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Criminal Law
Q:
Rape shield laws prohibit chastity belts.
Q:
A ________________ is a group of men and women selected from the community to determine the truth.
Q:
Under federal law, each of the following may be contempt except:
A) misbehavior by the jurors during the court session.
B) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
C) misbehavior of any of the court's officers in their official transactions.
D) misbehavior of any person in a court's presence or so near thereto as to obstruct the administration of justice.
E) A defense attorney filing an objection.
Q:
Consent is always a defense to rape.
Q:
A motion for a new trial must be based upon ______________.
Q:
Perjury:
A) is the giving of false testimony in a judicial proceeding or an administrative proceeding.
B) must take place during a jury trial.
C) may include lying under oath.
D) none of the above
E) A and C only
Q:
In statutory rape, the consent of the underage partner is irrelevant.
Q:
A motion for judgment notwithstanding the verdict asks the judge to ____________________.
Q:
Obstruction of justice:
A) may include influencing jurors, destroying records, and lying to police officers conducting an investigation.
B) is strictly a federal crime.
C) is strictly a state crime.
D) may be proved by a preponderance of evidence.
E) none of the above
Q:
Incest is generally defined as sexual conduct between a father and a daughter.
Q:
A jury that cannot reach a verdict is said to be ___________________.
Q:
Which is true?
A) The Department of Justice has never issued a subpoena for a reporter's testimony.
B) The Department of Justice does not routinely issue subpoenas for reporters' testimony.
C) The reporter's privilege to protect sources is absolute.
D) The reporter's privilege to protect sources does not exist.
E) None of the above is true.
Q:
Today, rape laws apply to sexual assaults directed at both men and women.
Q:
A decision by a jury to ignore the law or the judge's instructions when deliberating is called _______________.
Q:
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
Q:
Until recently, the crime of rape did not include a sexual assault on one's wife.
Q:
Jury instructions are a standard form used in every trial.
Q:
Which is not true of impeachment?
A) Impeachment is a rare event.
B) Impeachment trials take place in the Senate.
C) A president who is impeached is immune from criminal charges arising out of the same incident for which he or she was impeached.
D) Two-thirds of the Senate must affirm the charges in the articles of impeachment in order for a conviction.
E) None of the above are false; they are all true.
Q:
You represent a man accused of rape. He claims the victim agreed to have sex with him, but then accused him of rape afterwards. What evidence could you introduce to support his claim?
A) Evidence that the woman entered his bedroom voluntarily
B) Evidence that the woman disrobed voluntarily
C) Nude texts she had sent him prior to their meeting
D) all of the above
E) none of the above
Q:
Savvy attorneys will place people whose presence in the courtroom is prejudicial on the witness list.
Q:
Which statement is incorrect concerning the impeachment of a president?
A) Impeachment articles are voted on in the House of Representatives.
B) Impeachment articles are voted on in the Senate.
C) A trial is held by the Senate, which requires a two-thirds super majority for conviction.
D) The charge must be that the object of impeachment has committed high crimes or misdemeanors.
E) Congress has never established a standard burden of proof, but rather leaves this up to each individual's conscience.
Q:
Which of the following pieces of evidence would be admitted under rape shield laws?
A) Evidence that the victim had previously had consensual sex with the defendant
B) Evidence that the victim engaged in sex with someone else shortly before the alleged attack as an explanation for vaginal injuries
C) Evidence the victim had sex with multiple partners within the last year
D) A and B only.
E) none of the above
Q:
Defense attorneys have the option of delivering their opening statement following the prosecution's opening statement, or after the prosecution has presented its case.
Q:
Using examples from the textbook, describe several incidents of terrorism in the United States, and the government response to those acts
Q:
The traditional definition of rape was:
A) sexual intercourse with an underage female.
B) sexual intercourse with anyone other than your wife.
C) forced sexual intercourse with a woman other than your wife.
D) forced sexual intercourse with anyone.
E) none of the above
Q:
Sequestration is the process of cutting off jurors from the outside world during the trial so that they remain impartial.
Q:
Should civil liberties be restricted in times of war?
Q:
Consent is a defense to incest:
A) when both parties are over the state's age of consent.
B) when the female is older than the male.
C) always
D) never
E) none of the above
Q:
A change of venue is when a jury from another jurisdiction is brought in to decide the case.
Q:
Why do you think the Founding Fathers set such high standards for conviction of treason?
Q:
Rape under Common Law never allowed for:
A) marital rape
B) male rape victims
C) female rapists
D) A, B, and C.
E) none of the above
Q:
In capital cases, attorneys can exclude jurors who are opposed to the death penalty.
Q:
Under what circumstances, if any, should subjects be tried and convicted with an evidentiary standard short of reasonable doubt?
Q:
Which of the following scenarios constitutes forcible fondling?
A) An adult sexually touching a young boy's penis.
B) A male supervisor groping a female employee's breasts against her will.
C) A male supervisor groping a male employee's buttocks against his will.
D) A female adult groping young boy's genitals against his will.
E) All of the above
Q:
An attorney uses a challenge for cause to exclude a juror for any reason or no reason at all.
Q:
Is it appropriate to subject non-citizens to military tribunals for acts allegedly carried out against American interest at home or abroad?
Q:
Which of the following meet the UCR's definition of sexual assault with an object (prior to 2013)?
A) A broomstick inserted into the victim's vagina against her will.
B) A sex toy inserted in the victim's mouth while sleeping.
C) A photoshopped image of a sex toy inserted into the victim's vagina.
D) An ice cube inserted into the victim's belly button against her will.
E) All of the above
Q:
At Common Law, the sheriff was authorized to conscript jurors from those passing by.
Q:
Knowingly and willingly providing classified information to a foreign government to the detriment of the United States is _____________.
Q:
A eighteen year-old boy is dating a fifteen year-old girl and they are sexually active. He is more than three years older than she is. Under what set of state laws would the boy be committing strict liability forcible sodomy?
A) Age of consent 14, age difference 4 years.
B) Age of consent 16, age difference 2 years.
C) Age of consent 17, age difference 4 years
D) Age of consent 14, age difference 3 years
E) All of the above
Q:
Members of all groups or classes may serve on juries.
Q:
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.
Q:
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
Q:
Jurors are selected from the state or district where the crime occurred.
Q:
The legal right of a person or group to challenge the conduct of another in a judicial forum is _________.
Q:
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
Q:
When an attorney moves to exclude a potential juror as part of his/her allotted peremptory challenges, there need not be any cause for eliminating that person. However, an attorney is not permitted to exclude any juror based on race or gender biases.
Q:
The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents is ___________________.
Q:
Which items would be admitted into evidence for the defense under a rape shield law?
A) An orgy the victim participated in ten years before the alleged rape
B) An orgy the victim participated in the week before the alleged rape that the alleged assailant knew nothing about
C) Nude photos of the victim she voluntarily sent to the alleged assailant's cell phone hours before the alleged rape
D) all of the above
E) none of the above
Q:
The literal meaning of voir dire is "to speak the truth."
Q:
Levying war against the United States, or in adhering to their enemies, giving them aid and comfort constitutes ___________ .
Q:
In a rape case, prosecutors must prove:
A) that a sex act took place.
B) that the sex act took place by force or threat of force.
C) the victim did not or could not consent to the act.
D) the victim did not enjoy the act.
E) A, B, and C.
Q:
A motion for recusal asks the prosecutor to restate the charges against the defendant.
Q:
A witness whose testimony is material to a criminal proceeding and who may not easily be subpoenaed is a ________________.
Q:
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.
Q:
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.
Q:
A military ___________ is a military court convened in times of emergency to try those accused of war-related crimes.
Q:
Under the Model Penal Code, rape is a male having intercourse with a woman other than his wife if:
A) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone.
B) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance.
C) the female is unconscious.
D) the female is less than ten years old.
E) all of the above
Q:
A grand jury must find that the accused committed the crime beyond a reasonable doubt in order to indict him/her.
Q:
______________, or the Great Writ, orders another authority to bring a person being held to court.
Q:
Which is true of rape shield laws?
A) Have been on the books for 200 years
B) Provide that the defense can inquire into recent sexual history to explain the presence of physical evidence such as semen
C) Provide that the defense cannot inquire about the victim's prior sexual contact with the defendant
D) Provide that at no time can the defense bring up the victim's past sexual conduct
E) all of the above
Q:
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.
Q:
Documents granting a private citizen the power to seize the subjects of a foreign state are ______________ .
Q:
The consent defense to charges of rape is most likely to work in which situation?
A) The victim was intoxicated, having imbibed a fifth of vodka over an evening on the town.
B) The victim is a relative aged 15.
C) The victim was a woman of the cloth over age 75.
D) The victim is a female aged 21.
E) None of the above
Q:
A defendant facing charges that are punishable by more than six months has no alternatives to a trial by jury.
Q:
In the Constitution, The power to declare war is reserved to ______________.
Q:
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
Q:
Every state crime requires a jury trial.
Q:
To get a sedition conviction, prosecutors must prove the defendant was part of a conspiracy.
Q:
Which of the following is probably a case of incest?
A) Non-consensual intercourse with a girl under age 18
B) Consensual intercourse between a man and his adult daughter
C) Consensual intercourse between a woman and her 10-year-old nephew
D) none of the above
E) both B and C
Q:
In the contemporary American judicial system, trial by jury is a guaranteed option for anyone accused of a crime that is punishable by over one year in prison.
Q:
A higher percentage of terror suspects are referred for trial now than in the immediate aftermath of 9/11.
Q:
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
Q:
The citizens in Athens, Greece had one of the first known juries in history.
Q:
There is no statute of limitations on terrorist offenses.
Q:
Explain the "deadly weapon doctrine" and discuss what makes something a deadly weapon.
Q:
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
Q:
Under the PATRIOT Act of 2001, wiretaps must be tied to a specific phone number.
Q:
Explain the term "heat of passion" as it applies to a murder case.
Q:
Grand juries:
A) investigate crimes.
B) can subpoena witnesses.
C) vote to issue indictments.
D) determine guilt or innocence.
E) A, B, and C.