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Home » Law » Page 266

Law

Q: List the abuses by the English monarchy and the corrections of those abuses remedied by the U.S. Constitution.

Q: Discuss how habeas corpusdefines/limits our judicial process for enemy combatants.

Q: The Magna Carta greatly influenced the American Declaration of Independence. Discuss, in detail, the ideals incorporated from the Magna Carta into the Declaration.

Q: The Magna Carta began the development of the legal concept that there had to be _____ cause to justify arresting or holding a person in custody.

Q: Protection against illegal search and seizure is guaranteed by the _____ Amendment.

Q: Extensive listings of individual rights are found in the Fifth and _____ Amendments.

Q: The _____ Amendment gives defendants a right to notice of the charges, a right to counsel, and a right to confront and cross-examine adverse witnesses.

Q: The rules of _____ determine what information can be presented to the judge and/or jury.

Q: The _____ Amendment gives defendants a right to a speedy and public trial.

Q: Through operation of the _____ Amendment, most of the Bill of Rights' provisions are also applicable against the states.

Q: Under American law, the prosecution must prove the defendant's guilty beyond a _____ doubt.

Q: The formal charging document issued by a grand jury is called a(n) _____.

Q: Under American law, the defendant is entitled to the presumption of _____.

Q: The First ten Amendments to the U.S. Constitution are called the _____.

Q: The writ of _____ is a means of challenging the government's authority to detain or imprison people.

Q: The English _____ of 1215 was an important step in limiting government power and granting rights.

Q: Prior to the Norman invasion of England, the use of _____ was a common method of determining guilt or innocence.

Q: The first form of jury in English history was the _____ jury.

Q: Case 1.3Robert is at police headquarters being interviewed by detectives regarding a fire that destroyed his business. What was a friendly discussion suddenly turns adversarial when the detectives accuse him of starting the fire to collect insurance. They both tell him to think about what he wants to say about the crime and leave him alone in a locked interview room.At this point, it is clear that Robert is not free to go and is being accused of a crime by detectives, although they have not told him that he is under arrest. Which constitutional amendment governs Robert's detention at police headquarters?a. First Amendmentb. Second Amendmentc. Fifth Amendmentd. Fourth Amendment

Q: Case 1.3Robert is at police headquarters being interviewed by detectives regarding a fire that destroyed his business. What was a friendly discussion suddenly turns adversarial when the detectives accuse him of starting the fire to collect insurance. They both tell him to think about what he wants to say about the crime and leave him alone in a locked interview room.Which constitutional amendment would prohibit detectives from looking through Robert's cell phone texts without his consent?a. First Amendmentb. Second Amendmentc. Fifth Amendmentd. Fourth Amendment

Q: Case 1.3Robert is at police headquarters being interviewed by detectives regarding a fire that destroyed his business. What was a friendly discussion suddenly turns adversarial when the detectives accuse him of starting the fire to collect insurance. They both tell him to think about what he wants to say about the crime and leave him alone in a locked interview room.Which constitutional amendment protects Robert from self-incrimination?a. First Amendmentb. Second Amendmentc. Fifth Amendmentd. Fourth Amendment

Q: Case 1.2It is 1166 A.D. and English Lord William Smith has been accused of crimes against the Crown by Lord Richard Mason. He has been brought before the King to answer and be judged for his alleged crimes. If found guilty of the alleged crimes, he will most likely be put to death.If Lord Smith was being tried for a crime today is the United States, what level of proof would be necessary for a conviction?a. mere suspicionb. probable causec. preponderance of the evidenced. proof beyond a reasonable doubt

Q: Case 1.2It is 1166 A.D. and English Lord William Smith has been accused of crimes against the Crown by Lord Richard Mason. He has been brought before the King to answer and be judged for his alleged crimes. If found guilty of the alleged crimes, he will most likely be put to death.What 1215 legal document would have provided Lord Smith additional legal protections?a. The Bill of Rightsb. The Code of Hammurabic. The British Constitutiond. The Magna Carta

Q: Case 1.2It is 1166 A.D. and English Lord William Smith has been accused of crimes against the Crown by Lord Richard Mason. He has been brought before the King to answer and be judged for his alleged crimes. If found guilty of the alleged crimes, he will most likely be put to death.Under the system of his time, what legal defense could Lord Smith use to prove his innocence?a. a trial by jury of his peersb. a writ of Habeas Corpusc. trial by battled. interrogation by clergy

Q: Case 1.1Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that Bob had been drinking. He is arrested for DWI. Secondary to the arrest, the officer searches Bob and finds a significant amount heroin on Bob's person. Bob is additionally charged with possession and distribution of heroin.What is the requisite level of proof to convict Bob on the charges of possession and distribution of heroin?a. mere suspicionb. probable causec. preponderance of the evidenced. proof beyond a reasonable doubt

Q: Case 1.1Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that Bob had been drinking. He is arrested for DWI. Secondary to the arrest, the officer searches Bob and finds a significant amount heroin on Bob's person. Bob is additionally charged with possession and distribution of heroin.What is the level of proof needed for the officer to arrest Bob in the first place?a. an anonymous accusation that Bob has committed a crimeb. probable cause or "reasonable grounds to believe"c. a preponderance of evidence.d. the officer's mere suspicion that Bob might be doing something wrong

Q: Case 1.1Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that Bob had been drinking. He is arrested for DWI. Secondary to the arrest, the officer searches Bob and finds a significant amount heroin on Bob's person. Bob is additionally charged with possession and distribution of heroin.In the above scenario, which constitutional amendment covers the recovery of heroin found on Bob as a result of his arrest for DWI?a. the section of the Sixth Amendment, that provides that "the accused shall enjoy the right to a speedy and public trial"b. the section of the Sixth Amendment that provides that persons charged with a state or federal crime have the right to counselc. the Fourth Amendment, that forbids unreasonable searches and seizures by officers of the federal and state governmentsd. the Fifth Amendment, that specifies the right of the defendant to remain silent

Q: A suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," within _____ hours of the arrest, including weekends and holidays. a. 24 b. 36 c. 48 d. 72

Q: The federal government requires a trial within _____ days for a felony unless the requirement for a speedy trial is waived. a. 30 b. 60 c. 70 d. 90

Q: The Bill of Rights originally applied to the _____ government. a. federal b. state c. municipal d. county

Q: The _____ was the earliest legal procedure by which illegal or improper jailing or detention could be challenged in a court of law. a. Appeal b. Inquisition c. Magna Carta d. Writ of Habeas Corpus

Q: Therules of evidence are important not only to safeguard the rights of accused persons in a fair trial but also to ensure _____.a. the protection of public interests in the criminal justice systemb. that the accused receives a perfect trial in a timely fashionc. that jurors are protected from viewing distressing evidenced. that there is no chance of an appeal once an individual is convicted

Q: Because it is not required by the U.S. Constitution, only about half the states give defendants a right to _____. a. confront and cross-examine witnesses b. grand jury review c. have notice of the charges d. a speedy and public trial

Q: Under the Sixth Amendment, defendants have a right to a(n) _____ jury. a. favorable b. well-informed c. intelligent d. impartial

Q: Under American law, defendants have a right to a(n) _____ trial. a. error-free b. fair c. bench d. inquisitorial

Q: Through operation of the _____ Amendment, many provisions of the Bill of Rights now also limit the power of the states. a. Tenth b. Thirteenth c. Fourteenth d. Fifteenth

Q: The Confrontation Clause is found in the _____Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: The privilege against self-incrimination, which includes the right of a defendant not to testify, is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: The right to a speedy and public trial is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: Under American law, the defendant is presumed innocent and the government must prove guilt _____. a. by a preponderance of the evidence b. to a moral certainty c. beyond a reasonable doubt d. by clear and convincing evidence

Q: The first ten amendments to the U.S. Constitution are known as the _____. a. Habeas CorpusAct b. Bill of Rights c. Magna Carta d. Declaration of Rights

Q: The United States _____ guarantees protection of the writ of habeas corpus.a. Bill of Rights habeas corpus.b. Constitutionc. Declaration of the Rights of Mand. Magna Carta

Q: According to the American Declaration of Independence (1776), the government derives its powers from _____. a. divine right b. natural law c. the people by their consent d. the common law

Q: The English common law writ (also adopted in the U.S.) that allowed challenges to the legality of custody or imprisonment was the writ of_____. a. certiorari b. habeas corpus c. mandamus d. pro hac vice

Q: The Magna Carta of 1215 was the first document establishing _____. a. minimum standards for arrest and imprisonment b. the divine right of kings c. that the monarchy was the only source of personal rights d. the writ of mandamus

Q: In England, before the Norman invasion of 1066, guilt or innocence was determined by_____. a. presentment juries b. oaths and oath-helpers c. petit juries d. ordeals

Q: The rules of evidence _____. a. determine what information will be available to the judge or jury at trial b. dictate who can be selected for jury duty c. specify the punishment for crimes d. require that all defendants have access to habeas corpus

Q: One of the most deeply rooted traditions of modern Anglo-Saxon law is that an accused is innocent until proven guiltybeyond a reasonable doubt. a. True b. False

Q: Even a single error at a trial automatically entitles the defendant to a new trial. a. True b. False

Q: The Sixth Amendment affords defendants a right to confront and cross-examine witnesses. a. True b. False

Q: The Eighth Amendment prohibits unreasonable searches and seizures. a. True b. False

Q: The prosecution can subpoena defendants and require that they testify at their own criminal trials. a. True b. False

Q: The Sixth Amendment guarantees a speedy and public trial. a. True b. False

Q: The Fifth Amendment requires that defendants receive notice of any charges brought against them. a. True b. False

Q: The Sixth Amendment contains a right to counsel. a. True b. False

Q: Under American law, criminal defendants have a right to a perfect (error free) trial. a. True b. False

Q: The prosecution is required by law to prove the defendant's guilt beyond a reasonable doubt. a. True b. False

Q: In all states, a defendant has a right to grand jury review of the charges. a. True b. False

Q: In the United States, the defense carries the burden of proving the defendant is not guilty. a. True b. False

Q: When originally ratified, the Bill of Rights limited the powers of the federal government, but not the powers of the states. a. True b. False

Q: The first twelve Amendments to the U.S. Constitution are called the Bill of Rights. a. True b. False

Q: The U.S. Declaration of Independence states that governments derive their power from consent of the governed. a. True b. False

Q: The right of habeas corpusis protected by the U.S. Constitution. a. True b. False

Q: Habeas corpuswas established under the Magna Carta. a. True b. False

Q: A presentment jury is the same as a trial or petit jury. a. True b. False

Q: One of the purposes of the rules of evidence is to help assure that defendants get a fair trial. a. True b. False

Q: After conquering England in 1066, the Norman invaders instituted trial by ordeal. a. True b. False

Q: Constructive or indirect contempt is that which a. does not occur in the presence of the court or legislative body b. is done without wrongful intent c. occurs in the presence of the judge d. may be punished summarily

Q: Direct contempt is that which a. directly challenges the authority of the court or legislative body b. occurs in the presence of the judge or legislative body c. may be punished following a trial on the issue d. directly affects the defendant

Q: In 2010 Arizona passed a state statute which requires persons to carry valid a. immigration documents b. driver's licenses c. birth certificates d. proof of residency

Q: In 2010 Arizona passed a state statute aimed at a. illegal immigrants b. resident aliens c. legal immigrants d. minorities

Q: Which of the following is one of the purposes of the charge of criminal contempt? a. to punish the defendant for wrongdoing b. to compel the defendant to carry out the court's order c. to allow the defendant time to appeal d. to deter others

Q: The purpose of civil contempt is to a. punish the defendant b. compel the defendant to carry out the court's order c. allow the defendant to challenge the court's order d. rehabilitate the defendant

Q: Contempt requires a showing of what kind of disregard of the authority of a court or legislative body? a. willful b. negligent c. reckless d. accidental

Q: Failure to register is a felony immigration offense. a. Trueb. False

Q: It is a federal crime to use marriage as a means of evading the immigration laws of the United States. a. True b. False

Q: Obstruction of justice may be a violation of federal or state law. a. True b. False

Q: The crime of subornation of perjury is committed when another person is induced or knowingly permitted to testify falsely. a. True b. False

Q: Direct contempt may NOT be punished summarily. a. True b. False

Q: There is no contempt unless there is some sort of wrongful intent. a. True b. False

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