Incest is generally defined as sexual conduct between a father and a daughter.
All defendants are entitled to a discretionary appeal.
In the case Atkins v. Virginia, the Supreme Court found that contemporary standards of
what is appropriate have changed, and that mentally retarded people may still be
executed if found guilty of a capital crime.
During a jury trial, the judge plays the role of the fact finder and the jury plays the role
of the determiner of the law.
In statutory rape, the consent of the underage partner is irrelevant.
An attack on a person following an argument, with no weapon used, is aggravated
assault.
Consensual sodomy is still illegal in Texas.
Deadly force can always be used to protect oneself from another’s criminal act.
A form of perjury is lying about your whereabouts to a family member.
One of the elements prosecutors must prove in rape cases is that a sex act took place.
Wiring a house with dynamite with the intent to kill or harm people is an example of
violent arson.
If a person confesses to a crime, but was not first informed of his/her rights, the
confession will be inadmissible at trial.
To get a theft conviction, prosecutors must prove the defendant threatened the victim.
Forensic accounting can be used to investigate moneylaundering charges.
A motion for recusal asks the prosecutor to restate the charges against the defendant.
To get a sedition conviction, prosecutors must prove the defendant was part of a
conspiracy.
At Common Law, an abortion performed before the “quickening” was legal.
Private conversations between husband and wife are privileged to protect marriages
from the destructive effects of being compelled to testify against one another.
The Right to Counsel, including free counsel for indigent defendants, stops after the
verdict is rendered in the trial. Obtaining counsel for post-trial appeals is the
responsibility of the defendant.
Jury instructions are a standard form used in every trial.
Under RICO, a partnership cannot be a corrupt organization.
The principle that conversations between client and counsel are privileged in order to
encourage full and frank discussion between them is called Priest-Penitent Privilege.
The fact that a woman discussed having a sexual relationship with the man she is
accusing of raping her can never be admitted under rape shield laws.
Reporter’s privilege is a defense to contempt
Sentences for manslaughter are much more severe than those for first-degree murder.
Members of all groups or classes may serve on juries.
A person hiring a hit man to commit murder is an example of transferred intent.
Obstruction of justice is the crime of impeding or hindering the administration of justice
in any way.
Real property consists of land only.
If a state changes the interval between parole hearings, it violates the Constitution’s
prohibition on ex post facto laws.
Which of the following is NOT true of Spousal Privilege?
A) Under the law today, a person can choose to testify against their spouse.
B) The privilege to avoid testimony belongs to the person being spoken about, and not
to the speaker.
C) Spousal Privilege protects private conversations between husband and wife, and
protects marriages from the destructive effects of being compelled to testify against one
another.
D) The privilege is based on the notion that husband and wife are one person and that
one person should not be compelled to testify against one’s self.
E) Under common law, it was customary that a spouse could not be compelled to testify
and that a spouse could be prevented from testifying by the other spouse.
The Common Law retreat rule:
A) requires an intruder must retreat when a homeowner pulls a gun on him or be
justifiably shot.
B) requires a person to retreat rather than use deadly force unless the person is his or
her home or business.
C) only requires a person to retreat if the retreat can be done in complete safety.
D) can be used by aggressors if they remove themselves from the fight under the
doctrine of withdrawal.
E) B, C, and D.
Joe Josey has a hot temper and has been drinking heavily at the Circle K bar. He
believes that the young man occupying the bar stool next to his is trying to make a pass
at the bartender, who happens to be Joe’s girlfriend. Joe stands up and tries to punch the
young man, but instead stumbles and smacks the little old lady on the next bar stool
over. She falls and suffers a concussion. The concept that best explains why Joe may be
criminally liable for the harm the old lady suffers is:
A) actus reus.
B) mens rea.
C) specific intent.
D) transferred intent.
E) all of the above
Defendants charged with serious offenses have a Constitutional right to:
A) a nonjury trial.
B) a trial before a judge.
C) a jury trial.
D) all of the above
E) none of the above
Which of the following is/are true about escape from prison?
A) Misdemeanor convicts who escape are guilty of misdemeanor escape.
B) Felony convicts who escape are guilty of felony escape.
C) A person convicted of aiding a prisoner escaping is guilty of aiding escape.
D) Many states allow duress as a defense to escape.
E) all of the above
If a judge at a preliminary hearing decides the case should go to trial, that judge will
issue a(n):
A) arraignment.
B) decision on guilt or innocence.
C) bench warrant.
D) binding.
E) indictment.
All of the following are names for the group of people from which the jury will be
selected except:
A) pool.
B) panel.
C) array.
D) collective.
E) venire.
The President of the United States has the power to:
A) serve as the Commander in Chief.
B) declare war.
C) replace members of Congress in times of war.
D) all of the above
E) none of the above
A police officer who observes a person breaking into a house:
A) must wait for a magistrate to issue a warrant.
B) may shoot the burglar without obtaining any more information.
C) may arrest the burglar without obtaining a warrant.
D) must call for backup.
E) none of the above
Under a nolo contendere plea the defendant:
A) admits no wrongdoing, but agrees to serve the sentence.
B) does not incur liability in any possible civil trial arising out of the same acts.
C) relinquishes his presumption of innocence.
D) maintains his innocence, but allows the court to sentence him as if he were guilty.
E) A and B
Defendants who plead guilty:
A) lose appeal as a right.
B) lose the right to discretionary appeals.
C) lose all rights to appeals.
D) get the maximum sentence.
E) automatically get the minimum sentence.
Sex offender registration:
A) has been held to be an ex post facto law.
B) in some states involves lifetime monitoring via a GPS device.
C) in some states involves lifetime video surveillance.
D) is part of a vast conspiracy to keep the American population in a permanent state of
terror.
E) is being phased out.
Jeremy Jones is learning disabled. Ruth Less attacks him one day with a baseball bat
calling him a “retard”. If a jury decides Ms. Less’ actions were motivated by her
prejudice against mentally challenged people, what would be the most likely result?
a. She would be convicted of assault and receive the appropriate sentence for assault.
b. She would be put on probation and given sensitivity training so she would be nicer to
mentally challenged people in the future.
c. She would be convicted of a hate crime and have her sentence enhanced beyond what
it would be simply for an assault.
d. She would be given the death penalty for committing a hate crime.
e. None of the Above.
You are a municipal tax collector. You keep some of the tax money you collect. What
type of theft have you committed?
A) Theft by deception
B) Looting
C) Retail theft
D) Theft by failure to make required disposition of funds received
E) Pickpocketing
What rule, based on the res gestae theory, states that if a person is murdered as part of a
conspiracy or group act, then everyone involved in the act is responsible for the
murder?
A) Felony Murder Rule
B) Mala in Se
C) The Treason and Conspiracy Doctrine
D) Conspiracy to Commit Murder
E) the prosecutors golden rule
In the federal government’s checks and balances system, what check does the federal
court system have on the executive and legislative branches of government?
A) The senate must confirm all judicial nominees.
B) The president has the power to appoint judges to the federal bench.
C) The Supreme Court can impeach the president.
D) The Supreme Court can vote to dissolve Congress.
E) Federal courts can declare laws to be unconstitutional.
Which of the following are ways a prosecutor can prove property in the defendant’s
possession belongs to the victim?
A) The victim attests that the property belongs to him/her.
B) The victim produces receipts showing where and when the item or items were
purchased.
C) The victim provides serial numbers, model numbers, or other identifying
information about the items.
D) The victim provides an insurance inventory that includes the items.
E) all of the above
An arsonist set fire to a building. He claims to have believed the building was empty,
but several homeless people were staying there. One was killed in the fire. What must
the prosecutor prove to convict the arsonist of violent arson?
a. The prosecutor must only prove the arsonist set the fire.
b. The prosecutor must prove the arsonist set the fire and intended to kill a person by
doing so.
c. The prosecutor must prove the man set the fire with reckless disregard for any people
inside.
d. The prosecutor must only prove the arsonist deliberately set the fire.
e. none of the above
Common law owes its origination to what nation?
A) United States of America
B) Luxembourg
C) Germany
D) France
E) England
To prove mens rea in a second, third, or fourth degree crime, the prosecution must
prove:
A) the defendant took an unjustifiable risk.
B) the defendant purposely committed the crime with intent to accomplish a particular
result.
C) only that the defendant committed the crime.
D) the defendant took an unreasonable risk.
E) None of the above.
Under the Model Penal Code, rape in the first degree occurs if the perpetrator:
A) inflicts serious bodily injury upon anyone.
B) was not a voluntary social companion of the victim on the occasion of the crime and
she had not permitted him earlier sexual liberties.
C) was a total stranger to the victim.
D) both A and B.
E) A or B.
In strict liability crimes:
A) intent is irrelevant.
B) mens rea is irrelevant.
C) the prosecutor must strictly prove mens rea to get a conviction.
D) only a wrongful act must occur.
E) A, B and D are all correct.
A tort is:
A) a wrong that destroys property.
B) a wrong resulting from a breach of legal duty .
C) a wrong against society.
D) a wrong against an individual.
E) any wrong.
Government police power:
A) gives government the right to enforce existing laws.
B) gives government the right to punish those who break the law.
C) gives government the right to regulate the health, safety, morals and the general
welfare of its citizens.
D) A, B, and C.
E) none of the above
Which is not a bribe?
A) Payment to a customs official so that he will not look in your luggage and find a kilo
of cocaine
B) Payment to your probation officer in exchange for skipping a scheduled drug test
C) A gift from your mother to your kindergarten teacher in exchange for the teacher’s
passing you on to first grade
D) A request to the police officer who stopped you for speeding to have mercy on you
because your insurance will go up if you get another speeding ticket
E) both C and D
Mandy visits her mother’s house and sneaks a cigarette in the bathroom. She drops the
cigarette in the garbage can and leaves the house. The house subsequently burns to the
ground. Mandy may have committed the crime of:
A) arson.
B) felonious arson.
C) negligent arson.
D) stupidity.
E) Mandy did not commit a crime, because she lacked the intent to burn the house
down.
Which of the following constitute obstruction of justice?
A) Hiding, changing, or destroying documents related to a judicial proceeding.
B) Encouraging or giving false testimony.
C) Intimidation, threats, or harm to witnesses
D) Intimidation, threats or harm to judges, jurors, or others involved in a legal
proceeding.
E) all of the above
When DNA evidence is presented in court:
A) only the technician who processed the DNA may testify in compliance with the
Constitution’s confrontation clause.
B) the defense is not allowed to cross-examine the prosecution’s expert, but may present
its own.
C) it is presented because it is mandatory that every accused person have all relevant
DNA evidence presented at trial.
D) a simple data summary is sufficient because a thorough explanation would confuse
many jurors.
E) none of the above
Civil disobedience always involves:
A) corrupt politicians.
B) misbehaving policemen.
C) trespass.
D) a noble cause.
E) vandalism.
Gerome has two checking accounts at two banks across town from each other. Gerome
is paid on Fridays. On Wednesday, he must pay his electric bill. He has no money in
either account and knows it. He deposits a check drawn on Bank A into Bank B and
writes a check for the electric bill on Bank B. On Thursday, he deposits a check drawn
on Bank B into Bank A. On Friday, he deposits his paycheck in Bank B. The check is
more than enough to cover the electric bill check and the previous deposits and no
checks bounced. Gerome may have committed the crime of:
A) check kiting.
B) counterfeit check writing.
C) creative finance.
D) check alteration.
E) no crime, as the checks were all good by the time they cleared.
The possible outcomes of a preliminary arraignment are:
A) the prisoner is sentenced for his crime.
B) the prisoner is released on his or her own recognizance.
C) bail is set.
D) bail is denied.
E) B, C, and D.
Which branch of government has the power to make laws?
A) Legislative
B) Executive
C) Administrative agencies
D) Decisive
E) Judicial
States liquor laws regulate which of the following?
A) The drinking age, although states who wish to lower their drinking age risk losing
federal highway funds.
B) How much a person who is not driving may consume.
C) How much a person may drink in the privacy of his home.
D) Public drunkenness.
E) A and D.
Which of the following is an example of evanescent evidence?
A) a driver’s blood alcohol levels
B) illegal drugs in moving car
C) drugs in an apartment when police announce themselves and hear flushing sounds
D) skin under a murder suspect’s fingernails
E) all of the above
Eminent Domain is:
A) the concept that government can take property from private property owners under
certain limited circumstances.
B) a rap single by Eminem in which the rapper criticizes his former wife’s
housekeeping.
C) the concept that government can never take private property.
D) the seizure by private citizens of government land.
E) none of the above
The rule that a person can only be tried once for the same offense is _______________.
Discuss the controversy over euthanasia and living wills.
Under what circumstances, if any, should subjects be tried and convicted with an
evidentiary standard short of reasonable doubt?
A presumption that can be overcome by presenting evidence to the contrary is
a___________________ presumption.
Magistrates, justices of the peace, or municipal judges are referred to as _________
judiciary.
Sedition is a _____________ to overthrow, put down, or to destroy by force the
Government of the United States, or levy war against them, or to oppose the authority
thereof, or by force to prevent, hinder, or delay the execution of any law of the United
States, or by force to seize, take, or possess any property of the United States contrary
to the authority thereof.
Law enforcement officials will often withhold one piece of ________ from the public
and media, often something of which only the true perpetrator would know.
Very often an offender will receive a suspended sentence for a first offense.
What is the purpose of rape shield laws?
The _________ Law defines rape as forced sexual intercourse with a woman, not one’s
wife.
Some acts are crimes even if they cause no harm.
Police officers may issue arrest warrants.
An order moving jurisdiction from the court where the preliminary hearing took place
to the trial court is a_______________.
Mens rea always requires direct proof that the defendant intended the act he or she
committed.
A woman who refuses to leave her abusive spouse in the belief that she deserves the
abuse or it will stop suffers from _____________.
A person who procures clients for a prostitute is a ______________.
The _____________ defense may be used when a person in good faith relied of an
interpretation of law from a person charged with administering the law.
An omission can occur only when a person has a _________ to do something.
The Commerce Clause gives the federal government the right to regulate interstate
commerce.
The most common form of property ownership for married couples is ______________
.