e. none of the other choices
61. Criminal acts:
a. need not be planned
b. must be premeditated
c. must be tried within a month of being committed
d. must be tried by at least 5 judges
e. need not be illegal
62. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
a. felony
b. criminal negligence
c. misdemeanor
d. ordinance violation
e. none of the other choices
63. What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
a. felony
b. Class B acts
c. misdemeanor
d. ordinance violation
e. none of the other choices
64. Which of the following is correct:
a. criminal acts must be planned
b. criminal conduct must be intentional
c. criminal conduct may arise from carelessness
d. criminal conduct must involve actus rea
e. none of the other choices
65. Which of the following is correct:
a. criminal acts must be planned
b. criminal conduct must be intentional
c. criminal conduct cannot involve drunkenness
d. criminal conduct must involve actus rea
e. none of the other choices
66. If someone is very drunk and then, only because of their drunkenness, causes a fatal accident:
a. there can be no crime because there was no willful consent
b. there can be no crime because there was no mens rea
c. there can be no crime because there was no culpable disregard for the rights of others
d. there can be a crime because there was criminal negligence
67. In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle
homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court
held that:
a. a corporation should be charge, rather than its agents
b. a corporation cannot act through its agents
c. a corporation can only act though its agents
d. a corporation cannot be held liable for the actions of its agents
e. none of the other choices are correct
68. In Commonwealth v. Angelo Todesca Corp. where Angelo Todesco Corporation was charged with motor vehicle
homicide after an employee accidentally killed a police officer with a dump truck, the Massachusetts supreme court
held that:
a. a corporation may be criminally liable for violation of a traffic statute
b. a corporation may not be criminally liable for violation of a traffic statute
c. an individual may not be criminally liable for violation of a traffic statute
d. an individual may not be civilly liable for a violation of a traffic statute
e. none of the other choices are correct
69. The 1966 Supreme Court opinion relating to the Miranda rights holds that:
a. persons accused of a crime must be informed of their right to remain silent
b. persons accused of a crime must be informed of their right to be represented by counsel
c. persons accused of a crime must be informed that statements they make can be used as evidence against
them
d. all of the other specific choices are correct
e. none of the other specific choices are correct
70. The 1966 Supreme Court opinion relating to the Miranda rights holds that:
a. persons accused of a crime must be informed that they must answer all questions
b. persons accused of a crime must be informed that they have no right to be represented
c. persons accused of a crime must be informed that statements they make can be used as evidence against
them
d. all of the other specific choices are correct
e. none of the other specific choices are correct
71. The 1966 Supreme Court opinion relating to the Miranda rights holds that:
a. persons accused of a crime must be informed that they must answer all questions
b. persons accused of a crime must be informed that they have no right to be represented
c. persons accused of a crime must be informed of their right to be represented by counsel
d. all of the other specific choices are correct
e. none of the other specific choices are correct
72. Miranda rights for those arrested and accused of or suspected of a crime do not include:
a. the right to be represented by counsel
b. the right to be released
c. being informed that statements made may be used against the accused
d. the right to remain silent
e. all of the other choices are included in the Miranda rights
73. If the government does not prosecute a criminal suspect the right to do so may be eliminated by:
a. the loss of evidence
b. res ipsa loquitor
c. loss of probable cause
d. statute of limitations
e. none of the other choices
74. If a crime is not prosecuted within the time set by the , then the state loses the right to bring suit:
a. statute of limitations
b. statute of limited time
c. statute of dissipation
d. statute of prosecution
e. none of the other specific choices is correct
75. If a crime is not prosecuted within the time set by the , then the state loses the right to bring suit:
a. statute of probable cause
b. statute of limited time
c. statute of dissipation
d. statute of prosecution
e. none of the other specific choices is correct
76. The statute of limitations:
a. varies with time
b. varies by crime
c. varies by county
d. varies by state
e. varies by district
77. The statute of limitations:
a. varies with time
b. varies by district
c. varies by county
d. varies by state
e. none of the other specific choices are correct
78. The statute of limitations for unsolved murders:
a. may never end
b. ends after 5 years by federal law
c. ends after 10 years by federal law
d. ends after 15 years by federal law
e. none of the other choices are correct
79. If the statute of limitations expires on the ability of the state to prosecute for a crime, it is said that the statute has:
a. dissipated
b. tolled
c. departed
d. negated
e. none of the other choices
80. Defenses of insanity and intoxication in criminal cases:
a. are rarely successful
b. apply to about twenty percent of cases
c. are not allowed in Class A felony cases
d. are not allowed in misdemeanor cases
e. none of the other choices
81. If David flees the country to avoid being prosecuted for a crime:
a. the clock on the statute of limitations keeps running
b. the clock on the statute of limitations stops
c. he cannot be prosecuted
d. he loses his right to be represented by counsel
e. none of the other choices are correct
82. If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time
the robbery took place then she is using a(n):
a. Miranda right
b. exclusionary rule
c. alibi
d. defensive defense
e. none of the other choices are correct
83. An alibi is an example of a(n):
a. Miranda right
b. defensive defense
c. affirmative defense
d. entrapment
e. exclusionary rule
84. Defenses of insanity and intoxication in criminal cases:
a. apply to about ten percent of cases
b. apply to about twenty percent of cases
c. are not allowed in Class A felony cases
d. are not allowed in misdemeanor cases
e. none of the other choices
85. In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights,
then at trial that evidence is:
a. allowed to be referred to but not presented directly
b. allowed only if probable cause is first established
c. dropped under the exclusionary rule
d. irrelevant since there can be no trial if there was an improper search
e. none of the other choices
86. In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights,
then at trial that evidence is:
a. allowed to be referred to but not presented directly
b. allowed only if probable cause is first established
c. allowed if found to be “critical to justice”
d. irrelevant since there can be no trial if there was an improper search
e. none of the other choices
87. If the chain of custody is broken when gathering evidence for a criminal case:
a. the evidence is excluded
b. the evidence is kept under special consideration
c. the evidence is more powerful
d. the evidence is less useful to the prosecution
e. the evidence is less useful to the defendant
88. Unjust searches are violations of:
a. privacy interests
b. the First Amendment
c. the Second Amendment
d. property interests
e. monetary interests
89. Unjust searches are unlawful because they are violations of:
a. privacy interests
b. the First Amendment
c. the Second Amendment
d. property interests
e. monetary interests
90. Under the exclusionary rule:
a. improperly gathered evidence may not be used at trial
b. properly gathered evidence is categorized by type
c. improperly gathered evidence is permitted if it is crucial to the case
d. improperly gathered evidence is permitted only under special circumstances
e. none of the other choices are correct
91. Under the exclusionary rule:
a. improperly gathered evidence must be gathered again with proper techniques
b. properly gathered evidence is categorized by type
c. improperly gathered evidence is permitted if it is crucial to the case
d. improperly gathered evidence is permitted only under special circumstances
e. none of the other choices are correct
92. For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal
act:
a. the chief of police must issue a warrant for the officers to use
b. a judge must issue a warrant based on probable cause
c. no warrant is needed if the police determine probable cause exists
d. the district attorney must issue the police a warrant
e. none of the other choices
93. Probable cause is:
a. necessary to obtain a warrant
b. not necessary to obtain a warrant
c. important for the defense
d. cause for exclusion
e. none of the other choices are correct
94. In U.S. v. Young, where government agents put Federal Express packages to Young under an x–ray to look at the
contents, and he was convicted partly based on that evidence, the appeals court held that:
a. the conviction was overturned because there was no warrant to x-ray the packages
b. the conviction was overturned because Federal Express violated customer privacy rights
c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a
warrant
d. the conviction was upheld because there was no need for a warrant
e. none of the other choices
95. In U.S. v. Young, where government agents put Federal Express packages to Young under an x–ray to look at the
contents, and he was convicted partly based on that evidence, the appeals court held that:
a. the conviction was overturned because there was no warrant to x-ray the packages
b. the conviction was overturned because Federal Express violated customer privacy rights
c. the conviction was upheld because the severity of the crime outweighed the usual requirement to obtain a
warrant
d. the conviction was upheld because Young admitted to wrongdoing despite the improper search
e. none of the other choices
96. In U.S. v. Young, where government agents put Federal Express packages to Young under an x–ray to look at the
contents, and he was convicted partly based on that evidence, the appeals court held that:
a. there was no need for a warrant because Young assumed the risk that Federal Express might consent to a
search
b. there was a need for a warrant because Young assumed the risk that Federal Express might consent to a
search
c. there was no need for a warrant because Young did not assume the risk that Federal Express might consent
to a search
d. there was a need for a warrant because Young did not assume the risk that Federal Express might consent
to a search
e. none of the other choice are correct
97. You are arrested by the police, who suspect you of a crime:
a. the police decide if you will be charged with a crime
b. a government prosecutor will decide if you will be charged with a crime
c. a judge will decide if you will be charged with a crime
d. the police review board decide if you will be charged with a crime
e. none of the other choices
98. You are arrested by the police, who suspect you of armed robbery:
a. the police decide if you will be charged with a crime
b. the attorney general will decide if you will be charged with a crime
c. a judge will decide if you will be charged with a crime
d. the police review board decide if you will be charged with a crime
e. none of the other choices
99. In cases where a person is charged with a felony:
a. there must be a grand jury indictment
b. there must be a grand jury indictment only if it is a federal case
c. there must be a grand jury indictment only if it is a state case
d. there need not be a grand jury indictment, but could be one
e. none of the other choices
100. In cases where a person is charged with a felony, if there is to be a trial:
a. there must be a grand jury indictment
b. there must be a grand jury indictment only if it is a federal case
c. there must be a grand jury indictment only if it is a state case
d. there must be a grand jury indictment if the crime carries the possibility of more than ten years in prison
e. none of the other choices
101. A grand jury:
a. reviews potential felony cases
b. reviews past felony cases
c. reviews potential civil cases
d. reviews past civil cases
e. none of the other choices are correct
102. A grand jury:
a. determines probably cause
b. reviews past felony cases
c. determines guilt
d. determines how long the trial will take
e. none of the other choices are correct
103. When a person accused of a crime by the police makes an initial appearance in court and the government attorney
presents the criminal charges, it is called:
a. an indictment
b. a Miranda rights
c. an arraignment
d. a nolo contendere
e. a pleading
104. When a person accused of a crime by the police makes an initial appearance in court and the government attorney
presents the criminal charges, the court appearance is called:
a. an indictment
b. a Miranda rights
c. a pleading
d. a nolo contendere
e. none of the other choices
105. The initial court appearance for a person accused of a crime during which the government attorney presents the
criminal charges is called:
a. nolo contendere
b. an appearance
c. an arraignment
d. a demurrer
e. an indictment
106. The initial court appearance for a person accused of a crime during which the government attorney presents the
criminal charges is called:
a. nolo contendere
b. an appearance
c. an indictment
d. a demurrer
e. none of the other choices are correct
107. If one appears before a judge when accused of a crime and enters a plea in response to the charges, the choice of
pleas made does not include:
a. guilty
b. nolo contendere
c. not guilty
d. demurrer
e. all of the other choices are possible pleas
108. Nolo contendere means:
a. no contest
b. guilty
c. innocent
d. contested
e. none of the other choices are correct
109. Nolo contendere means:
a. no trial
b. guilty
c. innocent
d. contested
e. none of the other choices are correct
110. A settlement conference is:
a. an attempt to resolve a matter without trial, but under the supervision of a judge
b. an attempt to resolve a matter without trial and without a judge
c. an attempt to pay off the defendant
d. an attempt to offer the prosecution money to make them drop the case
e. none of the other choices are correct
111. A settlement conference is:
a. an attempt to resolve a matter with a short trial
b. an attempt to resolve a matter without trial and without a judge
c. an attempt to pay off the defendant
d. an attempt to offer the prosecution money to make them drop the case
e. none of the other choices are correct
112. If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the
defendant and prosecutor that is called:
a. an arraignment
b. nolo contendere
c. demurrer
d. plea bargain
e. none of the other choices
113. A plea bargain allows:
a. a matter to be settled under the supervision of a judge without a trial
b. a matter to be settled by a jury without a trial
c. a matter to be settled with a short trial
d. a matter to be settled by the attorneys without the supervision of a judge
e. none of the other choices are correct
114. In contrast to civil trial discovery proceedings, criminal discovery proceedings:
a. focus on reducing surprises
b. focus on reversing verdicts
c. focus on making all parties comfortable
d. involve disclosing only a subset of information to the other side
e. involve disclosing everything to the other side
115. Under the Constitution, any exculpatory evidence:
a. must be disclosed to the defendant
b. must not be disclosed to the defendant
c. must be disclosed to the judge before the trial
d. must be formally written
e. must be recorded in front of a notary
116. Under the Constitution, any must be disclosed to the defendant.
a. false evidence
b. important evidence
c. exculpatory evidence
d. illegally collected evidence
e. none of the other choices are correct
117. Under the Constitution, any must be disclosed to the defendant.
a. false evidence
b. important evidence
c. incriminating evidence
d. illegally collected evidence
e. none of the other choices are correct