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Law
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.
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.