Question 1

What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?

Accepted Answer

A)  The prosecutor must have an established record of making the same decision in substantively similar cases. 
B)  The prosecutor must have probable cause to believe the defendant committed the charged offense. 
C)  The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence. 
D)  The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense. 
A)  The prosecutor must have an established record of making the same decision in substantively similar cases. 
B)  The prosecutor must have probable cause to believe the defendant committed the charged offense. 
C)  The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence. 
D)  The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense. B

Question 2

Based on the concept of "new federalism," _____.

Accepted Answer

A)  the federal law is always given authority over state law, even if the state law grants more freedoms and liberties to the individual 
B)  the state law is always given authority over federal law, regardless of which law grants more freedoms and liberties 
C)  the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the individual 
D)  federal law is given authority over state law, unless the state law grants additional authority to the state government that is not recognized by the U.S. Constitution 
A)  the federal law is always given authority over state law, even if the state law grants more freedoms and liberties to the individual 
B)  the state law is always given authority over federal law, regardless of which law grants more freedoms and liberties 
C)  the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the individual 
D)  federal law is given authority over state law, unless the state law grants additional authority to the state government that is not recognized by the U.S. Constitution C

Question 3

To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________-the ability to raise a legal claim.

Accepted Answer

standing

Question 4

Competency to stand trial _____.

Accepted Answer

A)  must be determined before an individual can be arraigned 
B)  may be raised at any point during the trial but before a verdict is rendered 
C)  must be raised prior to any evidence being hears 
D)  may be raised at any point of the proceedings, including after conviction 
A)  must be determined before an individual can be arraigned 
B)  may be raised at any point during the trial but before a verdict is rendered 
C)  must be raised prior to any evidence being hears 
D)  may be raised at any point of the proceedings, including after conviction

Question 5

In felony cases, the purpose of the initial appearance is to accept the defendant's plea.

Accepted Answer

A) True 
 B)False

Question 6

A court's authority to hold a trial is its _____.

Accepted Answer

A)  venire 
B)  original jurisdiction 
C)  appellate jurisdiction 
D)  venue 
A)  venire 
B)  original jurisdiction 
C)  appellate jurisdiction 
D)  venue

Question 7

The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.

Accepted Answer

A)  the prosecutor knowingly violated office policy 
B)  the District Attorney's Office knowingly drafted a policy that violated Brady 
C)  there the individual defendant was clearly damaged in some way 
D)  there was a pattern of violations 
A)  the prosecutor knowingly violated office policy 
B)  the District Attorney's Office knowingly drafted a policy that violated Brady 
C)  there the individual defendant was clearly damaged in some way 
D)  there was a pattern of violations

Question 8

The U.S. Supreme Court has not adopted a specific definition for the "beyond a reasonable doubt" standard.

Accepted Answer

A) True 
 B)False

Question 9

Explain what is meant by the term "demonstrative evidence."

Accepted Answer

Demonstrative evidence refers to evidenc

Question 10

The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.

Accepted Answer

A) True 
 B)False

Question 11

An affidavit can be described as a ______________.

Accepted Answer

The answer of An affidavit can be described as a...

Question 12

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called _____.

Accepted Answer

A)  error-prone evidence 
B)  circumstantial evidence 
C)  exculpatory evidence 
D)  impeachment material 
A)  error-prone evidence 
B)  circumstantial evidence 
C)  exculpatory evidence 
D)  impeachment material

Question 13

Draw a schematic diagram comparing the federal court system to your state's system. Describe the differences in the diagram of your state system against the text's diagram of the federal court system.

Accepted Answer

The federal court system and my state's

Question 14

Which statement most accurately describes the "inevitable discovery" exception to the exclusionary rule?

Accepted Answer

A)  If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be admissible, even though it was initially illegally obtained. 
B)  If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct. 
C)  The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized. 
D)  If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means. 
A)  If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be admissible, even though it was initially illegally obtained. 
B)  If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct. 
C)  The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized. 
D)  If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means.

Question 15

The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or she believes to be the law.

Accepted Answer

A) True 
 B)False

Question 16

Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?

Accepted Answer

A)  first notice 
B)  venue 
C)  arraignment 
D)  geographic subdivisions 
A)  first notice 
B)  venue 
C)  arraignment 
D)  geographic subdivisions

Question 17

The main purpose of the arraignment is to _____.

Accepted Answer

A)  indict the defendant 
B)  accept a plea from the accused 
C)  set bail for the accused 
D)  determine probable cause 
A)  indict the defendant 
B)  accept a plea from the accused 
C)  set bail for the accused 
D)  determine probable cause

Question 18

What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?

Accepted Answer

A)  fruit of the poisonous tree doctrine 
B)  preponderance of evidence 
C)  probable cause 
D)  good faith exception 
A)  fruit of the poisonous tree doctrine 
B)  preponderance of evidence 
C)  probable cause 
D)  good faith exception

Question 19

What rule of law requires exclusion of tainted evidence even if it is relevant?

Accepted Answer

A)  the exclusionary rule 
B)  good faith exception 
C)  attenuation doctrine 
D)  probable cause 
A)  the exclusionary rule 
B)  good faith exception 
C)  attenuation doctrine 
D)  probable cause

Question 20

A court which can try any type of case has _____.

Accepted Answer

A)  limited jurisdiction 
B)  appellate jurisdiction 
C)  general jurisdiction 
D)  certiorari 
A)  limited jurisdiction 
B)  appellate jurisdiction 
C)  general jurisdiction 
D)  certiorari

What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?

Based on the concept of "new federalism," _____.

To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________-the ability to raise a legal claim.

Competency to stand trial _____.

In felony cases, the purpose of the initial appearance is to accept the defendant's plea.

A court's authority to hold a trial is its _____.

The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.

The U.S. Supreme Court has not adopted a specific definition for the "beyond a reasonable doubt" standard.

Explain what is meant by the term "demonstrative evidence."

The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.

An affidavit can be described as a ______________.

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called _____.

Draw a schematic diagram comparing the federal court system to your state's system. Describe the differences in the diagram of your state system against the text's diagram of the federal court system.

Which statement most accurately describes the "inevitable discovery" exception to the exclusionary rule?

The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or she believes to be the law.

Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?

The main purpose of the arraignment is to _____.

What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?

What rule of law requires exclusion of tainted evidence even if it is relevant?

A court which can try any type of case has _____.

Individual Rights Under the United States Constitution

Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine and Special Needs Searches

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Postconviction Remedies

Filters

Exam 2: Criminal Courts, Pretrial Processes, and the Exclusionary Rule

What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?

Based on the concept of "new federalism," _____.

To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________-the ability to raise a legal claim.

Competency to stand trial _____.

In felony cases, the purpose of the initial appearance is to accept the defendant's plea.

A court's authority to hold a trial is its _____.

The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.

The U.S. Supreme Court has not adopted a specific definition for the "beyond a reasonable doubt" standard.

Explain what is meant by the term "demonstrative evidence."

The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.

An affidavit can be described as a ______________.

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called _____.

Draw a schematic diagram comparing the federal court system to your state's system. Describe the differences in the diagram of your state system against the text's diagram of the federal court system.

Which statement most accurately describes the "inevitable discovery" exception to the exclusionary rule?

The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or she believes to be the law.

Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?

The main purpose of the arraignment is to _____.

What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?

What rule of law requires exclusion of tainted evidence even if it is relevant?

A court which can try any type of case has _____.

Individual Rights Under the United States Constitution

Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine and Special Needs Searches

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Postconviction Remedies

Filters