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Law
Q:
It is possible for an act to have violated both federal and state laws at the same time.
Q:
At Common Law, a burglary could only occur ______________.
Q:
Explain some of the functions of the law.
Q:
The Department of Justice's Petite Policy prohibits state prosecutors from prosecuting a defendant on state charges if the federal law violated in substantially similar to a state one, and the federal government has prosecuted the defendant on the same charges.
Q:
When a person trusted with money to hold for another person converts it for her own use, she is guilty of ______________.
Q:
Magistrates, justices of the peace, or municipal judges are referred to as _________ judiciary.
Q:
The right to remain silent is provided in the Fifth Amendment.
Q:
To prove theft, prosecutors must prove the defendant intended to deprive the owner of the property ______________.
Q:
When Congress passes a law, it often instructs a federal agency or agencies to develop ___________ that provide guidance on how the law should be enforced.
Q:
A crime that punishes a person for mowing their lawn on Tuesdays, even on those Tuesdays occurring before the law was passed, is an example of a Bill of Attainder.
Q:
A person who taps into their neighbor's cable line to get free television is guilty of theft of ______________.
Q:
To issue an arrest warrant, a judge or magistrate must be convinced there is _________ that a crime was committed and the defendant committed it.
Q:
Evidence that is obtained through a search that violated the rights of the accused cannot be used in trial.
Q:
The most common form of property ownership for married couples is ______________ .
Q:
A government's power to enforce a law is called its _________ power.
Q:
Under the Seventh Amendment, "all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction" must be tried at the same time.
Q:
Property consists of a bundle of ______________.
Q:
The Constitution's Commerce Clause allows the federal government to regulate _________ commerce.
Q:
A police officer may search a vehicle if he/she has reasonable cause that would allow a warrant to have been issued if the officer had attempted to do so, because taking the time to seek a warrant would create the likelihood that the automobile would change location.
Q:
Most homicides in the U.S. involve guns.
Q:
The concept that federal law must take precedence over state and local law is called the _________ doctrine.
Q:
Searches are unreasonable if they unduly interfere with a person's expectation of privacy, such as a police officer's use of evidence that was in plain view.
Q:
The FBI often e-mails people asking for their social security numbers in order to assist with investigations.
Q:
Federal judges including Supreme Court justices may only be removed from office through the process of _________.
Q:
The Fourth Amendment provides protection against unreasonable searches and seizures, as a way to protect citizens from overzealous law enforcement officers and judges eager to secure criminal convictions.
Q:
Forensic accounting can be used in arson cases.
Q:
A person who wishes to have the Supreme Court hear a case must file a petition for _________.
Q:
A person is convicted of a crime and appeals. If the Appeals Court agrees with the convicted person, what possible actions could it take?
A) The Appeals Court could order a new trial.
B) The Appeals Court could order the person released and bar a new trial, because under the circumstances a new trial would constitute double jeopardy.
C) The Appeals Court always orders a new trial when it agrees with the convict's appeal.
D) The Appeals Court always orders the person released and bars a new trial when it agrees with the convict's appeal
E) either A or B
Q:
Forensic accounting can be used to investigate moneylaundering charges.
Q:
___________ are the most serious crimes.
Q:
A person is charged with murder. The jury in the case is unable to decide on a verdict. The judge declares a mistrial. Can the prosecution refile the murder charges?
A) No. Doing so would violate the Constitution's ban on double jeopardy.
B) No. Doing so would constitute a Bill of Attainder.
C) Yes. Jeopardy does not attach until a jury or judge acquits the defendant.
D) No. The evidence from the trial would now be excluded under the exclusionary rule.
E) Yes, but the charges must be filed at the federal level.
Q:
Prosecutors only have to prove that the defendant does not own the property, not that it belonged to a specific person
Q:
Criminal law protects __________ rights.
Q:
A person was tried for a murder three years ago and was acquitted. The police find new evidence showing the person was guilty. Can the person be charged for the same murder again?
A) No, because the evidence must be excluded as "fruit of the poisonous tree."
B) No, because to do so would be double jeopardy.
C) No, because to do so would constitute a bill of attainder.
D) Yes, because there is no statute of limitations on murder.
E) No, because evidence discovered that long after the crime would be evanescent evidence.
Q:
All identity thefts are accomplished over the Internet.
Q:
The school of jurisprudence that teaches that law is merely the accumulation of a society's traditions is the _________ School.
Q:
Which of the following is an example of evanescent evidence?
A) a driver's blood alcohol levels
B) illegal drugs in moving car
C) drugs in an apartment when police announce themselves and hear flushing sounds
D) skin under a murder suspect's fingernails
E) all of the above
Q:
Graffiti can never be a hate crime.
Q:
According to Blackstone, a behavior that is a crime because society has chosen to criminalize it is ___________
Q:
An officer arrests a person for an open bench warrant. During the arrest, he notices drug paraphernalia in the car. He files additional charges against the individual. The individual then notifies the judge that the warrant had expired, and showed being open on the police system in error. He claims since the officer had no valid probable cause, the drug paraphernalia should be excluded under the exclusionary rule. What will the court most likely rule?
A) The court would exclude the evidence as per the exclusionary rule, and drop the additional charges.
B) The court would allow the evidence, but note the objection as a basis for appeal.
C) The person would have the basis for a civil suit against the municipality for failing to keep their warrant database up-to-date
D) The evidence would be allowed in if the police proved they were acting in good faith when they made the discovery.
E) The evidence would be allowed in if the police could independently produce corroborating evidence.
Q:
Malicious mischief involves a threat to property only.
Q:
The study of law is known as _________.
Q:
Which of the following searches does not violate the Fourth Amendment?
A) A search is taking place at a roadblock where an accident had occurred, and the police are looking for a specific suspect or information that could help them find him.
B) Infrared cameras are being used to find greenhouses growing marijuana.
C) A GPS device is attached to a suspect's car to see where he goes.
D) A search for drugs is conducted on every car at a roadblock on a route where police believe there is heavy drug traffic.
E) A warrantless search of a residence is conducted where the resident is not a terror suspect.
Q:
Check kiting occurs when a person writes a bad check on one account and deposits it in another account of his.
Q:
Stare decisis requires a judge to follow a previous decision using the same or similar facts known as a _________.
Q:
Which of the following are exceptions to Mirandizing a suspect?
A) statements the suspect volunteers including confessions
B) routine questions such as age, name, address, etc.
C) questions asked in the interest of public safety
D) undercover officers
E) all of the above
Q:
A renter has a fee simple ownership interest in the property being rented.
Q:
English settlers in North America brought with them a well-developed system of justice known as _________.
Q:
What might a magistrate ask for, if a police officer is seeking a search warrant based on information provided by an informant?
A) the informant's name and address
B) other evidence corroborating the informant's information
C) nothing, since magistrates tend to take the police at their word when issuing search warrants
D) whether the officers have used the informant in the past, and whether the informant's information has been reliable
E) B and D
Q:
Federal law can only be used to prosecute cyber-criminals whose crimes originated in the United States.
Q:
The body of rules of conduct created by government and enforced by governmental authority is _________.
Q:
Which of the following is/are true concerning probable cause?
A) It is the standard of proof needed to arrest someone, pull over a vehicle, or get a search warrant.
B) It is more than a suspicion, but less than what is needed to convict.
C) It is the same standard as beyond a reasonable doubt.
D) A, B, and C
E) A and B only
Q:
The Supreme Court decision in District of Columbia v. Heller allows governments to continued to bar convicted felons and the mentally ill from possessing firearms.
Q:
Parole officers monitor convicts after they have served part of their sentence.
Q:
A police officer seeking a search warrant must present to the magistrate:
A) evidence showing that it is more than likely that a crime was committed.
B) evidence showing that it is more than likely that the place to be searched is connected to the crime.
C) evidence showing conclusively that a crime has been committed.
D) evidence showing conclusively that the place being searched is connected to the crime.
E) A and B.
Q:
Arson as a political act is protected under the First Amendment.
Q:
Most state judges are elected.
Q:
Which of the following is NOT true?
A) Only in cases that would create a manifest injustice if the defendant were allowed to go free, does the federal government prosecute an individual who has already been tried and convicted or acquitted of an act that is a state crime and also a federal crime.
B) Defendants can be compelled to provide some forms of physical evidence that can be used against them at trial.
C) Police who have obtained a valid warrant may search property on tribal lands.
D) If a search warrant is obtained and used, and later shown to have been flawed in some way, the police may not use the evidence obtained even though they took that evidence in good faith.
E) To meet Constitutional standards, a search warrant must describe specifically "the place to be searched and the persons or things to be seized."
Q:
In most states currently, burning down your own property with the intent to collect the insurance is fraud, but not arson.
Q:
Treaties are not a source of American law.
Q:
Select the option below that does NOT describe a Terry stop, also called a "stop and frisk" stop.
A) The name of the stop is based on a case in Ohio, in which a police officer stopped and frisked two men who seemed to be "casing" stores at night.
B) A person who is stopped by a police officer cannot refuse to give the officer his/her name.
C) A police officer may stop and frisk a person who appears to be of Arab descent because the police officer believes that he/she matches a description of a suspected terrorist from an All Points Bulletin.
D) A police officer may stop and frisk a person who had done specific acts that made the police officer suspicious that he/she committed a crime.
E) A police officer may stop and frisk a person who appears to be of Arab descent because the police officer thinks that he/she may be a terrorist based solely on that person's ethnic appearance.
Q:
Most states still require that a burglary occur after sunset and before sunrise; if it does not, the crime is robbery.
Q:
Common law has the same origins as the Napoleonic Code.
Q:
Define "exigent circumstance."
A) a situation that requires urgent action, sufficient to excuse a delay in obtaining a warrant.
B) a situation in which a police officer violates a general rule or standard
C) a situation in which a criminal violates general rules or standards
D) an extraordinary circumstance that cannot be explained by the normal rules of physics
E) a circumstance in which a police officer is in hot pursuit of a burglar caught in the act
Q:
Burglary at Common Law was the breaking or entering of the dwelling house of another at night with the intent to commit a felony once inside.
Q:
District Attorneys use a nol pros motion when they drop charges against an individual.
Q:
Which one of the following options does NOT describe the Right to Privacy?
A) It was first discussed by Justice Brandeis in 1927 as "the right to be left alone."
B) It is not explicitly given in the U.S. Constitution.
C) It is derived from the combination of other Constitutional Amendments and previous case law.
D) It is provided for directly in the Fourteenth Amendment.
E) It has provided the legal basis for combating laws that discriminate against homosexuals.
Q:
Law enforcement officers catch most auto thieves.
Q:
Police officers may issue arrest warrants.
Q:
Which of the following is an example of a Bill of Attainder?
A) Bed linens sold within the United States must first be inspected by storeowners for purity of the materials.
B) Members of the KKK shall not be permitted to purchase bed linens at any store.
C) No store shall sell bed linens to customers on Saturdays or Sundays.
D) A store shall charge the same price for the same bed linens, regardless of who the customer might be.
E) There shall be no protest events held within twenty feet of the entrance of any store that sells bed linens.
Q:
The crime of theft generally requires only the taking of someone else's property.
Q:
State laws cover interstate crimes.
Q:
Select which of the following is an example of an ex post facto law.
A) Anyone who has ever owned a vehicle that polluted the environment, beginning in 1950 until the current year, will be subject to a $200 fine for each year of vehicle ownership payable to the Environmental Protection Agency. This law shall take effect in three months from the time of passing through both legislative bodies.
B) Anyone owning a vehicle that pollutes the environment will be subject to three months in prison. This law shall take effect in three months from the time of passing through both legislative bodies.
C) Anyone who murders another person with malice aforethought will be punished by a fine of $4,000 payable to the nearest family member of the victim. This law shall take effect in three months from the time of passing through both legislative bodies.
D) Anyone who murders another person with malice aforethought will be punished by four years of imprisonment. This law shall take effect in three months from the time of passing through both legislative bodies.
E) Anyone who commits three felony violations will be sentenced to lifetime imprisonment, so long as the third felony violation occurred after the time of this bill's passing.
Q:
Another word for personal property is chattel.
Q:
Police power gives federal, state, and local governments the right to enforce laws.
Q:
Double Jeopardy is:
A) prohibited by the Third Amendment.
B) legal in the U.S. if a person has violated a federal law.
C) a person being re-tried after the declaration of a mistrial.
D) a person being tried in civil court after a previous criminal court ruled the person innocent concerning the same act.
E) a person facing criminal charges after a previous criminal court ruled the person innocent concerning the same act.
Q:
Real property consists of land only.
Q:
The Commerce Clause gives the federal government the right to regulate interstate commerce.
Q:
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.
Q:
In District of Columbia v. Heller, the U.S. Supreme Court ruled that:
A) the District of Columbia could have an absolute prohibition on handguns.
B) the Second Amendment protects the individual right to bear arms.
C) state and local governments may not pass any law restricting handgun usage.
D) U.S. citizens could openly carry handguns anywhere.
E) all of the above