An essential element of solicitation is that the person solicited actually commits the
crime.
Stalking can be a type of assault.
A jury that hears evidence and decides if the accused should be indicted and tried for
the crime is called the “grand jury” in most jurisdictions.
Jurors are selected from the state or district where the crime occurred.
A person is in custody if he or she is not free to leave.
A person who becomes insane just prior to execution cannot be executed.
Savvy attorneys will place people whose presence in the courtroom is prejudicial on the
witness list.
Another word for personal property is chattel.
Under RICO, corporations can be corrupt organizations.
Burglary at Common Law was the breaking or entering of the dwelling house of
another at night with the intent to commit a felony once inside.
Searches are unreasonable if they unduly interfere with a person’s expectation of
privacy, such as a police officer’s use of evidence that was in plain view.
Today, rape laws apply to sexual assaults directed at both men and women.
Habeas Corpus means “you have the body.”
Absence of warning by the court is a defense to contempt.
The Deadly Weapon Doctrine states that a person’s use of a deadly weapon doctrine is
proof of the intent to kill.
The CIA caught, tried and executed ten German saboteurs during World War II.
A person leaving a gun unlocked and unattended could be guilty of assault
Defendants have the right to cross-examine the technician who performed the DNA
analysis at trial.
The citizens in Athens, Greece had one of the first known juries in history.
A federal prosecutor can never listen in on conversations between a prisoner and his
attorney.
The killing of a person in extreme pain and/or suffering from an incurable sickness is
called a living will.
Defense attorneys have the option of delivering their opening statement following the
prosecution’s opening statement, or after the prosecution has presented its case.
Under the Seventh Amendment, “all the charges against a defendant that grow out of a
single criminal act, occurrence, episode, or transaction” must be tried at the same time.
A cooperation agreement:
A) is the same as use immunity
B) is the same as transactional immunity
C) lays out how the defendant will testify in exchange for a recommendation of
leniency.
D) circumvents attorney-client privilege.
E) none of the above
The Natural Law School of jurisprudence believes:
A) laws reflect an effort to perpetuate oppression and social inequalities.
B) law is shaped by logic.
C) legal rules are unnecessary.
D) laws are based on standards of what is and is not correct.
E) law is a combination of social transactions.
Money the defendant pays to the victim to compensate them for the harm the crime
caused is:
A) restitution.
B) fines.
C) taxes.
D) cost of doing business.
E) none of the above
All of the following are reasons for which a potential juror for a capital case may be
excluded, except:
A) the potential juror states that he objects to the death penalty on moral grounds, but
that he could set such personal feelings aside to objectively apply the law.
B) the potential juror was dismissed as part of the defense’s peremptory challenge for
no particular reason at all.
C) the juror clearly has a bias against the defendant, based on the defendant’s
occupation as a prostitute.
D) the potential juror states that she does not support the death penalty and would never
be able to vote to pass such a sentence, even if she was certain that the law indicated
that such a punishment was suitable.
E) serving on a trial jury would cause an undue hardship for the potential juror.
Under the prevailing model used by law enforcement to handle reports of missing
children,:
A) notes left by the child indicate a voluntary runaway
B) if no note is left and the child is under 15, the child is presumed to have been
abducted.
C) children 15 to 17 who have had conflict with their parents or caregivers are
presumed to have runaway or been thrown away.
D) parents of those determined to be runaways are presumed to be abusive.
E) A, B, and C.
Under the Brady Handgun Violence Prevention Act:
A) handgun purchasers must undergo a background check through the National Instant
Criminal Background Check System (NICS)
B) handgun purchasers who have already had a background check to obtain a concealed
carry permit do not need to undergo a (NICS) check.
C) gun collectors selling guns from their private collection are not required to run a
background check on gun purchasers.
D) A, B, C, and D.
E) none of the above
You are a police officer responding to a report of a person injured by the side of the
road. You find a young woman with injuries consistent with being hit by a car. Do you
have the necessary elements for a corpus dilecti of a crime?
A) Yes, because there is no car around. So it is a hit and run.
B) No, because she is harmed, but you do not know for certain the harm was caused by
a criminal act.
C) No. Until she tells you she was hit by a car, you don”t know for certain that she was.
D) No, because you don”t yet know that the driver of the car committed a crime or
whether this was an accident.
E) B, C, and D.
Which of the following statements are true of the Supremacy Clause?
A) It outlaws White Supremacists.
B) It declares the U.S. Constitution to be the supreme law of the land.
C) It declares the Supreme Court to be the highest court in the land.
D) It states that the states may never give their citizens more rights than are guaranteed
in the U.S. Constitution.
E) It is the clause that dictates who can and cannot vote in federal elections.
Congress has the power under the Constitution to:
A) grant letters of Marque and Reprisal.
B) declare War.
C) call up the militia.
D) raise and support armies.
E) all of the above
The standard that sends a convicted mentally ill person to a mental hospital until he
recovers is:
A) not guilty by reason of insanity.
B) guilty, but mentally ill.
C) complete lack of capacity.
D) substantial lack of capacity.
E) both A and B
Jurisprudence:
A) provides the rationale for every law ever enacted.
B) contains all the wisdom of the ages.
C) is interpreted by different schools of jurisprudence.
D) is viewed the same way by everyone.
E) all of the above
Assault:
A) can be either the fear of imminent harm or actual physical harm.
B) always requires physical harm.
C) always requires fear of imminent harm.
D) none of the above
E) both A and B
Chemical castration uses the drug Depo-Provera.
The Eighth Amendment prohibition of cruel and unusual punishment is based on what
document?
A) the Magna Carta
B) the Louisiana Purchase
C) the Mayflower Compact
D) the Treaty of Versailles
E) the Munich Agreement
A person was tried for a murder three years ago and was acquitted. The police find new
evidence showing the person was guilty. Can the person be charged for the same
murder again?
A) No, because the evidence must be excluded as “fruit of the poisonous tree.”
B) No, because to do so would be double jeopardy.
C) No, because to do so would constitute a bill of attainder.
D) Yes, because there is no statute of limitations on murder.
E) No, because evidence discovered that long after the crime would be evanescent
evidence.
The perjury trap occurs when:
A) telling the truth would force the witness to incriminate himself.
B) telling the truth would contradict previous statements to law enforcement officials.
C) a witness is threatened with death if he testifies truthfully.
D) a witness is threatened with harm to his family if he testifies truthfully.
E) all of the above
Double Jeopardy is:
A) prohibited by the Third Amendment.
B) legal in the U.S. if a person has violated a federal law.
C) a person being re-tried after the declaration of a mistrial.
D) a person being tried in civil court after a previous criminal court ruled the person
innocent concerning the same act.
E) a person facing criminal charges after a previous criminal court ruled the person
innocent concerning the same act.
States delegate their police power:
A) to the federal government.
B) to counties and municipalities.
C) to other states.
D) A, B, and C.
E) none of the above
A police officer seeking a search warrant must present to the magistrate:
A) evidence showing that it is more than likely that a crime was committed.
B) evidence showing that it is more than likely that the place to be searched is
connected to the crime.
C) evidence showing conclusively that a crime has been committed.
D) evidence showing conclusively that the place being searched is connected to the
crime.
E) A and B.
When is corporal punishment child abuse under the law in most states?
A) Never
B) When the punishment creates a substantial risk of serious physical or psychological
harm.
C) Never when the parents invoke the freedom of religion defense.
D) Always
E) Only when the punishment creates a substantial risk of serious physical harm.
The UCR’s new definition of rape includes what specific acts not included under the
Common Law definition of rape?
A) Forcible fondling and incest.
B) Incest and statutory rape
C) Sodomy and sexual assault with an object.
D) Marital rape and incest
E) none of the above
The Commerce Clause:
A) allowed the Supreme Court to rule the Civil Rights Act of 1964 was constitutional.
B) became the basis for the federal law enforcement agency that eventually became the
FBI.
C) is no longer used in legal arguments.
D) A, B, and C.
E) A and B only.
Which of the following best explains the three categories of homicides under English
Common Law?
A) Criminal, justifiable, and excusable
B) Knowing, reckless, and negligent
C) Murder, voluntary manslaughter, and involuntary manslaughter
D) First, second, and third degree murder
E) Felony murder, misdemeanors, and summary offenses.
“Pleading the Fifth” means asserting the right to avoid giving testimony that could:
A) incriminate one’s husband.
B) incriminate one’s self.
C) incriminate one’s attorney.
D) incriminate a member of one’s congregation.
E) incriminate one’s patient.
Which of the following statements are true concerning minimum mandatory sentences
for armed robbery?
a. A defendant convicted of carrying a weapon during a robbery will receive a minimum
of five years in prison.
b. A defendant convicted of brandishing a weapon during a robbery will receive a
minimum sentence of seven years in prison.
c. A defendant convicted of discharging a weapon during a robbery will receive a
minimum of ten years in prison.
d. A defendant can be convicted of discharging a weapon during a robbery, even if the
discharge was accidental.
e. all of the above
Graffitti:
A) is always a summary offense.
B) is always a misdemeanor.
C) is always a felony.
D) may be a summary offense or a misdemeanor, depending on the amount of property
damage.
E) may be a misdemeanor or felony, depending on the amount of property damage.
Under the PATRIOT Act of 2001, which is not part of the definition of domestic
terrorism?
A) Activities which occur primarily within U.S. jurisdiction
B) Activities intended to intimidate or coerce a civilian population
C) May be communications such as emails, internet postings, or videotapes used to
recruit others to join the war against America and American interests at home or abroad
D) Activities intended to influence government policy by intimidation or coercion, or to
affect government conduct by mass destruction, assassination, or kidnapping
E) Activities which involve criminal acts dangerous to human life
The concept of corpus dilecti prevents a person from being convicted based on his or
her confession unless:
A) the police have located the body.
B) additional evidence tying the person to the crime exists.
C) the police can prove a crime was committed
D) B and C.
E) none of the above
Which of the following would be considered rape under the Unified Crime Report’s
new definition?
A) Consensual intercourse with a girl under the age of 18
B) Non-consensual intercourse with another person
C) Consensual intercourse with a person of the opposite sex
D) Non-consensual intercourse with a woman not one’s wife
E) none of the above
Which of the following may be an important piece of evidence in a rape case?
A) A description of the clothing worn by the victim
B) A description of the victim’s physical state, including photographs of any injuries
C) Any physical evidence such as semen or saliva found on the victim or her clothes
D) all of the above
E) both B and C
The mistake of fact defense:
A) may be used for general intent crimes if the mistake is a reasonable one.
B) may never be used for specific intent crimes.
C) may be used for specific intent crimes if the mistake is a reasonable one.
D) may never be used for general intent crimes.
E) both A and B
An intent to kill is considered _________ aforethought.
The level of force used to subdue a criminal or prevent a crime without risking death is
__________________.
In a _________ in medieval England, the accused was given a difficult task to perform
often involving physical injury.
Legal professionals track criminal activity and submit the information to the _________
in a process called classifying and storing.
Discuss what efforts you can take to protect private property while you are not on the
premises.
The most beneficial type of immunity for a defendant is _________ immunity.
Very often, a first-time offender will receive a___________________.
Is it appropriate to subject non-citizens to military tribunals for acts allegedly carried
out against American interest at home or abroad?
According to Blackstone, an act that is mala prohibita is prohibited because society has
decided to criminalize that behavior.
When a person retracts his or her testimony, it is called ______________.
_________ liability crimes only require a wrongful act to occur.
Explain the protections from Double Jeopardy and give examples.
Explain why capital punishment is not unconstitutional as “cruel and unusual”
punishment.
A person who changes information on a check is guilty of ______________ forgery.
The _____________ Amendment is the basis for ensuring defendants the right to a trial
by jury.
Causation is the link between actus reus and _________.
Susan carries a loaded gun because she has been stalked by a stranger for months. She
arrives at another woman’s house to discuss their mutual relationship with Stan, a
former football player. While talking, Stan arrives. An argument among the three
ensues, and Stan follows Susan to her car, shouting at her as she retreats. Stan then
heads for his car, where Susan knows he keeps a gun. Susan takes her handgun out of
her purse and fires what she calls a warning shot into the air as she drives off. The bullet
hits him in the buttocks. Stan dies three days later when the surgeons at a hospital miss
the fact that the bullet severed an artery. Susan is arrested and charged with murder.
Discuss any defenses she may have available.
The Constitutional right to not testify against one’s own interest when charged with a
crime is called the _______________.
A document setting forth directions regarding medical treatment should the person
become unable to participate in health care decisions is called a ___________.