1.
Which of the following are considered peace officers in the state of Texas?
A.
law enforcement officers commissioned by the Parks and Wildlife Commission
B.
law enforcement agents of the Texas Alcoholic Beverage
C.
investigators of the district attorneys', criminal district attorneys' and county attorneys' officers
D.
all of the above
2.
The _____ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
A.
county
B.
district
C.
municipal
D.
juvenile
6.3.5
3.
A deputy is given a Citation to execute. The first thing he should do is:
A.
execute it within 48 hours
B.
execute it within 72 hours
C.
execute it within a reasonable time then attach an endorsement concerning the date and time it was received
D.
endorse the date and time it was received
10.3.1
4.
Which of the following is not a requirement of a Citation?
A.
the rank of the officer executing it
B.
the date of filing
C.
a copy a plaintiff's petition
D.
it must be signed and sealed as required
10.2.1
5.
An order from a court requiring a named person to be taken into custody and brought before the court is called a:
A.
Writ of Execution
B.
Notice to Appear
C.
Precept Order
D.
Writ of Attachment for Persons
10.3.2
6.
A court order commanding the appearance of a person as a witness to testify on behalf of a person who is party to a suit is called a :
A.
Notice to Appear
B.
Citation
C.
Subpoena
D.
Writ of Sequestration
10.3.2
7.
A court judgement requiring a defendant to compensate a plaintiff for a wrong done to the plaintiff is known as a ____ judgement.
A.
civil
B.
restitution
C.
criminal
D.
litigation
10.2.2
8.
Civil law regulates conduct through the award of monetary compensation and _____.
A.
injunctions
B.
statutory punishments
C.
tort acts
D.
all of the above are correct
10.2.1
9.
The portion of law which defines and determines the rights of the individual in protecting that individual's person and property is the definition of______.
A.
civil process
B.
civil law
C.
criminal law
D.
statutory law
10.2.1
10.
The District Court has a need to bring a child into their control to decide custody / paternal rights. The correct order would be a/an ____.
A.
order of sale
B.
writ of attachment
C.
writ of possession
D.
writ of execution
10.3.2
11.
Senators and Representatives are privileged from arrest:
A.
during sessions of the Legislature
B.
going to and returning from the Legislature
C.
both (a) and (b)
D.
Senators and Representative are not privileged from arrest at all.
12.
Which of the following are magistrates, according to Article 2.09 of the Texas CCP?
A.
Justices of the Supreme Court
B.
Judges of the Court of Criminal Appeals
C.
Justices of the Court of Appeals
D.
all of the above
13.
Which of the following is not a peace officer as defined by Article 2.12, CCP?
A.
Sheriff
B.
Deputy Constable
C.
City Marshal of incorporated city
D.
Drug Enforcement Administration Agent
14.
What state court has final appellate jurisdiction in death penalty cases?
A.
Texas Supreme Court
B.
Texas Court of Criminal Appeals
C.
Court of Appeals
D.
District Court
6.3.2
15.
A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim or all reasonable means to prevent further family violence, including:
A.
making an arrest without a warrant
B.
calling in assistance from domestic violence experts
C.
giving written notice of a victim's legal rights
D.
giving written notice of an offender's legal rights
6.4.2
16.
Which of the following is not one of the elements of an offense as defined in Section 1.07 of the Penal Code?
A.
forbidden conduct
B.
required culpability
C.
required result
D.
negation of defense
17.
What is the level of proof required to convict a person of an offense?
A.
proof beyond a shadow of a doubt
B.
proof beyond a reasonable doubt
C.
proof beyond whatever a reasonable and prudent man construes to be beyond all doubt
D.
proof by preponderance of the evidence
18.
All persons are presumed to be _____, and no person may be convicted of an offense unless each element of the offense is______.
A.
innocent, proved beyond a shadow of a doubt
B.
innocent, proved beyond a reasonable doubt
C.
guilty, proved beyond a shadow of a doubt
D.
guilty, proved beyond a reasonable doubt
19.
The term "_____" means to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found.
A.
abduct
B.
restrain
C.
coerce
D.
none of the above
20.
Ricky is angry about losing his job 6 months ago. He goes to the Post Office, his former place of employment, and he takes his deer rifle with him. Once inside, he tells his former boss to lie face down on the floor and not to move, or he will shoot him. Rick surrenders later to the police, without further incident. What should Rick be charged with?
A.
false imprisonment
B.
kidnapping
C.
aggravated kidnapping
D.
terroristic threat
21.
An act of sexual contact in a public place is considered_______.
A.
public lewdness
B.
indecent exposure
C.
sexual misconduct
D.
sexual assault
22.
A female who exposes her breast in a public place is guilty of:
A.
disorderly conduct
B.
obscenity
C.
public indecency
D.
no offense
23.
A person commits ________ if he intentionally or knowingly causes the penetration of the anus or female sexual organ of another person by any means, without the person's consent.
A.
sexual assault
B.
aggravated sexual assault
C.
indecent exposure
D.
public lewdness
24.
Rick and Rene have been married for 10 years. Rene filed for divorce and moved to an apartment. A week after filing for divorce she went back to the house where Rick lives to get the rest of her clothes. Rick forced her to have sexual intercourse with him by threatening her with a knife. ( The divorce had not been granted ). Rick should be charged with:
A.
aggravated sexual assault
B.
sexual misconduct
C.
class A assault
D.
sexual assault
25.
Lester steals a pair of Oakley sunshades from Eye Masters. As he is leaving, an employee attempts to detain him. Lester runs around the employee, but knocks down a seventy-five year-old man. The elderly man is injured. Which one of the following best applies?
A.
robbery
B.
aggravated assault
C.
felony reckless conduct
D.
aggravated robbery
26.
Entering a motor home adapted for the overnight accommodation of persons and being used as a dwelling with intent to commit theft is:
A.
criminal trespass
B.
burglary
C.
burglary of a vehicle
D.
theft
27.
During a rally of the "Youth for White Supremacy" a participant addresses a police officer as a "jack-booted hoodlum." The actor is guilty of:
A.
disorderly conduct
B.
participating in a riot
C.
public disturbance
D.
no offense
28.
______ is a legal term for diminished capacity and inability to tell right from wrong.
A.
insanity
B.
illness
C.
disorder
D.
abnormal
30.1.1
29.
_____ means significantly sub-average intellectual functioning existing concurrently with deficits in adaptive behavior and origination in the development period before age 18.
A.
mental illness
B.
manic depression
C.
abnormal behavior
D.
mental retardation
30.1.6
30.
______ individuals may show the same behavior as the antisocial but, these individuals have no awareness that what they do is wrong.
A.
Schizophrenic
B.
Sociopath
C.
Paranoid
D.
Alzheimer
30.1.2
31.
According to the Texas Penal Code, "sexual harassment" means: Reference: Penal Code, Art. 39.03
A.
unwelcome sexual advances
B.
requests for sexual favors
C.
verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise of any right
D.
all of the above
32.
______ involves the expression or use of facts without distortion by personal feelings or prejudices. Choose the best answer.
A.
subjectivity
B.
objectivity
C.
bias
D.
awareness
33.
Which one of the following would not be included in examples of courage?
A.
facing barricaded, armed suspect
B.
refusing gratuities
C.
refusing to participate in ethnic or gender-based humor or practical joking
D.
all of the above are examples of courage
34.
The powers not delegated to the United States by Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people... " is language from which Constitutional Amendment?
A.
First
B.
Fifth
C.
Eighth
D.
Tenth
4.1.10
35.
Articles I, II, III, of the U.S. Constitution address:
A.
the reason for revolutionary war
B.
separation of powers and the three branches of the government
C.
freedom of speech and religion
D.
right to counsel
4.1.3
36.
As defined in the Juvenile Justice Code, the term "child" means a person who is ____ years of age or older and under____ years of age.
A.
10/21
B.
12/18
C.
12/17
D.
10/17
37.
When a driver parks a vehicle upon a two-way street, the right hand wheels of such vehicle should be within ______ from the curb.
A.
21 inches
B.
19 inches
C.
18 inches
D.
20 inches
9.1.3
38.
The posted speed limits on the state and federal highways mean which of the following?
A.
A prima facia speed which is reasonable and prudent
B.
An absolute speed limit
C.
You may always drive at the posted day-time speed limits
D.
Is the minimum speed
9.1.14
39.
Which of the following is the maximum speed limit on school buses on non interstate highways?
A.
45 mph day and 30 mph at night
B.
55 mph day and night
C.
45 mph day or night
D.
50 mph day or night
9.1.14
40.
Reasonable doubt is defined as______.
A.
mere possible doubt
B.
the standard used to determine whether or not a doubt that is beyond a shadow of a doubt exists
C.
the standard used to determine the guilt or innocence of a person criminally charged
D.
any possible or imagined doubt
33.1.8
41.
The lawful search for people or things useful in reconstructing a criminal act is referred to as:
A.
criminal procedure
B.
criminal investigation
C.
interrogation
D.
police work
33.1.1
42.
The questioning of a suspect who may normally be expected to be reluctant to divulge information concerning an offense under investigation is referred to as:
A.
interview
B.
interrogation
C.
questioning
D.
investigating
33.1.2
43.
Which one of the following is the best example of cover?
A.
wooden fence
B.
metal storage building
C.
shrubs
D.
motor vehicle
44.
Regarding mental and physical preparation for patrol, which of the following is important?
A.
elements of shift orientation
B.
elements of beat characteristics that the officer should know early in on in the assignment
C.
familiarization with known offenders
D.
all of the above
45.
Of the following, which would be the least likely to provide effective cover?
A.
U.S. mailbox
B.
shrubbery
C.
utility pole
D.
automobile
46.
The basic objectives of patrol are the prevention of crime, protection of life and property, and
A.
questioning suspects
B.
preservation of peace
C.
covering a wide area
D.
following a definite plan
47.
Which one of the following is a good example of concealment?
A.
U.S. Mailbox
B.
utility pole
C.
dirt embankment
D.
wood fence
48.
Who may conduct an investigation or inspect a licensed premise for the purpose of detecting violations of the Texas Alcoholic Beverage Code?
A.
a city officer
B.
a DPS officer
C.
an Alcoholic Beverage Commission agent
D.
all of the above are correct
49.
Unless otherwise indicated, any alcoholic beverage containing more than four percent of alcohol by weight is called:
A.
liquor
B.
beer
C.
wine
D.
ale
50.
A minor as defined in the Alcoholic Beverage Code is a person under _____ years of age.
A.
17
B.
18
C.
19
D.
21
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