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Law
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.
Q:
A limited form of immunity where the person's testimony cannot be used as evidence against him or her is ___________________.
Q:
Under the PATRIOT Act of 2001, which is not part of the definition of domestic terrorism?
A) Activities which occur primarily within U.S. jurisdiction
B) Activities intended to intimidate or coerce a civilian population
C) May be communications such as emails, internet postings, or videotapes used to recruit others to join the war against America and American interests at home or abroad
D) Activities intended to influence government policy by intimidation or coercion, or to affect government conduct by mass destruction, assassination, or kidnapping
E) Activities which involve criminal acts dangerous to human life
Q:
Corpus delicti is a term referring to the facts that show that a crime has been committed.
Q:
An order moving jurisdiction from the court where the preliminary hearing took place to the trial court is a_______________.
Q:
Which is not a feature of the PATRIOT Act of 2001?
A) Aliens may be detained for up to 7 days without being charged with any crime.
B) A 40-year statute of limitations is set for acts of domestic or international terror.
C) "Roving wiretaps" can be obtained to follow the person whose conversations are sought, rather than being linked to a specific phone only.
D) Prohibition against harboring any person knowing or having reasonable grounds to believe that such person has committed or is about to commit a terrorism offence.
E) Subpoenas can allow law enforcement to seize voicemail and electronic communications.
Q:
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.
Q:
A document issued by a judge ordering law enforcement officers to arrest a specific person is a ________________ .
Q:
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.
Q:
Living Wills are:
A) documents allowing individuals to give away assets while still alive in order to avoid inheritance taxes.
B) documents allowing individuals to give away assets prior to entering a nursing home so they can qualify for Medicare subsidies.
C) document where an individual sets forth directions regarding medical treatment to be given if the individual becomes unable to participate in decisions regarding health care.
D) A and B.
E) None of the above.
Q:
An __________________ is the written accusation claiming that a specific person committed a specific crime or crimes..
Q:
Which of the following is true of the Military Tribunals Act of 2009?
A) All enemy combatants will be tried in federal courts.
B) Military tribunals must use federal court rules of evidence.
C) All enemy combatants are to be set free or returned to their native countries resulting in the closing of Guantanamo Bay's detention center.
D) The Act creates a presumption against admitting testimony obtained through torture.
E) The Act permits waterboarding of witnesses to obtain testimony.
Q:
Euthanasia refers to:
A) young Chinese people.
B) assisted suicide.
C) mercy killing of the terminally ill.
D) verdicts handed down by death panels.
E) B and C only.
Q:
The limited right to be released from prison pending trial after posting enough security to assure appearance at the time of trial is the ____________________.
Q:
Military tribunals:
A) are a post 9/11 innovation.
B) were used by President Lincoln during the Civil War.
C) were used during World War II.
D) have been ruled unconstitutional by the Supreme Court.
E) both B and C
Q:
The court appearance shortly after the suspect's arrest where the suspect is informed of specific rights is the___________________.
Q:
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
Q:
Which of the following are necessary to prove a "heat of passion" defense?
A) There must be adequate provocation.
B) The defendant and victim must have been romantically involved.
C) There must have been no opportunity to cool off.
D) There must be a causal connection between the provocation, the rage, anger, and the fatal act.
E) A, B, and D are correct.
Q:
The right embodied in the Fifth Amendment that allows an accused person to remain silent is the right _______________.
Q:
Congress has the power under the Constitution to:
A) grant letters of Marque and Reprisal.
B) declare War.
C) call up the militia.
D) raise and support armies.
E) all of the above
Q:
What do prosecutors have to prove to get a conviction for lesser degrees of murder than first-degree murder?
A) The defendant had the intent to do bodily harm.
B) The defendant was reckless in his or her behavior.
C) The defendant intended to kill the victim.
D) A and B only.
E) A, B, and C.
Q:
The first legal proceeding after being arrested is the preliminary hearing.
Q:
Which of the following is not necessary to convict a person of treason?
A) The perpetrator must owe allegiance to the United States.
B) The perpetrator must adhere to the enemy and render the enemy aid and comfort.
C) The perpetrator must be a native-born or naturalized citizen of the U.S.
D) The enemy involved must be in a state of open hostility with the U.S.
E) The perpetrator must commit an overt treasonous act.
Q:
Which of the following can be evidence of "malice aforethought"?
A) proof the defendant planned the murder over time
B) proof the defendant became enraged at the victim (or intended victim) just before the murder
C) the defendant's use of a deadly weapon
D) the defendant's lying in wait for the victim
E) all of the above
Q:
The right to remain silent is not without limits.
Q:
What role, if any, should government play in controlling gambling?
Q:
Which of the following is/are true about dying declarations?
A) Dying declarations are never admissible because the person making the statement cannot be cross-examined
B) Dying declarations are never admissible because of the hearsay rule.
C) The person hearing the dying declaration can testify as to what was said, but not the statement's truthfulness.
D) Dying declarations are exceptions to the hearsay rule
E) Both C and D are true.
Q:
Confessions may only be used against a defendant if the prosecution can show they followed the procedures laid out in Miranda, and they did not coerce or otherwise extract a confession from the defendant.
Q:
Does your state sponsor a legal gambling enterprise such as a lottery? How does the public benefit or how is it harmed by that enterprise. If your state does not have such a program, should it?
Q:
Under Oregon's Death with Dignity Act, which of the following would constitute a legally assisted suicide?
A) A husband who is not a doctor shoots and kills his terminally ill wife.
B) A medical doctor pushes a terminally ill person off the roof of a tall building.
C) After obtaining statements from two doctors attesting that a man had less than six months to live, that he has freely chosen to die, and he is able to make critical health decisions, a doctor provides the man with sufficient pills to end his life.
D) After obtaining statements from two doctors attesting that a man had less than six months to live, that he has freely chosen to die, and he is able to make critical health decisions, doctors stop providing any medical care.
E) None of the above.
Q:
A person is in custody if he or she is not free to leave.
Q:
Should states be allowed to regulate sexual conduct between individuals?
Q:
Which of the following would constitute a criminal conspiracy?
A) Five people agree to hold a legal protest outside a public building.
B) A man plans to rob a bank.
C) Eleven people agree to work together to rob a casino.
D) Eleven people agree to work together to pass a piece of legislation.
E) none of the above
Q:
The Speedy Trial Act of 1974 set strict time limits to try defendants in the federal system.
Q:
Those convicted of certain drug violations lose the right to receive student grants and loans for college. What is the rationale for such penalties, and do they serve a valid purpose?
Q:
The unintentional killing of a human being by a person engaged in doing some unlawful act not amounting to a felony, or in doing some lawful act in a manner tending to cause death or great bodily injury is called:
A) involuntary manslaughter.
B) voluntary homicide.
C) unintentional manslaughter.
D) involuntary homicide.
E) intentional murder.
Q:
Statutes of limitation determine how much time can pass after a crime has been committed, within which a person can be prosecuted for that crime.
Q:
Identify some crimes that could be considered "victimless" crimes and justify why they are or are not.
Q:
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.
Q:
Most states require defendants to be tried within a year of being arrested.
Q:
A woman who refuses to leave her abusive spouse in the belief that she deserves the abuse or it will stop suffers from _____________.
Q:
Which of the following statements is NOT true of corpus delicti?
A) Circumstantial evidence alone can never be sufficient to show that a crime has been committed.
B) The requirement for corpus delicti can be satisfied even if a body is not found.
C) There is a requirement that the state must prove beyond a reasonable doubt that a crime has indeed been committed.
D) Signs of struggle and/or a witness of an argument or violent struggle between the accused and the victim are sufficient evidence that a crime has been committed.
E) Literally, corpus deliciti means "body of the crime."
Q:
Courts cannot compel a person to produce a DNA sample.
Q:
The act of sending nude photos over cell phones is called _____________.
Q:
What type of homicide occurs when a soldier kills an enemy combatant in the heat of battle?
A) criminal homicide
B) justifiable homicide
C) excusable homicide
D) conscientious objector
E) unpunished manslaughter
Q:
Because the law recognizes only husband-wife privilege, legally married same sex couples do not enjoy the same privilege.
Q:
The __________ determines whether a work is pornographic or not.
Q:
What is the murder of a newborn or very young child?
A) infanticide
B) euthanasia
C) homicide
D) abortion
E) murder
Q:
Any law enforcement official who questions you must read you the Miranda warning.
Q:
Internet gambling is illegal under the ___________________.
Q:
Which rule would apply in the following situation?
A man had decided to kill his wife for the insurance money. The couple went to an extremely crowded festival, where he cunningly pulled a small gun from his pocket and shot at his wife. He was certain that no one would see him do this among such a crowd. But his plan went wrong when his wife moved to the left and the bullet struck (and caused the death of) another person.
A) Res Gestae Theory
B) Felony Murder Rule
C) Exclusionary Rule
D) Negligent Homicide
E) Doctrine of Transferred Intent
Q:
If a person confesses to a crime, but was not first informed of his/her rights, the confession will be inadmissible at trial.
Q:
Until recently, defendants convicted of using crack cocaine received ___________ sentences than those convicted of using powder cocaine.
Q:
Homicide by vehicle is best classified as which of the following?
A) criminal homicide
B) unlawful act manslaughter
C) driving under the influence
D) involuntary manslaughter
E) criminal negligence manslaughter
Q:
The Supreme Court has ruled that the protection of conversations between a patient and his/her psychiatrist "serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem."
Q:
A drug considered dangerous under the law because of its effects, including intoxication, stupor, or addictive potential is a ________________.