Question 1

An ex post facto law is a law that

Accepted Answer

A)  requires a speedy trial. 
B)  operates retroactively. 
C)  is mandatory for due process. 
D)  prevents a person from being tried twice for the same crime. 
A)  requires a speedy trial. 
B)  operates retroactively. 
C)  is mandatory for due process. 
D)  prevents a person from being tried twice for the same crime. B

Question 2

In a criminal trial, the _______ has the burden of proof.

Accepted Answer

A)  defendant 
B)  prosecutor 
C)  judge 
D)  jury 
A)  defendant 
B)  prosecutor 
C)  judge 
D)  jury B

Question 3

If an attorney has a client accused of murder, the attorney must disclose which of the following even though told to the attorney by the client in confidence?

Accepted Answer

A)  The location of hidden bodies of persons the client has admitted to killing in a prior incident, but the attorney may not disclose the source of the information 
B)  Fantasies the client has about killing his wife 
C)  A convenience store robbery the client is planning in order to pay his legal fees 
D)  An admission of guilt by the client that was not prompted by the attorney 
A)  The location of hidden bodies of persons the client has admitted to killing in a prior incident, but the attorney may not disclose the source of the information 
B)  Fantasies the client has about killing his wife 
C)  A convenience store robbery the client is planning in order to pay his legal fees 
D)  An admission of guilt by the client that was not prompted by the attorney C

Question 4

The _______ can be filed before or after arrest.

Accepted Answer

A)  complaint 
B)  true bill 
C)  warrant 
D)  bail bond 
A)  complaint 
B)  true bill 
C)  warrant 
D)  bail bond

Question 5

What happens at the preliminary hearing?

Accepted Answer

A)  The accused is informed of charges and legal rights. 
B)  The accused is released or bound over for grand jury. 
C)  Bail is set. 
D)  Motions for discovery are filed. 
A)  The accused is informed of charges and legal rights. 
B)  The accused is released or bound over for grand jury. 
C)  Bail is set. 
D)  Motions for discovery are filed.

Question 6

At arraignment, the defendant

Accepted Answer

A)  is sentenced. 
B)  is indicted. 
C)  makes a plea. 
D)  is prosecuted. 
A)  is sentenced. 
B)  is indicted. 
C)  makes a plea. 
D)  is prosecuted.

Question 7

When a search warrant proves to be defective, items seized under the authority of the warrant

Accepted Answer

A)  must be suppressed under the exclusionary rule. 
B)  may not be suppressed if the defect is not attributable to the police. 
C)  may only be admitted into evidence if the jury is informed of the nature of the defect in the warrant. 
D)  will only be admitted into evidence in a bench trial. 
A)  must be suppressed under the exclusionary rule. 
B)  may not be suppressed if the defect is not attributable to the police. 
C)  may only be admitted into evidence if the jury is informed of the nature of the defect in the warrant. 
D)  will only be admitted into evidence in a bench trial.

Question 8

_______ prevents a person from being tried twice for the same crime in the same jurisdiction.

Accepted Answer

A)  Double jeopardy 
B)  Compulsory process 
C)  Ex post facto 
D)  Eighth Amendment 
A)  Double jeopardy 
B)  Compulsory process 
C)  Ex post facto 
D)  Eighth Amendment

Question 9

_______ refers to the power of the defendant in a criminal case to force a witness to attend trial under a subpoena issued by the court.

Accepted Answer

A)  Compulsory process 
B)  Bill of attainder 
C)  Speedy trial rule 
D)  Exclusionary rule 
A)  Compulsory process 
B)  Bill of attainder 
C)  Speedy trial rule 
D)  Exclusionary rule

Question 10

A trial for driving under the influence (DUI)

Accepted Answer

A)  invokes the U.S. Constitution's right to a jury trial because it is a criminal action. 
B)  may not require a right to a jury trial if the penalty makes it a "petty offense." 
C)  does not raise the U.S. Constitution's right to a jury because the Sixth Amendment only applies to federal prosecutions. 
D)  must be tried before a jury. 
A)  invokes the U.S. Constitution's right to a jury trial because it is a criminal action. 
B)  may not require a right to a jury trial if the penalty makes it a "petty offense." 
C)  does not raise the U.S. Constitution's right to a jury because the Sixth Amendment only applies to federal prosecutions. 
D)  must be tried before a jury.

Question 11

A(n) _______ law is a penal law that operates retroactively.

Accepted Answer

A)  ex post facto 
B)  bill of attainder 
C)  retributive 
D)  rehabilitative 
A)  ex post facto 
B)  bill of attainder 
C)  retributive 
D)  rehabilitative

Question 12

The Gideon v. Wainwright case dealt with

Accepted Answer

A)  the right to an impartial jury. 
B)  excessive bail. 
C)  assistance of counsel. 
D)  cruel and unusual punishment. 
A)  the right to an impartial jury. 
B)  excessive bail. 
C)  assistance of counsel. 
D)  cruel and unusual punishment.

Question 13

In the processing of a crime, which of the following is the first to occur?

Accepted Answer

A)  Arraignment 
B)  Indictment 
C)  Acquittal 
D)  Preliminary hearing 
A)  Arraignment 
B)  Indictment 
C)  Acquittal 
D)  Preliminary hearing

Question 14

In State ex rel. Thompson v. Pomponio , the court

Accepted Answer

A)  found that the former county prosecuting attorney should be disciplined for drafting Thompson's plea agreement, which was ambiguous and deficient in its construction. 
B)  found that Thompson's plea agreement violated his constitutional rights. 
C)  denied Thompson's writ of prohibition to prevent his prosecution on charges of breaking and entering because the plea agreement was unenforceable. 
D)  granted Thompson's writ of prohibition to prevent his prosecution on charges of breaking and entering, charges previously dismissed pursuant to a court-approved plea agreement. 
A)  found that the former county prosecuting attorney should be disciplined for drafting Thompson's plea agreement, which was ambiguous and deficient in its construction. 
B)  found that Thompson's plea agreement violated his constitutional rights. 
C)  denied Thompson's writ of prohibition to prevent his prosecution on charges of breaking and entering because the plea agreement was unenforceable. 
D)  granted Thompson's writ of prohibition to prevent his prosecution on charges of breaking and entering, charges previously dismissed pursuant to a court-approved plea agreement.

Question 15

What happens at arraignment?

Accepted Answer

A)  The defendant enters a plea. 
B)  Bail is set. 
C)  Probable cause is determined. 
D)  A writ of habeas corpus is filed. 
A)  The defendant enters a plea. 
B)  Bail is set. 
C)  Probable cause is determined. 
D)  A writ of habeas corpus is filed.

Question 16

In Griffin v. California (dealing with the privilege against self-incrimination), the U.S. Supreme Court held that

Accepted Answer

A)  Griffin's conviction should be upheld because he did not testify at trial. 
B)  the prosecution could not comment on Griffin's silence during the trial. 
C)  the prosecution could comment on the defendant's silence during the trial. 
D)  the prosecution could not comment on the defendant's silence during trial but the judge could instruct the jury that the defendant's silence is evidence of guilt. 
A)  Griffin's conviction should be upheld because he did not testify at trial. 
B)  the prosecution could not comment on Griffin's silence during the trial. 
C)  the prosecution could comment on the defendant's silence during the trial. 
D)  the prosecution could not comment on the defendant's silence during trial but the judge could instruct the jury that the defendant's silence is evidence of guilt.

Question 17

The purpose of a writ of _______ is to challenge the lawfulness of a detention by the government.

Accepted Answer

A)  mandamus 
B)  habeas corpus 
C)  certiorari 
D)  prohibition 
A)  mandamus 
B)  habeas corpus 
C)  certiorari 
D)  prohibition

Question 18

The purpose of bail is

Accepted Answer

A)  to punish the accused. 
B)  rehabilitation. 
C)  to ensure appearance of the defendant at trial. 
D)  to indict. 
A)  to punish the accused. 
B)  rehabilitation. 
C)  to ensure appearance of the defendant at trial. 
D)  to indict.

Question 19

Which of the following rules applies to criminal cases but not civil cases?

Accepted Answer

A)  Hearsay rule 
B)  Best evidence rule 
C)  Exclusionary rule 
D)  Plain meaning 
A)  Hearsay rule 
B)  Best evidence rule 
C)  Exclusionary rule 
D)  Plain meaning

Question 20

Which of the following is not a Miranda right?

Accepted Answer

A)  Right to remain silent 
B)  Right to have attorney present during questioning 
C)  Right to subpoena witnesses 
D)  Right to an appointed attorney 
A)  Right to remain silent 
B)  Right to have attorney present during questioning 
C)  Right to subpoena witnesses 
D)  Right to an appointed attorney

An ex post facto law is a law that

In a criminal trial, the _______ has the burden of proof.

If an attorney has a client accused of murder, the attorney must disclose which of the following even though told to the attorney by the client in confidence?

The _______ can be filed before or after arrest.

What happens at the preliminary hearing?

At arraignment, the defendant

When a search warrant proves to be defective, items seized under the authority of the warrant

_______ prevents a person from being tried twice for the same crime in the same jurisdiction.

_______ refers to the power of the defendant in a criminal case to force a witness to attend trial under a subpoena issued by the court.

A trial for driving under the influence (DUI)

A(n) _______ law is a penal law that operates retroactively.

The Gideon v. Wainwright case dealt with

In the processing of a crime, which of the following is the first to occur?

In State ex rel. Thompson v. Pomponio , the court

What happens at arraignment?

In Griffin v. California (dealing with the privilege against self-incrimination), the U.S. Supreme Court held that

The purpose of a writ of _______ is to challenge the lawfulness of a detention by the government.

The purpose of bail is

Which of the following rules applies to criminal cases but not civil cases?

Which of the following is not a Miranda right?

Law and the Profession of Law

Ethics

Sources of the Law Cases

Sources of the Law Legislation

Trial and Appellate Courts

State and Federal Courts

Procedure in Civil Cases

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Exam 8: The Law of Criminal Procedure

An ex post facto law is a law that

In a criminal trial, the _______ has the burden of proof.

If an attorney has a client accused of murder, the attorney must disclose which of the following even though told to the attorney by the client in confidence?

The _______ can be filed before or after arrest.

What happens at the preliminary hearing?

At arraignment, the defendant

When a search warrant proves to be defective, items seized under the authority of the warrant

_______ prevents a person from being tried twice for the same crime in the same jurisdiction.

_______ refers to the power of the defendant in a criminal case to force a witness to attend trial under a subpoena issued by the court.

A trial for driving under the influence (DUI)

A(n) _______ law is a penal law that operates retroactively.

The Gideon v. Wainwright case dealt with

In the processing of a crime, which of the following is the first to occur?

In State ex rel. Thompson v. Pomponio , the court

What happens at arraignment?

In Griffin v. California (dealing with the privilege against self-incrimination), the U.S. Supreme Court held that

The purpose of a writ of _______ is to challenge the lawfulness of a detention by the government.

The purpose of bail is

Which of the following rules applies to criminal cases but not civil cases?

Which of the following is not a Miranda right?

Law and the Profession of Law

Ethics

Sources of the Law Cases

Sources of the Law Legislation

Trial and Appellate Courts

State and Federal Courts

Procedure in Civil Cases

Criminal Law

Torts Personal Injury and Compensation

Contracts and Commercial Law

The Law of Property

Family Law

Administrative Law and Procedure

Filters