Deck 3: Post Arrest and Grand Jury
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Deck 3: Post Arrest and Grand Jury
1
On appeal an appellate court is only allowed three actions.Which of the following actions is not authorized?
A)Affirm
B)Hear new testimony
C)Remand
D)Reverse
A)Affirm
B)Hear new testimony
C)Remand
D)Reverse
B
2
What is the difference between a felony and a misdemeanor?
A)A felony is punishable by no more than twelve months in custody,whereas a misdemeanor is punishable by greater than one year in custody.
B)A felony sentence can be one year or more,whereas a misdemeanor sentence is usually twelve months or less.
C)A felony involves any crime dealing with theft,whereas misdemeanors involve violent crimes.
D)People who are sentenced to misdemeanors cannot pay fines,whereas those who are sentenced to felonies must pay fines.
A)A felony is punishable by no more than twelve months in custody,whereas a misdemeanor is punishable by greater than one year in custody.
B)A felony sentence can be one year or more,whereas a misdemeanor sentence is usually twelve months or less.
C)A felony involves any crime dealing with theft,whereas misdemeanors involve violent crimes.
D)People who are sentenced to misdemeanors cannot pay fines,whereas those who are sentenced to felonies must pay fines.
B
3
What is the official charging document issued by the grand jury?
A)Indictment
B)Accusation
C)Warrant
D)Order
A)Indictment
B)Accusation
C)Warrant
D)Order
A
4
During a preliminary hearing,the prosecutor asks for testimony that is clearly hearsay.The defense attorney objects.What will result?
A)The testimony will be admitted because the evidentiary rules are much more relaxed at preliminary hearings.
B)The testimony will be excluded because the evidentiary rules are higher than at trial.
C)The testimony will be admitted because hearsay is always admissible.
D)The testimony will be excluded because the prosecutor is not permitted to ask such a question in the first place.
A)The testimony will be admitted because the evidentiary rules are much more relaxed at preliminary hearings.
B)The testimony will be excluded because the evidentiary rules are higher than at trial.
C)The testimony will be admitted because hearsay is always admissible.
D)The testimony will be excluded because the prosecutor is not permitted to ask such a question in the first place.
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5
What is the most common reason for an attorney to be disbarred?
A)Theft of client funds
B)Conviction for felony offense
C)Possession of narcotics
D)Entering a guilty plea for a client without the client's consent
A)Theft of client funds
B)Conviction for felony offense
C)Possession of narcotics
D)Entering a guilty plea for a client without the client's consent
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6
What is the purpose of the grand jury?
A)To decide guilt or innocence
B)To inform the defendant of the charges against him
C)To determine if there is sufficient probable cause to continue the prosecution
D)To sentence the defendant
A)To decide guilt or innocence
B)To inform the defendant of the charges against him
C)To determine if there is sufficient probable cause to continue the prosecution
D)To sentence the defendant
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7
Testimony is not evidence; it is opinion.
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8
The grand jury is composed of how many people?
A)12
B)14
C)6
D)23
A)12
B)14
C)6
D)23
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9
The purpose of a preliminary hearing is
A)to determine the defendant's guilt or innocence.
B)to determine if there is probable cause to support the defendant's arrest.
C)to sentence the defendant.
D)to compensate the victim.
A)to determine the defendant's guilt or innocence.
B)to determine if there is probable cause to support the defendant's arrest.
C)to sentence the defendant.
D)to compensate the victim.
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10
In some situations,DNA can be recovered from tissue and other objects years after it was left behind.
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11
Blood tests are just as informative as DNA tests.
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12
Identical twins have the same fingerprints.
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13
Identical twins have the same DNA.
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14
When witnesses are on the stand,they should tell the jury about their personal opinion about the facts of the case.
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15
The person who passes sentence on the convicted defendant is the
A)prosecutor.
B)jury.
C)victim-witness advocate.
D)judge.
A)prosecutor.
B)jury.
C)victim-witness advocate.
D)judge.
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16
A lawyer can offer an opinion to the jury about the facts in a case.
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17
When an attorney's license to practice law is revoked,this is called
A)reprimand.
B)suspension.
C)disbarrment.
D)revocation.
A)reprimand.
B)suspension.
C)disbarrment.
D)revocation.
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18
When DNA evidence is corrupted,it can give a false indication that someone else committed the crime.
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19
A lawyer can vouch for a witness's credibility.
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