourth
Term

Which of the following statements is true concerning the offense of Possession of Marihuana?

A. it must be a usable quantity of marihuana
B. the offense is considered moral turpitude if it falls under the penalty range of a state jail felony or misdemeanor
C. it is a state jail felony if you possess more than 2,000 pounds of marihuana
D. seeds are considered a usable quantity for purposes of possession
Definition
A. it must be a usable quantity of marihuana
Term

A license or permit is valid for a period of ___________ from the date issued.

A. 2 years
B. 1 year
C. 6 months
D. 5 years
Definition
B. 1 year
Term

A minor, as defined by the Texas Alcoholic Beverage Code, is a person under _______ years of age.

A. 14
B. 17
C. 19
D. 21
Definition
D. 21
Term

Possession of more than _________ of liquor in a dry area is prima facie evidence that it is possessed with intent to sell.

A. a gallon
B. one-half gallon
C. a quart
D. a pint
Definition
C. a quart
Term

A law enforcement officer may take possession of a child without a court order under any circumstances.

A. True
B. False
Definition
B. False
Term

Child means a person who is ______years of age or older and under ______years of age.

A. 5, l2
B. l4, 2l
C. l0, l7
D. l5, 2l
Definition
C. l0, l7
Term

Delinquent Conduct is conduct, including traffic offenses, that violates the Penal Laws of this State.

A. True
B. False
Definition
B. False
Term

A child may be held in a jail with adults arrested for or charged with a crime if no separate juvenile facility is available.

A. True
B. False
Definition
B. False
Term

A child can be detained in which of the following areas:

A. in a jail with adults
B. a holding facility with adults
C. a holding area certified by the Texas Juvenile Probation Commission
D. none of the above
Definition
C. a holding area certified by the Texas Juvenile Probation Commission
Term

A child may be taken into custody by a probation officer if reasonable grounds exist for him to believe the child has violated a condition of probation.

A. True
B. False
Definition
A. True
Term

The warning notice for a child must identify:

A. The child
B. His alleged conduct
C. All of the above
D. None of the above
Definition
C. All of the above
Term

Title 3 Delinquent Children and Children in Need of Supervision The Family Code) was enacted for the following purpose:

A. To allow parents to discipline their children
B. Control the Commission of unlawful acts by children
C. Require mandatory attendance at public schools
D. None of the above
Definition
B. Control the Commission of unlawful acts by children
Term

__________ required to report child abuse.

A. Only peace officers are
B. Representatives of the Texas Dept. of Human Resources or Juvenile Probation officers are
C. Both A & B are
D. Persons having cause to believe child abuse is, or has, occurred are
Definition
D. Persons having cause to believe child abuse is, or has, occurred are
Term

Persons reporting child abuse pursuant to Chapter 34 of the Family Code are:

A. Not immune from civil liability
B. Immune from all civil liability
C. Immune from civil liability that might otherwise be incurred or imposed, unless they are reporting in bad faith or malice
D. Partially immune from any civil liability
Definition
C. Immune from civil liability that might otherwise be incurred or imposed, unless they are reporting in bad faith or malice
Term

Which of the following may take possession of a child without a court order (assuming the conditions necessary for such are there)?

A. A peace officer
B. A representative of the Department of Human Resources
C. A juvenile probation officer
D. All of the above may do so
Definition
D. All of the above may do so
Term

Which of the following statements is not true?

A. a significant number of U.S. workers abuse alcohol and drugs
B. workers abuse alcohol and drugs on and off the job
C. alcohol and drug abuse endangers the health and safety of workers, coworkers, and the public
D. law enforcement is immune to alcohol and drug abuse
Definition
D. law enforcement is immune to alcohol and drug abuse
Term

Alcohol and drug abuse has had the following effect on law enforcement:

A. reduced job performance
B. absenteeism
C. abuse of sick leave
D. all of the above
Definition
D. all of the above
Term

Which of the following is not one of the four (4) common forms of reports? [3.16.4]

A. Incident
B. Offense
C. Supplemental
D. Statistical Data
Definition
D. Statistical Data
Term

Notes in the field should contain only police related information. [3.16.1]

A. True
B. False
Definition
A. True
Term

Name and address are the only complainant information needed for a police report. [3.16.3 (A)]

A. True
B. False
Definition
B. False
Term

When taking notes you should alternate between __________ [3.16.3 (B)]

A. Listening & writing
B. Sentences & paragraphs
C. Radio messages & the complainant
D. All of the above
Definition
A. Listening & writing
Term

Accuracy is an essential characteristic of good report writing. [3.16.4 (B)]

A. True
B. False
Definition
A. True
Term

Which of the following is the most common type of resistance encountered by law enforcement officers?

A. passive resistance
B. hit/kicked
C. weapon
D. pull away
Definition
D. pull away
Term

Which of the following moral considerations or forces is most likely to have the greatest influence on an officers' decision to use deadly force?

A. the law (both statutory and case)
B. the informal organization
C. departmental policy
D. the individual's conscience
Definition
D. the individual's conscience
Term

Which of the following statements is true concerning the psychological aspects of the use of force?

A. The police role is primarily offensive in nature in a physical arrest.
B. Self-control results from confidence in one's skills through practice and training.
C. Control is a "one-way street" where only the suspect needs to be controlled.
D. The officer being in control of his emotions has no influence on his ability to control a suspect.
Definition
B. Self-control results from confidence in one's skills through practice and training
Term

Which of the following is not a true statement concerning a professional police officers use of force?

A. know when to move from words to force
B. know when to return to words once a threat is over
C. have the ability to evaluate personnel performance
D. none of the above; all are true statements
Definition
D. none of the above; all are true statements
Term

Which of the following is the most common type of resistance encountered by law enforcement officers?

A. passive resistance
B. hitting/kicking
C. weapon
D. pulling away
Definition
D. pulling away
Term

Which of the following moral considerations or forces is most likely to have the greatest influence on an officer's decision to use deadly force?

A. the law (both statutory and case)
B. the informal organization
C. departmental policy
D. the individual's conscience and values
Definition
D. the individual's conscience and values
Term

The Texas Disaster Act requires that all requests for assistance be channeled through the proper civil authority to the ____________ via the _____________.

A. Mayor/Police Department
B. Governor/Department of Public Safety
C. City Council/Chief of Police
D. President/Sheriff
Definition
B. Governor/Department of Public Safety
Term

Which of the following is important to problem solving?

A. it is an important element of professionalism
B. it distinguishes you from a functional bureaucrat
C. both of the above are important to problem solving
Definition
C. both of the above are important to problem solving
Term

Which of the following is not a reason for errors in reasoning?

A. sloppy and inaccurate information collection
B. using a systematic step-by-step approach to the problem
C. failing to spell out relationships fully
D. not observing and using all relevant facts of a problem
Definition
B. using a systematic step-by-step approach to the problem
Term

____________________ is an organized and relatively unchanging combination of a person's knowledge and feelings about someone or something that influences him to behave in a certain way in regard to that person or things.

A. Prejudice
B. Role
C. Attitude
D. Conviction
Definition
C. Attitude
Term

____________________ refers to those negative attitudes developed by the mistake of judging another person by his appearance, age, race, religion, nationality, etc.; by rumors or by the actions of other individuals of the same group.

A. Bigotry
B. Human Relations
C. Prejudice
D. Attitude
Definition
C. Prejudice
Term

Which of the following is NOT correct?

A. People are influenced by abundant prejudices
B. Peace Officers should be impartial authorities
C. Peace Officers are the product of the same social experience as everybody else
D. Prejudice is not based on religion
Definition
D. Prejudice is not based on religion
Term

Which of the following is NOT an attitude or feeling usually harbored by a prejudice person?

A. Propriety claims
B. Fear
C. Minorities are people too
D. Feeling of superiority
Definition
C. Minorities are people too
Term

A police officer should let his private attitudes influence his official decisions.

A. True
B. False
Definition
B. False
Term

The act of regarding one's culture as the center of the universe is known as;

A. discrimination
B. prejudice
C. ethnocentrism
D. ethnicity
Definition
C. ethnocentrism
Term

______________ have some kind of prejudice.

A. Only peace officers
B. Only certain ethnic groups
C. Only white individuals
D. All of us
Definition
D. All of us
Term

The function of prejudice that provides an outlet for projecting one's tensions and frustrations onto other people.

A. scapegoat
B. projection
C. ethnocentrism
D. societal strain
Definition
B. projection
Term

Which of the following statements is not true concerning the historical development of the police models or styles of the 1900 - 1940's era.

A. Law enforcement officers were usually known by the citizens in the areas in which they worked
B. the assignment of officers from walking beats to motorized (radio) units brought the officers and community closer together
C. there was no real quality evaluation of services thru this period
D. automobiles allowed a more rapid response to calls for service
Definition
B. the assignment of officers from walking beats to motorized (radio) units brought the officers and community closer together
Term

Which of the following statements is true concerning the historical development of police models or styles of the l950 - 1970's era. (2.1.1)

A. the patrol system became a pro-active rather than incident driven approach for police response
B. the professional model, with its emphasis on accountability and standards, developed and became the dominant style of policing
C. the use of automobiles had little or no affect on response to calls for service
D. the emphasis on follow-up activities shifted from specialized units to patrol
Definition
B. the professional model, with its emphasis on accountability and standards, developed and became the dominant style of policing
Term

of the following is not one of the objectives of patrol?

A. to preserve the peace
B. to suppress crime by timely response
C. to apprehend suspects
D. to regulate non-criminal conduct through good officer-citizen relationships.
E. all of the above are objectives of patrol
Definition
E. all of the above are objectives of patrol
Term

Which of the following is not a true statement concerning the various hazards encountered while on patrol?

A. back-up units should secure their headlights, overheads, etc. so as not to silhouette other officers
B. you should attempt to select your location for a vehicle stop to reduce or prevent silhouetting
C. Officers should peer through open windows or stand in doorways to see potential threats
D. hold your flashlight in front of and away from your body
Definition
C. Officers should peer through open windows or stand in doorways to see potential threats
Term

Which of the following statements is not true concerning the distinctive sounds of a police officer and his location?

A. your keys, baton, and other equipment on your belt might alert someone to your presence
B. you should not park to close to a scene to minimize the engine noise
C. slamming your unit door can alert someone
D. you should turn all radios off in order to eliminate that source of noise
Definition
D. you should turn all radios off in order to eliminate that source of noise
Term

If a suspect has his hands in his pockets, you should:

A. have him remove them
B. not allow him to remove them
C. find cover and do a felony suspect take down
D. do nothing - it does not make any difference
Definition
B. not allow him to remove them
Term

Which of the following is not true concerning one-officer patrol?

A. one-officer alone takes more chances
B. preventive enforcement is doubled by having twice as many vehicles on patrol
C. one-officer devotes more attention to patrol functions
D. an officer alone develops self-reliance
Definition
A. one-officer alone takes more chances
Term

Which of the following is not a true statement concerning two-officer patrol?

A. one can operate the radio while the other drives
B. provides less of a safety factor due to lack of attention
C. it can be used as a training aid to correct officers mistakes
D. they can share driving duties
Definition
B. provides less of a safety factor due to lack of attention
Term

The Field Interview is not used:

A. to learn about people
B. as a good source for information
C. to determine which patrol make (or type) to use
Definition
C. to determine which patrol make (or type) to use
Term

Which of the following is not a formal method used by law enforcement agencies to enhance public service?

A. questionnaire's
B. non-punitive interactions with the public (talking to people)
C. medical solicitation
D. prepared questions when addressing civic groups
Definition
B. non-punitive interactions with the public (talking to people)
Term

Remarks made by the officer should be in the form of a statement rather than a question.

A. True
B. False
Definition
A. True
Term

An officer should practice the technique of refraining from using the word _______ during the violator interview.

A. I
B. You
C. We
D. Us
Definition
A. I

 

Term

In order to create a real expression of friendliness, the officer should give the subject a reason to feel sorry for giving him the citation.

A. True
B. False
Definition
B. False
Term

Which of the following is not one of the basic elements or types of responses exhibited by victims of crime?

A. fear
B. violation
C. denial
D. hope
Definition
D. hope
Term

Which of the following is NOT one of the stages of grief that victims experience?

A. shock
B. guilt
C. vulnerability
D. depression or loneliness
Definition
C. vulnerability
Term

In discussing how intensely a victim reacts to an incident, which of the following would NOT be a factor?

A. the victim and his/her background (age, gender, etc.)
B. the culture of the victim
C. the type of crime
D. whether the response of the police was timely
Definition
D. whether the response of the police was timely
Term

Family violence is a crime and should be treated as one. When probable cause is present, the officer's role is to:

A. not make an arrest if the victim spouse asks the officer not to do so
B. attempt mediation to try to calm the situation so arrest is not necessary
C. ask that one party leave for the night so potential conflict is reduced
D. make the arrest
Definition
D. make the arrest
Term

Family violence statistics indicate that:

A. wife beating usually only results in minor injuries not requiring medical treatment
B. about one-third (30%) of murdered women are killed by their husbands or boyfriends
C. victims leave an average of six times before they leave for good
D. in approximately two-thirds (60%) of homes with spouse abuse, children are beaten as well
E. answers b, c, and d are all correct
Definition
E. answers b, c, and d are all correct
Term

Which of the following is true?

A. violent incidents generally only occur once
B. batterers probably grew up in homes where they were abused or witnessed abuse
C. the parties eventually work things out and the violence disappears over time
D. after a violent incident, batterers usually blame themselves
Definition
B. batterers probably grew up in homes where they were abused or witnessed abuse
Term

When an assault occurs without negative consequences for the batterer, he:

A. eventually surrender himself to local authorities
B. usually sees he has a behavioral problem and seeks help
C. realizes that in Texas the law permits a husband to discipline a wife with unruly behavior
D. finds it easy to deny to himself and others that he did anything wrong
Definition
D. finds it easy to deny to himself and others that he did anything wrong
Term

A mentally retarded person may sometimes be recognized by:

A. Physical impairment
B. Inappropriate clothing
C. Slowness in speech or slurred speech
D. All of the above
E. None of the above
Definition
D. All of the above
Term

The mentally retarded are always mentally ill.

A. True
B. False
Definition
B. False
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