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Criminal Law
Q:
Espionage is an example of criminalized treasonous behavior.
Q:
Discuss the controversy over euthanasia and living wills.
Q:
In response to a grand jury's actions, the defense can:
A) move to quash the indictment.
B) move for a change of venue.
C) move for a change of venire.
D) move to sever.
E) move to recuse.
Q:
The U.S. Supreme Court has ruled the government's surveillance under FISA to be constitutional.
Q:
What is the difference between voluntary manslaughter and involuntary manslaughter?
Q:
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
Q:
Treason charges are made often.
Q:
Discuss whether there are circumstances in which the killing of a human being may be justified?
Q:
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
Q:
Duress is a defense to treason.
Q:
A document setting forth directions regarding medical treatment should the person become unable to participate in health care decisions is called a ___________.
Q:
Which of the following statements is true concerning the difference between federal and state juries?
A) Federal juries always consist of twelve members, while some state juries may be as small as six.
B) Federal juries always require a unanimous verdict, while some state juries do not.
C) Federal juries hear cases concerning federal law violations, while state juries hear cases of alleged state law violations.
D) All of the above are true.
E) None of the above are true.
Q:
Sedition is the only crime specifically defined in the Constitution.
Q:
A driver believed to be responsible for a death in a traffic accident can be charged with ___________.
Q:
Which of the following may an attorney NOT do in a closing statement?
A) frame the evidence in the most favorable light
B) use the evidence to tell a story
C) point out inconsistencies in the other side's version of events
D) introduce new evidence
E) remind the jury of favorable evidence
Q:
Material witnesses can be subpoenaed, but not detained.
Q:
Proving the defendant committed the crime in the _________ can often result in reducing murder charges to manslaughter.
Q:
The Confrontation Clause requires that:
A) the defense be able to cross-examine all witnesses the prosecution puts on the stand.
B) the prosecution make available the technician who completed any DNA or forensic analysis report for cross-examination.
C) the defense has the right to cross-examine the prosecutor personally to uncover any prosecutorial misconduct.
D) the defense may dismiss jurors for cause.
E) A and B.
Q:
A federal prosecutor can never listen in on conversations between a prisoner and his attorney.
Q:
_________ manslaughter is a homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
Q:
The twelve men and women chosen to determine a defendant's guilt or innocence in a trial are called a:
A) dicastery
B) grand jury
C) petit jury
D) soup du jury
E) none of the above
Q:
U.S. residents are assumed to owe allegiance to the U.S. government.
Q:
Felony murder is based on the _________ theory.
Q:
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
Q:
The Patriot Act was passed during George Washington's tenure as President, and honored all those colonists who died in the War for Independence.
Q:
A defendant charged under the felony murder rule is often also be charged with criminal _________.
Q:
What occurs when the jury appears to have completely ignored the facts of the case and applied the law as they wish it to be written?
A) jury nullification
B) jury tampering
C) jury ignorance of the law
D) jury legislation
E) jury supposition
Q:
People designated as "enemy combatants' cannot appeal that designation in U.S. courts.
Q:
When a defendant injures someone other than who he intended to injure it is called _________ intent.
Q:
If a potential juror cannot be impartial because he/she knows about the case, knows the defendant's family, knows the victim, or any other people involved in the case, has already made a decision about the defendant's guilt or innocence, or admits to prejudice, he/she can be excluded from the jury. This exclusion is called a:
A) Challenge for Cause.
B) Challenge for Good Reason.
C) Preventative Challenge.
D) Peremptory Challenge.
E) Unlimited Challenge.
Q:
Treason is not defined in the Constitution.
Q:
An intent to kill is considered _________ aforethought.
Q:
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.
Q:
The CIA caught, tried and executed ten German saboteurs during World War II.
Q:
_________ evidence proves a fact by inference.
Q:
Beyond a reasonable doubt is:
A) the burden of proof stating that it is more likely than not that the defendant committed the crime for which he/she is accused.
B) the burden of the defendant to prove that the charges are untrue.
C) the burden of proof used by a petit jury.
D) the burden of proof used by a grand jury.
E) the burden of proof allowing for a ruling against a defendant in a civil trial.
Q:
Military tribunals are a novel idea first introduced after the attacks of September 11, 2001.
Q:
Homicide is the killing of a _________.
Q:
Bringing jurors from other locations into the court, to reduce the number of local jury members who may have heard information about the case before the trial, is called:
A) change of venue.
B) change of jury options.
C) change of location.
D) change of venire.
E) change of pants.
Q:
Habeas Corpus means "you have the body."
Q:
A person hiring a hit man to commit murder is an example of transferred intent.
Q:
The limiting of a juror's exposure to media coverage of the trial by separating them from society and monitoring their reading materials, television access, and such is called:
A) peremptory challenge.
B) defenestration.
C) change of venire.
D) sequestration.
E) just plain mean.
Q:
The Sedition Act of 1918 made it illegal to criticize the United States' role in the war effort during World War I.
Q:
From a prosecutor's point of view, circumstantial evidence is always better than direct evidences.
Q:
Which of the following sets of options are appropriate ways to minimize the impact of media publicity on potential jury members?
A) voir dire, sequester the jury and change the venue.
B) sequester the jury, change the venire, and change the venue
C) sequester the jury, peremptory challenges, and change the venue
D) challenges for cause, peremptory challenges, and change the venire
E) challenges for cause, peremptory challenges, and misdirect the media to a different courtroom
Q:
How many witnesses to a treasonous act does the Constitution require for proof?
A) None. This may be proven by circumstantial evidence.
B) One
C) Two
D) Three
E) The Constitution does not specify a number.
Q:
The Deadly Weapon Doctrine states that a person's use of a deadly weapon doctrine is proof of the intent to kill.
Q:
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.
Q:
The federal government's collection of intelligence from foreign governments and their agents is governed by the:
A) McCarran-Walter Act of 1952.
B) Foreign Intelligence Surveillance Act
C) PATRIOT Act of 2001.
D) Military Commissions Act of 2009.
E) Military Commissions Act of 2006.
Q:
Courts always accept dying declarations as true.
Q:
Which law requires that jurors for both grand and petit juries are selected at random from a fair cross-section of the community?
A) The Federal Jury Selection and Service Act of 1968
B) The Federal Voir Dire Act of 2004
C) Amendment Number 5 to The Federal Statute of Criminal Law of 1968
D) The California Criminal Code on Jury Selection and Service
E) The International Treaty of Grand and Petit Juries of 1943
Q:
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
Q:
Infanticide is the killing of a young or newborn child.
Q:
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.
Q:
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.
Q:
Two or more people who agree to commit a crime constitute a criminal conspiracy.
Q:
Define "suborning perjury" and what is has to do with Attorney Client Privilege.
Q:
Which of the following allows the government to establish internment camps in the event of national emergencies?
A) The Alien and Sedition Acts of 1798
B) The Habeas Corpus Act of 1863
C) The Sedition Act of 1918
D) The Smith Act of 1940
E) The McCarran Act of 1950
Q:
In order to charge a person with murder, there must be a dead body to show that a crime has actually been committed in the first place.
Q:
Explain the two types of immunity, and how they differ.
Q:
Which branch of government has the authority to declare war?
A) Executive branch
B) Legislative branch
C) Judicial branch
D) Military branch
E) none of the above
Q:
If a person cuts you off on the highway and then makes an inappropriate hand gesture in your direction, and you then follow him to his place of business and shoot him (causing him to die), you can legally claim to have done so in the heat of passion.
Q:
When a person is arrested, they have the right to an attorney. However, attorneys are very expensive. What happens if the person does not have the money to pay for an attorney?
Q:
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.
Q:
Sentences for manslaughter are much more severe than those for first-degree murder.
Q:
Explain the Miranda warning.
Q:
Under President Bush's post 9/11 executive order, military tribunals operate under which of the following rules?
A) The military commission sits as trier of fact ad law.
B) The presiding officer can admit any evidence that has "probative value to a reasonable person."
C) The Secretary of Defense designates the prosecutor and the defendant is entitled to an attorney.
D) The decisions for conviction and sentencing require a two-thirds majority vote of the tribunal.
E) all of the above
Q:
A murder that is committed out of necessity or duty without any criminal intent is called excusable homicide.
Q:
What methods and procedures should be in place in a law firm to protect the confidentiality of information obtained from persons who have an attorney-client relationship with attorneys in the firm?
Q:
Under President Bush's post 9/11 executive order, the president can order the detention of non-citizens for military tribunal trial if:
A) they are or were al-Qaeda members.
B) they were engaged in, aided or abetted, or conspired to commit acts of international terrorism.
C) they harbored individuals who committed the acts in A or B.
D) all of the above
E) none of the above
Q:
The killing of a person in extreme pain and/or suffering from an incurable sickness is called a living will.
Q:
The rule that protects material produced by an attorney in preparation for a trial, or the work product from discovery is the ___________.
Q:
Which of the following is/are actions that constitute adherence to the enemy in a treason prosecution?
A) Selling goods to an agent of an enemy of the United States of America.
B) Statements praising the enemy.
C) Residing in an enemy country.
D) Delivery of prisoners to the enemy, unless under a death threat that was likely to be carried out.
E) All of the above.
Q:
Voluntary manslaughter is a term describing a homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
Q:
A _____________ is an agreement between the prosecution and a defendant that spells out that the defendant will cooperate in the prosecution of others in the same or related criminal activity, usually in exchange for a recommendation of leniency to the court.
Q:
Which is not an element of sedition?
A) Conspiracy, which is an agreement between two or more persons to engage in a criminal act
B) Communicating a call to arms through any means of communications
C) Acting to prevent, delay or hinder the execution of the law
D) Intent to overthrow the government of the United States
E) Using force to oppose the authority of the United States
Q:
The rule that a death which occurs by accident or chance during the course of the commission of a felony will be classified as first degree murder is called the "Unintentional Murder Rule."
Q:
The most beneficial type of immunity for a defendant is _________ immunity.
Q:
All of the following are examples of terrorism except:
A) forest fires set by anarchists in Oregon in 1995.
B) anarchists within the U.S. sending mail bombs in 1919-1920.
C) the bomb attack by Timothy McVeigh on the Alfred P. Murrah Federal Courthouse in Oklahoma City, Oklahoma in 1995.
D) Al Queda attacks on the World Trade Center and the Pentagon on September 11, 2001.
E) All of the above are true.
Q:
In order for a person to be convicted of first-degree murder, the jury must find that he/she had intended to kill the victim.