Chapter 19 Obstruction of justice may be a violation of federal

subject Type Homework Help
subject Pages 14
subject Words 1614
subject Authors Terry M. Anderson, Thomas J. Gardner

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True / False
1. Contempt is the willful disregard of the authority of a court of law or of a legislative body.
a. True
b. False
2. Contempt may be used in criminal cases, but not in civil cases.
a. True
b. False
3. Not every gift, favor or contribution to a government or political official constitutes bribery.
a. True
b. False
4. Summary contempt is proper for all kinds of contempt.
a. True
b. False
5. There is no contempt unless there is some sort of wrongful intent.
a. True
b. False
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6. Direct contempt may NOT be punished summarily.
a. True
b. False
7. The crime of subornation of perjury is committed when another person is induced or knowingly permitted to
testify falsely.
a. True
b. False
8. Obstruction of justice may be a violation of federal or state law.
a. True
b. False
9. It is a federal crime to use marriage as a means of evading the immigration laws of the United States.
a. True
b. False
10. Failure to register is a felony immigration offense.
a. True
b. False
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Multiple Choice
11. Contempt requires a showing of what kind of disregard of the authority of a court or legislative body?
a. willful
b. negligent
c. reckless
d. accidental
12. The purpose of civil contempt is to
a. punish the defendant
b. compelthedefendanttocarryoutthecourt’sorder
c. allowthedefendanttochallengethecourt’sorder
d. rehabilitate the defendant
13. Which of the following is one of the purposes of the charge of criminal contempt?
a. to punish the defendant for wrongdoing
b. tocompelthedefendanttocarryoutthecourt’sorder
c. to allow the defendant time to appeal
d. to deter others
14. In 2010 Arizona passed a state statute aimed at
a. illegal immigrants
b. resident aliens
c. legal immigrants
d. minorities
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15. In 2010 Arizona passed a state statute which requires persons to carry valid
a. immigration documents
b. driver’slicenses
c. birth certificates
d. proof of residency
16. Direct contempt is that which
a. directly challenges the authority of the court or legislative body
b. occurs in the presence of the judge or legislative body
c. may be punished following a trial on the issue
d. directly affects the defendant
17. Constructive or indirect contempt is that which
a. does not occur in the presence of the court or legislative body
b. is done without wrongful intent
c. occurs in the presence of the judge
d. may be punished summarily
18. In July of 2010 a federal judge issued a preliminary injunction blocking these provisions of the Arizona immigration
law, agreeing with the U.S. Justice Department that immigration enforcement laws were within the exclusive
power of the
a. federal government
b. Supreme Court
c. U.S. Military
d. state government
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19. An individual may not be held in contempt unless it can be shown that
a. the person was warned after the first occurrence
b. the judge personally witnessed the wrongdoing
c. the judge provided the person an opportunity to apologize
d. the person acted with some sort of wrongful intent
20. Constructive contempt is also known as
a. situational contempt
b. indirect contempt
c. circumstantial contempt
d. common contempt
21. Illegal immigrants enter the United States by all of the following means except
a. walk across the border
b. on boats
c. as students
d. through established checkpoints and procedures
22. Which of the following conduct is a felony under immigration laws?
a. failure to notify of change of address
b. failure to register
c. making false statements
d. harboring illegal aliens
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23. Which of the following conduct is a misdemeanor under immigration laws?
a. first illegal entry
b. reentry of deported alien
c. second illegal entry
d. aiding subversive alien to enter
24. The immigration laws make it a crime to do all of the following except
a. make a false entry into this country
b. assist others to make an illegal entry in this country
c. hire an illegal alien.
d. assist in the return an illegal alien
25. Extortion by public employees or officials is a violation of the
a. Jones Act
b. Smith Act
c. Hobbs Act
d. Locke Act
26. For a gift to a public official to be illegal, the gift must be
a. given specifically for favorable treatment in the future
b. given or received specifically for favorable treatment in the future, the exact nature of the return must be
expressed.
c. received specifically for favorable treatment in the future
d. given with no strings attached
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27. Summary contempt convictions require that the contempt
a. occurred in the presence of the judge
b. occurred in the courtroom
c. occurred during a trial
d. occurred in the presence of a courtroom actor
28. There is no contempt unless there is some sort of
a. wrongful intent
b. criminal intent
c. malicious
d. knowledgeable intent
29. Which of the following may use civil or criminal contempt?
a. divorce cases
b. child custody cases
c. criminal cases
d. All of these choices
30. What usually happens to most of the people detained annually for violation of United States immigration laws?
a. they are removed to their home countries
b. they are incarcerated in jail
c. they are incarcerated in prison
d. they are incarecreated in jail and then removed to their home countries
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31. Whatistheusuallimitunderfederallaw,28U.S.C.§1826,ontheperiodapersoncanbeheldinjailforcivil
contempt for refusal to obey a court order?
a. 18 months
b. 24 months
c. 36 months
d. 48 months
32. What is the name of the crime of knowingly and materially testifying falsely while under oath?
a. perjury
b. subornation of perjury
c. misprision of felony
d. misprision of perjury
33. What is the difference between contempt and summary contempt?
a. summary contempt occurs in the presence of the judge
b. summary contempt occurs in the presence of the jury
c. summary contempt occurs in the presence of the attorneys
d. summary contempt occurs in the courtroom
34. Attempts to thwart illegal immigration include which of the following except
a. walls
b. cameras
c. electronic monitoring devices
d. deployment of federal troops
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35. Giving or selling national military or defense secrets to a foreign nation is the definition of
a. obstruction of justice
b. treason
c. espionage
d. extortion
36. The federal law which makes giving or selling national military or defense secrets a crime is the
a. Espionage Act
b. Hatch Act
c. National Security Act
d. State Secrets Act
37. The Soviet Union paid millions of dollars to Aldrich Ames for secrets who was privy to as an employee of the
a. Central intelligence Agency
b. Federal Bureau of Investigation
c. National Security Agency
d. State Department
38. The botched break-in at the National Democratic Headquarters at the Watergate apartment building led to a
White House cover-up. This scandal was called
a. Watergate
b. Irangate
c. Bridgegate
d. Whitewater
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39. Intentional acts that hinder, corrupt, or impede the functioning of the judicial system is the definition of
a. obstruction of justice
b. treason
c. espionage
d. extortion
40. Illegal efforts to avoid paying the proper amount of tax owed to government is called
a. tax evasion
b. treason
c. espionage
d. extortion
41. Susan McDougal was convicted of four felonies by a jury, and then served 18 months for failure to answer grand
jury questions about Whitewater. This scandal was called
a. Watergate
b. Irangate
c. Bridgegate
d. Whitewater
42. The removal of a person from the United States for a variety of reasons is called
a. repatriation
b. return
c. rendition
d. deportation
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43. About 40 percent of immigration investigations are due to
a. illegal entry or reentry into the United States
b. illegal importation of drugs
c. crimes of moral terpitude
d. violent crimes
44. Reports show that _____ people are detained annually for violations of the immigration laws.
a. more than a million
b. less than a million
c. more than ten million
d. less than 500,000
45. In Zadvydas v. Davis, the U.S. Supreme Court held that such a detention could not extend beyond the _____
necessary to remove the alien.
a. reasonable time
b. proper and
c. maximum time
d. minimum time
46. Anypersonwho“knowinglyentersintoamarriageforthepurposeofevadinganyprovisionoftheimmigration
laws is guilty of
a. marriage fraud
b. nuptial fraud
c. commitment fraud
d. family fraud
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47. A remedial form of contempt order used to force people to do what they are lawfully required to do is called
a. criminal contempt
b. civil contempt
c. circumstantial contempt
d. common contempt
48. ____isbasedonaperson’sactionsinacourtcaseorlegislativeproceedingandusedtopunishpeoplebyafine
or imprisonment for what they have done.
a. criminal contempt
b. civil contempt
c. circumstantial contempt
d. common contempt
49. Only this type of contempt may be punished summarily.
a. direct
b. indirect
c. muted
d. criminal
50. What is the crime of inducing or knowingly permitting another person to testify falsely while under oath?
a. perjury
b. subornation of perjury
c. misprision of felony
d. misprision of perjury
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Mark is giving testimony at his trial. He uses a disparaging word to describe the prosecutor and the judge halts the
proceedings.
51. To hold Mark in contempt, the judge must decide if the Mark's comment shows what kind of disregard for the
authority of the court?
a. willful
b. negligent
c. reckless
d. accidental
52. The type of contempt exhibited by Mark was direct because it
a. directly challenged the authority of the court
b. occurred in the presence of the judge
c. may be punished following a trial on the issue
d. directly affected the trial
53. The judge penalizes Mark $50 for his remark. The action of the judge is this regard is called a
a. summary contempt conviction
b. finding of contempt
c. bench decision
d. court contempt conviction
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54. Based on the information in the preface, the type of contempt that occurred in the court was
a. civil, because Mark interfered with the functioning of a court
b. criminal, because it was at a criminal trial
c. civil, because Mark refused to obey a court order
d. criminal, because the contempt was towards an officer of the court
Sammy's the mayor of Friendlyville and has been siphoning money from the Boys' and Girls Club over the past six
years, amassing a tidy sum of $58,000. When the scam comes to light, investigators interview Sammy, who
disavows any knowledge of the crime, blaming the allegations on political enemies. John, the deputy mayor, who has
known of Sammy's illegal behavior for some time, provides a complete picture of Sammy's crimes to investigators
and now both John and Sammy are placed under arrest, but not before deleting as many emails about the subject as
possible.
55. Which of the defendants would be guilty of committing perjury?
a. Sammy, because he lied to investigators
b. John, because he deleted emails relevant to the case
c. both Sammy and John because the both had knowledge of the stealing
d. neither Sammy nor John because the trial had not yet started
56. Which of the defendants would be guilty of committing misprision of felony?
a. Sammy
b. John
c. both Sammy and John
d. neither Sammy nor John
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57. Which of the defendants would be guilty of tampering with evidence?
a. Sammy
b. John
c. both Sammy and John
d. neither Sammy nor John
Sammy, the mayor of Freindlyville, was charged with stealing $58,000 from the Boys and Girls Club. He takes the
stand in his own defense and claims it was the deputy mayor, John, who was the real mastermind behind the
scheme. This is an outright lie. John takes the witness stand and testifies that not only did Sammy steal from the
Boys and Girls Club, but he sold town secrets to the Russians! This, too, is an outright lie.
58. Which of the defendants would be guilty of committing perjury?
a. Sammy, because he lied in court
b. John, no one in the town really ever trusted him
c. both Sammy and John because the both had knowledge of the stealing
d. Sammy, because he lied to investigators
59. Which of the defendants would be guilty of tax evasion?
a. Sammy, because he didn't pay report his illegal gains on his taxes
b. John, because he knew of the theft but did not report it, making his an accessory to all felonies
c. both Sammy and John because the both had knowledge of the stealing
d. neither, because illegal gains are not taxable, only earned income is taxable
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60. Which of the defendants would be guilty of subornation of perjury?
a. Sammy, because he lied on the witness stand
b. John, because he knew Sammy was lying on the witness stand
c. John, because he knew Sammy was stealing and didn't report it
d. neither, because although both lied on the witness stand, neither had induced the other to do so
61. Acts that delay, impede, or frustrate the functioning or the dignity of a court or legislative body may be held to be
in ____ of that body.
62. In order to compel a person to do something she is obligated to do, a court may hold the person in ____
contempt.
63. The offense of ______ seeks to protect the judicial system, both civil and criminal, from intentional acts that
would hinder, corrupt, or impede the functioning of the system.
64. Deliberate tax ___ and tax fraud are generally punished as crimes
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65. States often make failure to report for ___ duty when summoned a crime.
66. A witness who knowingly and materially testifies falsely while under oath commits the crime of _____.
67. Encouraging or paying someone to commit perjury is the crime of ____ of perjury.
68. A person who gives or sells national military or defense secrets to a foreign nation, for example, has committed the
felony offense of ________.
69. It is a ____ crime to use marriage as a means of evading the immigration laws of the United States.
70. ______ laws, now called removal laws, provide for removal of a person from the United States for a variety of
reasons.
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71. Anypersonwho“knowinglyentersintoamarriageforthepurposeofevadinganyprovisionoftheimmigration
laws is guilty of committing ____.
72. Knowingly altering or damaging evidence intended to be used in a court proceeding is called ____.
73. ______ is failing to report knowledge of a felony to the appropriate authorities.
74. This burglary at the _____ apartment building led to a White House cover-up that resulted in a presidential
resignation.
75. _____, consisting of cameras and other electronic monitoring devices, have also been put in place along the U.S.-
Mexican border.
76. Define contempt. Identify the two classifications of contempt and provide an example of each.
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77. Compareandcontrast“direct”and“constructive”contempt.Explaintheprocedureusedtopunishanindividual
for each type.
78. How do federal courts define the crime of misprision of a felon? What elements must the government prove to
obtain a conviction for this offense?
79. Explain the purpose of the offense of obstruction of justice. Provide examples of how this crime may be
committed.
80. Explainthegovernment’sreasoningincriminalizingdeliberatetaxevasionandtaxfraud.Providetwoexamplesof
tax evasion cases that have received national attention.
81. Describe some of the criminal offenses that can be charged for immigration offenses and their maximum
punishments.
82. Whathappenswhenanillegalimmigrant’shomecountrydoesnotwantandwillnotconsenttothereturnofthe
alien?
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83. What are the limits on summary contempt convictions? What is the reason for these limitations?
84. In 2010 Arizona passed a state statute aimed at illegal immigrants. What does the statute permit police to do?
What is the current status of the statute?
85. Discuss the connection between a gift and an official act required for conviction under the bribery laws.

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