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Evidence: Guardrails of Justice

Evidence: Guardrails of Justice FINAL EXAM Evidence: Guardrails of Justice

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Question 1 of 25

1. Question
Which of the following are required for an officer to validly claim the “plain view” exception?
- Officer is in a place he has a right to be
- The evidence is clearly visible/not hidden
- The nature of the object is immediately apparent
- All of the above
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Question 2 of 25

2. Question
“Stop and Frisk” laws come from what landmark 1968 US Supreme Court case?
- Terry v. Ohio
- Miranda V. Arizona
- Gideon v. Wainwright
- Arizona v. Gant
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Question 3 of 25

3. Question
Which of the following is not a recognized privilege?
- The privilege against self-incrimination
- The Marital Privilege
- The Attorney-Client Privilege
- The immunity privilege
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Question 4 of 25

4. Question
Which US Constitutional Amendment guarantees a citizen’s right to have compulsory process for obtaining witnesses in his favor?
- 1st Amendment
- 3rd Amendment
- 6th Amendment
- 10th Amendment
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Question 5 of 25

5. Question
What is the definition of an affirmative defense?
- Legal excuse for committing a crime
- Winning legal argument
- A defense that affirms a constitutional right
- A motion to dismiss the case
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Question 6 of 25

6. Question
Modern self-defense statutes ALWAYS include a duty to retreat
- True
- False
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Question 7 of 25

7. Question
What are jury instructions?
- A packet of the applicable law the judge gives the jury at the end of the case
- The rules the jurors must follow while in court
- The final summation the attorney gives at the close of the case
- None of the above
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Question 8 of 25

8. Question
What does “fruit of the poisonous tree” mean in the law?
- Prosecution cannot comment on silence of defendant
- All evidence recovered after the illegal police action must be suppressed
- Judge cannot participate in plea negotiations
- Judge instructing jury to disregard last comment
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Question 9 of 25

9. Question
What is a curative instruction?
- Judge instructing jury to disregard last comment and give it no weight
- An appeal that cures a legal defect
- A motion the defense files to cure an improper search
- None of the above
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Question 10 of 25

10. Question
Which of the following challenges the legality of a search and seizure?
- Motion to Dismiss
- Motion to Suppress Statements
- Motion to Suppress Evidence
- Writ of habeas corpus
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Question 11 of 25

11. Question
What is a “reasonable ground of suspicion supported by circumstances strong enough in themselves to warrant a cautious person in belief that the named suspect is guilty of the offense charged?”
- Probable Cause
- Mens Rea
- Actus Reus
- None of the above
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Question 12 of 25

12. Question
What is a “vindictive sentence” in the law?
- A sentence the defendant finds to be too harsh
- judge who was involved in failed plea negotiations imposes a harsher sentence following trial than was contemplated during such negotiations
- A sentence higher than those given to a similar class of defendants with similar cases
- A sentence above the minimum mandatory required
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Question 13 of 25

13. Question
After losing at trial, what motions are generally filed by the defense?
- Motion for New Trial
- Appeal
- Motion for JNOV/Motion for Arrest of Judgment
- All of the above
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Question 14 of 25

14. Question
Which of the following are recognized exceptions to the 4th Amendment warrant requirement?
- Good-faith exception
- Inevitable discovery exception
- Both a and b
- None of the above
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Question 15 of 25

15. Question
Due Process is:
- The money you owe to file a civil case
- The procedure used to decide the tax refund you are due
- Fair treatment through the normal judicial system
- What happens when your library book is overdue
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Question 16 of 25

16. Question
What evidence is relevant?
- Any evidence that tends to prove or disprove a material fact at issue
- Any evidence that you need to prove your case
- Any evidence the you need to disprove the other side’s case
- Both b and c
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Question 17 of 25

17. Question
What is the burden of proof, on the state, in a criminal case?
- Preponderance of the evidence
- Beyond a reasonable doubt
- Clear and convincing evidence
- Abuse of discretion
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Question 18 of 25

18. Question
Which of the following is NOT a pre-trial motion commonly heard in criminal court?
- Motion to Suppress Evidence
- Motion to Suppress Statements
- Motion to Dismiss
- Motion for New Trial
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Question 19 of 25

19. Question
Mens Rea is
- The required mental state
- The intention or knowledge of wrongdoing that constitutes part of a crime
- Guilty knowledge
- All of the above
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Question 20 of 25

20. Question
Actus Reus is
- Action or conduct which is a constituent element of a crime
- The decision of an appeals court
- The reasoning behind a court’s decision
- None of the above
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Question 21 of 25

21. Question
What is the definition of hearsay?
- Gossip
- An out of court statement introduced to prove the truth of the matter asserted
- Second-hand information
- Something you heard someone else say
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Question 22 of 25

22. Question
FRE stands for
- First Rate Examination
- Found Results Equally
- Federal Rules of Evidence
- None of the above
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Question 23 of 25

23. Question
Which of the following is true
- Lay witnesses generally cannot give their opinion
- Expert witnesses can give their opinion
- Neither a nor b
- Both a and b
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Question 24 of 25

24. Question
Scientific Evidence is governed by which of the following cases
- Miranda
- Daubert
- Gant
- Johnson
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Question 25 of 25

25. Question
In the law, a privilege is
- the right of an individual not to disclose information about a particular event
- the right to present your case first
- the right to not be prosecuted
- the right to an attorney
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