What principle was stated in the decision for the case Duncan v. Louisiana?
A) States must provide trial by jury as an option for anyone accused of a capital crime.
B) States have autonomy from the federal government. As such, they are not held to the
Constitutional requirement that governments must provide jury trials.
C) States, like the federal government, must provide trial by jury to ensure the proper
delivery of justice.
D) Although the states have this requirement, the federal government does not have to
provide a trial by jury to an accused person.
E) The federal government must try any case that could potentially punish the
defendant with more than six months of imprisonment.
Jurisprudence is:
A) the doctrine that makes lawyers cautious.
B) the study of law.
C) the concept that the Constitution functions to limit government action.
D) the doctrine that requires judges to follow legal precedents.
E) all of the above
Which of the following items is a prosecutor NOT required to provide to the defense
during discovery?
A) the defendant’s oral statements
B) the defendant’s written or oral statements
C) the defendant’s prior record
D) a copy of the prosecution’s opening statement
E) the names of any expert witnesses
The criminal act of marrying someone while you are married is:
A) polygamy
B) polyandry.
C) bigamy.
D) madness.
E) none of the above.
Battered wife syndrome includes:
A) the wife’s belief that she deserves the abuse.
B) fear of retribution if the victim leaves the abuser.
C) .the wife is unlikely to report abuse or will often recant their charges.
D) developing a condition called “learned helplessness.”
E) all of the above
To obtain a conviction for vagrancy, the prosecutor must prove:
A) the person failed to leave when asked.
B) the person was homeless.
C) the person didn’t reside within the municipality.
D) the person intended to panhandle, gamble, or commit some other criminal activity.
E) none of the above
Any decision to increase a prison sentence because of aggravating factors must be made
by the:
A) prosecutor.
B) defense attorney.
C) judge.
D) jury.
E) none of the above
Jack, who is separated from his wife, is locked out of his marital house because he lost
his keys. He is still an owner of the house. He breaks open a window in broad daylight
to enter and retrieves some of his belongings. While inside, he sees a new purchase by
his wife and becomes incensed at the thought that she is lavishing money on herself
while he must rent a small efficiency apartment to make ends meet. He takes the new
purchases and gives them to his new girlfriend. He is arrested and charged with
burglary. What possible defenses does he have?
A) He did not commit burglary because he did not enter under cover of darkness.
B) He did not commit burglary because he owns the house.
C) He did not enter with the intent to commit a felony.
D) Both A and B
E) Both B and C
Which of the following is NOT true concerning the Felony Murder Rule?
A) The felony that was attempted or committed must have involved a conspiracy.
B) The act that caused the death must have occurred while the felony was in progress.
C) There must be a direct causal connection between the felon and the death that
occurred.
D) The act must be a common law felony.
E) The felony that was attempted or committed must be one that is dangerous to life.
Law enforcement personnel may detain a person as a material witness under which of
the following circumstances?
A) An affidavit is filed in the case stating that the person’s testimony may be material to
the criminal proceeding.
B) It may be impractical to secure the witness’ presence by subpoena.
C) The witness is a foreign national
D) The witness is a terror suspect.
E) A and B
Under the objective standard for entrapment, the question to be answered is:
A) Was a crime committed?
B) Was the defendant predisposed to commit the crime?
C) Would an innocent person be induced to commit the crime by the officer’s acts?
D) Would a reasonable person be induced to commit the crime by the officer’s acts?
E) Did the government agent commit the crime first?
Which of the following is/are provisions of the McCarran-Walter Act of 1952?
A) Fewer immigrants were allowed into the U.S.
B) Immigration from “nonwhite” countries was severely curtailed.
C) Allows naturalized citizens to be stripped of their citizenship if they were judged to
be subversive.
D) Resident aliens could be deported if they engaged in specified political activities.
E) All of the above.
Which of the following are defenses to treason?
A) Duress
B) First Amendment Privilege
C) Immunity for Prosecution
D) Swearing an oath of allegiance to the United States
E) A, B, and C.
Under use immunity:
A) the state cannot use the person’s testimony against him.
B) the state agrees not to prosecute the person for any actions associated with the
testimony, as long as the person testifies truthfully.
C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for
his testimony.
D) the person may still refuse to testify without jeopardizing his immunity.
E) A and C
You have just purchased a television and a police officer has arrived at your door to
explain that the set is stolen. He asks you where you got the television. Which
explanation is least likely to land you in legal hot water?
A) You bought the television from a friend of a friend who claimed he was selling it for
his mother who is about to go into a nursing home, and you paid about 50% less than
fair market value.
B) You bought the television on sale from a national retailer and you have the receipt.
C) You bought the television from a pawnshop.
D) You bought the set on Ebay and paid $20 less than the same set sells for at a leading
national retailer.
E) You bought it from a stranger who rang your doorbell and paid about 25% of fair
market value.
Which events occur at an arraignment?
A) The defendant testifies before the grand jury.
B) A representative of the court reads the charges to the defendant.
C) The defense cross-examines prosecution witnesses.
D) The defendant enters a plea to the charges.
E) B and D.
Which of the following is true about habeas corpus?
A) It has been called the “Great Writ”.
B) The President may suspend it in times of “rebellion or invasion”.
C) Only Congress may suspend it.
D) It applies to non-American citizens captured in battle.
E) A and C only.
Which of the following are prongs of the Miller test?
A) Whether the average person, applying “contemporary community standards” would
find that the work, taken as a whole, appeals to prurient interest.
B) Whether the work displays or describes, in a patently offensive way, sexual contact
specifically defined by a state statute.
C) Whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.
D) Whether the average person, applying “contemporary community standards” would
find that the work, taken as a whole, is too violent to be seen by children.
E) A, B, and C only.
The standard of proof in a criminal trial is:
A) a preponderance of evidence.
B) beyond a reasonable doubt.
C) more likely than not.
D) absolute certainty.
E) none of the above.
You are an attorney defending Joe Smith, who has been charged with murder. The
policeman who first arrived at the scene testifies that he “knows Joe Smith is the
murderer” because the victim told him so before dying. What is your best course of
action?
A) You can do nothing because dying declarations are assumed to be true.
B) You can object and ask the answer to be stricken from the record because the
policeman can testify as to what was said, but may not offer any judgment about the
statement’s truthfulness.
C) You can ask on cross-examination how the policeman knows the victim was telling
the truth.
D) Your best move would be to ask for a recess to negotiate a plea bargain.
E) None of the above.
An assailant attacks the victim with a knife and stabs her in the arm, then runs away.
The assailant most likely will be charged with:
a. simple assault.
b. aggravated assault.
c. assault with intent to kill.
d. assault and battery.
e. none of the above
A broad form of protection in which the person cannot be prosecuted for any action
related to the testimony provided, as long as the person testifies truthfully, is called:
A) useful immunity.
B) use immunity.
C) transactional extradition.
D) transactional immunity.
E) transactional indictment.
Which of the following does NOT describe the exclusionary rule?
A) It provides police with an opportunity to search your home without major
limitations.
B) It is also known as “the fruit of the poisonous tree” doctrine.
C) It allows evidence that was obtained illegally, but in good faith, to be used in trial.
D) It is used to discourage the use of unreasonable searches in criminal investigations.
E) It prohibits the use of evidence obtained illegally in trial.
To enforce discovery requests, courts may:
A) order the recalcitrant party to permit the discovery or inspection; specify its time,
place, and manner; and prescribe other just terms and conditions.
B) grant a continuance.
C) prohibit the recalcitrant party from introducing the undisclosed evidence.
D) enter any other order that is just under the circumstances.
E) any of the above
What does a statute of limitation do?
A) sets a deadline for the commencement of criminal actions
B) sets a deadline for the destruction of DNA evidence after a verdict has been reached
C) sets a deadline for the commencement of a trial after the arrest of a suspect
D) sets a deadline for the use of DNA evidence before it can be destroyed
E) sets conditions limiting the use of DNA evidence to protect falsely accused
individuals
Which is an appropriate use of the defense of property rule?
A) electrifying a perimeter fence so that an intruder will receive an unpleasant buzz if
he or she attempts to scale the fence.
B) setting a piano wire across a path on private property to discourage snowmobiling
and dirt biking
C) setting a loaded gun trap designed to shoot an intruder while the occupant is not
home.
D) placing a vicious guard dog known for its propensity to bite inside one’s yard
E) None of the above are appropriate.
The theory that courts should “make the punishment fit the crime” is called:
A) indeterminate sentencing.
B) indefinite sentencing.
C) mandatory minimum sentencing.
D) proportionality.
E) enhanced sentencing.
A rural area announces a public policy initiative designed to increase the area’s
population called “boink for the boonies.” At the initial kickoff meeting, a particularly
enthusiastic couple has sex on the stage as the band plays. What crime have they
committed?
A) Public indecency or lewdness
B) Performing without a permit
C) Felony criminal conspiracy
D) No crime was committed.
E) Malicious mischief
Under transactional immunity:
A) the state cannot use the person’s testimony against him.
B) the state agrees not to prosecute the person for any actions associated with the
testimony as long as the person testifies truthfully.
C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for
his testimony.
D) the person may still refuse to testify without jeopardizing his immunity.
E) B and C
The retreat rule provides that:
A) a person must retreat rather than use deadly force, unless the person is at his or her
home or business.
B) most states have adopted the rule that there is no duty to retreat unless the retreat can
be made in complete safety.
C) a person must retreat even if he or she is at home or at his or her place of business.
D) both A and B
E) none of the above
A crime 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.
Murder, rape and robbery are typically considered:
A) summary offenses.
B) misdemeanors.
C) felonies.
D) serious crimes.
E) a typical night in Las Vegas.
Which of the the following are examples of tax evasion?
A) Failure to file a required tax return
B) Filing a fraudulent tax return
C) Making a late tax payment
D) Negotiating a settlement on back taxes
E) A and B
The case Gregg v. Georgia established that capital trials must be divided into two
phases. What is that type of trial called?
A) separated trial
B) multi-phased trial
C) biannual trial
D) bifurcated trial
E) bilateral trial
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
Until recently, defendants convicted of using crack cocaine received ___________
sentences than those convicted of using powder cocaine.
Describe the difference between simple assault and aggravated assault, listing the
elements of each crime.
Explain the term “heat of passion” as it applies to a murder case.
Define ‘suborning perjury” and what is has to do with Attorney Client Privilege.
A homeless person is sleeping on a park bench after the park is officially closed. The
sleeping man may be charged with the crime of homelessness.
When a person trusted with money to hold for another person converts it for her own
use, she is guilty of ______________.
A person who impedes or hinders the administration of justice in any way is guilty of
_______________.
A person who taps into their neighbor’s cable line to get free television is guilty of theft
of ______________.
Proving the defendant committed the crime in the _________ can often result in
reducing murder charges to manslaughter.
A criminal act performed with the aid of a computer is a ______________.
A confession unaccompanied by other evidence does not constitute _________.
What is the difference between voluntary manslaughter and involuntary manslaughter?
Given the same facts as the previous question, can the father be charged with a crime?
Since September 11, 2001, video surveillance has become much more widespread. The
increased surveillance benefits law enforcement, but does it infringe on personal
liberties?
Police power gives federal, state, and local governments the right to enforce laws.
The prohibition on cruel and unusual punishments descends from the ______________.