Paralegal Quiz – Criminal Law

 

1. The Miranda rights that police read to an arrestee are a result of:

a. New York v. Miranda

b. Federal and state laws

c. Miranda v. Arizona

d. the Miranda Act

 

Paralegal Quiz Criminal Law

Paralegal Quiz – Criminal Law

2. Which of the follows is not an element of a crime?

a. mens rea

b. actus reus

c. parens patriae

d. a concurrence of act and mental state

 

3. Sally’s car breaks down on the interstate and she leaves it there until she can get a tow truck. In the mean time, the state police investigate the abandon car, and after it has been on the side of the road for three says, impound it. While impounding the vehicle an inventory search turns up an ounce of marijuana. Sally is arrested shortly afterwards. Sally is guilty of:

a. attempted possession

b. constructive possession

c. abandoned possession

d. peaceable possession

 

4. A capital crime is a crime:

a. that violates federal law

b. that is committed with malice aforethought

c. for which a party may receive the death penalty

d. that consists of several lesser included offenses

 

5. Which of the following is an exception the hearsay rule?

a. dying declaration

b. excited utterance

c. statement against penal interests

d. All of the above

 

6. What act is a specialized conspiracy law enacted to target organized and white collar crime?

a. Patriot Act

b. Militia Act

c. RICO

d. None of the above

 

7. Joe and his two friends agree to rob the gas station down the road tomorrow night. Joe is supposed to purchase 3 ski masks and meet his friends at 9 p.m. He decides, after purchasing the ski masks, not to rob the station. At 6 p.m., he calls both his friends and tells them he will not participate. They rob the station without him. The police arrest Joe and charge him with conspiracy to commit armed robbery. Joe has the defense of ______________________ available to him.

a. clean hands

b. intervening cause

c. nolo contendere

d. abandonment

 

8. An example of an inchoate crime is:

a. conspiracy to commit armed robbery

b. attempted murder

c. solicitation to commit burglary

d. all of the above

 

9. When the Grand Jury charges a person with a crime, it is called an indictment. When a prosecutor charges someone with a crime, it is called a/an:

a. indictment

b. information

c. pressing charges

d. bill of indictment

 

10. A felony murder is:

a. one committed under federal law

b. all murders are felony murders

c. one committed during the commission of a felony

d. none of the above

 

11. If a jury believes that a defendant committed the crime, but was morally justified in doing so, or the laws in question are unjust or wrong, it may find the defendant not guilty. This is:

a. an option in all American jurisdictions

b. called jury nullification

c. not allowed

d. both A & B

 

12. A test used to determine whether a defendant is legally insane is the:

a. Berne three-step test

b. M’Naughten rule

c. Alford Doctrine

d. Caveat emptor test

 

13. Speech that is not protected by the 1st Amendment includes:

a. fighting words

b. hate speech

c. all speech is protected by the 1st Amendment

d. none of the above

 

14. “I can’t define it, but I know it when I see it”, is a famous quote attributed to Justice Stewart in reference to:

a. obscenity

b. crime

c. Constitutional violations

d. the heat of passion

 

15. All of the following are search warrant exceptions except:

a. probable cause

b. consent

c. exigent circumstances

d. plain sight

 

 

Answers

 

1. c – See Miranda v Arizona

2. c See Mens Rea and Actus Reus

3. b See Possession

4. c – See Capital Crime

5. d- See Hearsay Exceptions

6. c- See RICO Statutes

7. d – See Abandonment Defense. *Abandonment is available as a defense in approximately half of American jurisdictions.

8. d – See Inchoate Crimes.

9. b- See Information

10. c – See Felony Murder

11. d- See Jury Nullification.

12. b – See the M’Naghten Rule

13. a – See Protected Speech

14. a – See A History of the Definition of Obscenity

15. a – See Exceptions to the Search Warrant Requirement

About Shelley Riseden

Shelley M. Riseden is a freelance paralegal providing research, document preparation, and writing services to both attorneys and non-attorneys. She is an expert at conducting legal research and has a natural ability to grasp complex legal issues.Phone: 765.667.5139, E-mail: smriseden@earthlink.net or shelley@virtuallylegal.net, Skype: shelley.riseden, Yahoo: Virtually_Legal

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