Sunday, October 21, 2012

Question 1 0 out of 1 points One of the oldest and most universal systems of law dates back to the ancient Phoenicians. Answer Selected Answer: c. Egyptian Question 2 0 out of 1 points Since inception, the American legal system has consisted of a system in which a strong central government provides a national infrastructure simultaneous to state governance of a judicial entity. Answer Selected Answer: a. False Question 3 0 out of 1 points Which Amendment is commonly referred to as the Freedom of Speech and Religion? Answer Selected Answer: b. Second Question 4 1 out of 1 points The Magna Carta provided that there would may be a criminal trial based on an unsubstantiated accusation. Answer Selected Answer: b. False Question 5 0 out of 1 points The emergence of this legal system was secular, based entirely on mythology, and spread throughout Western Europe as the population fled the invading Asiatic tribes. Answer Selected Answer: b. Chinese Question 6 0 out of 1 points The vast majority of evidence law has been founded upon _______law principles. Answer Selected Answer: b. Civil law Question 7 0 out of 1 points Which legal system proved to be the most pervasive and foundational of all of the legal systems identified by Wigmore? Answer Selected Answer: a. Mesopotamian Question 8 0 out of 1 points Evidence may be defined as the demonstration of truth or untruth regarding allegations made within a court of law. Answer Selected Answer: b. False Question 9 1 out of 1 points Which of the following is known as the oldest legal code in the world? Answer Selected Answer: a. Code of Hammurabi Question 10 1 out of 1 points The Uniform Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law due to the arbitrary and capricious nature of bordering states. Answer Selected Answer: a. True Question 11 0 out of 1 points The introduction of evidence within the United States is haphazard manner at best. Answer Selected Answer: a. True Question 12 1 out of 1 points The U.S. Constitution represents the oldest, codified national constitution in the contemporary world. Answer Selected Answer: b. True Question 13 0 out of 1 points Civil law is a legal system derived from Answer Selected Answer: b. Papal Law Question 14 0 out of 1 points Material evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury. Answer Selected Answer: b. True Question 15 0 out of 1 points Crimes, with behaviors which are not naturally immoral but whose wrongness lays in their legal prohibition are called Answer Selected Answer: b. Civil Law Question 16 0 out of 1 points Precedents established in one state are not binding even on bordering states. Answer Selected Answer: b. False Question 17 0 out of 1 points Law that defines the parameters of social behaviors is known as Answer Selected Answer: c. Procedural law Question 18 0 out of 1 points The Twelve Tables were introduced as a means of satisfying both the patrician and plebian classes. Answer Selected Answer: a. False Question 19 0 out of 1 points Which legal system, identified by Wigmore, is best known for its development of a complex network of commercial custom and law? Answer Selected Answer: a. Hindu Question 20 0 out of 1 points The doctrine of precedent, stare decisis is Latin for to stand by that which is decided. Answer Selected Answer: a. False Question 1 1 out of 1 points Judges are selected in which of the following ways? Answer Selected Answer: b. All of the above Question 2 0 out of 1 points Plea-bargaining can happen at any stage of the court process and judges are bound by law or procedure to accept any particular plea. Answer Selected Answer: a. True Question 3 1 out of 1 points There 324 bankruptcy judges in the United States, each of whom has been appointed by the Court of Appeals for ___ year terms per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984. Answer Selected Answer: b. 14 Question 4 1 out of 1 points The state court system is also solely responsible for the hearing of bankruptcy cases. Answer Selected Answer: a. False Question 5 0 out of 1 points The signing of the United States Constitution signaled a new beginning to the colonies in a variety of ways. It did all but one of the following: Answer Selected Answer: c. Empowered Congress to develop a judiciary Question 6 1 out of 1 points The requirements for successful claims of self-defense include: Answer Selected Answer: b. All of the above Question 7 1 out of 1 points The American system of criminal justice is based on the concept of advocacy, adversary, and justice. Answer Selected Answer: b. True Question 8 0 out of 1 points State prosecutors are largely elected officials and known as which of the following? Answer Selected Answer: b. District Attorney Question 9 1 out of 1 points Jury instructions, provided by the judge, include which of the following? Answer Selected Answer: d. All of the above Question 10 0 out of 1 points Pretrial proceedings consist of all but one of the following Answer Selected Answer: d. Complaint Question 11 1 out of 1 points Indigent defendants can be represented by either a public defender or state’’s attorney. Answer Selected Answer: b. False Question 12 1 out of 1 points Which of the following contain all manner of evidence within the case-in-chief? Answer Selected Answer: b. All of the above Question 13 1 out of 1 points According to standards adopted by the American Bar Association, a prosecutor should be characterized solely as that of an advocate for the government. Answer Selected Answer: a. False Question 14 0 out of 1 points The federal rules of evidence, and some states, does not allow judges to independently call and question witnesses. Answer Selected Answer: a. True Question 15 0 out of 1 points The Judiciary Act of 1789 established a Supreme Court with nine justices. Answer Selected Answer: b. True Question 16 1 out of 1 points A plea of nolo contendere means that the defendant neither admits nor disputes the charge levied against him/her. Answer Selected Answer: b. True Question 17 1 out of 1 points The Federal Rules of Evidence and the Supreme Court require that prosecuting attorneys share evidence to be presented when requested by the defense. Answer Selected Answer: a. True Question 18 1 out of 1 points The Judiciary Act of 1789 was an attempt to establish a strong Answer Selected Answer: a. Federal court system Question 19 0 out of 1 points Capital cases often have a secondary process or sentencing phase. All but one of the following factors may be presented to the jury Answer Selected Answer: b. None of the above Question 20 1 out of 1 points All federal judges are appointed for life. Answer Selected Answer: a. True Question 1 1 out of 1 points The requirements for successful claims of self-defense include: Answer Selected Answer: c. All of the above Question 2 0 out of 1 points The signing of the United States Constitution signaled a new beginning to the colonies in a variety of ways. It did all but one of the following: Answer Selected Answer: d. Provided for the election of public officials Question 3 1 out of 1 points Indigent defendants can be represented by either a public defender or state’’s attorney. Answer Selected Answer: a. False Question 4 1 out of 1 points In using the insanity plea, the defendant has to provide the burden of proof. Which of the following is not used to establish this proof? Answer Selected Answer: c. Jones Test Question 5 0 out of 1 points The American system of criminal justice is not accusatorial and has become an inquisitorial system. Answer Selected Answer: b. True Question 6 1 out of 1 points Plea-bargaining can happen at any stage of the court process and judges are bound by law or procedure to accept any particular plea. Answer Selected Answer: b. False Question 7 1 out of 1 points The American system of criminal justice is based on the concept of advocacy, adversary, and justice. Answer Selected Answer: b. True Question 8 1 out of 1 points A plea of nolo contendere means that the defendant neither admits nor disputes the charge levied against him/her. Answer Selected Answer: a. True Question 9 1 out of 1 points Capital cases often have a secondary process or sentencing phase. All but one of the following factors may be presented to the jury Answer Selected Answer: d. All of the above Question 10 1 out of 1 points The state court system is also solely responsible for the hearing of bankruptcy cases. Answer Selected Answer: b. False Question 11 1 out of 1 points Each and every felony defendant is entitled to an attorney as provided by case law and the which Amendment to the Constitution? Answer Selected Answer: d. Sixth Question 12 1 out of 1 points Jury instructions, provided by the judge, include which of the following? Answer Selected Answer: c. All of the above Question 13 0 out of 1 points The framers of the United States Constitution specifically precluded an autocratic system in which a federal government exercised complete control over the constituents of the nation. Answer Selected Answer: a. False Question 14 1 out of 1 points The federal rules of evidence, and some states, does not allow judges to independently call and question witnesses. Answer Selected Answer: b. False Question 15 1 out of 1 points According to standards adopted by the American Bar Association, a prosecutor should be characterized solely as that of an advocate for the government. Answer Selected Answer: b. False Question 16 1 out of 1 points Which of the following is not a type of state court? Answer Selected Answer: a. Bankruptcy Courts Question 17 1 out of 1 points The Federal Rules of Evidence and the Supreme Court require that prosecuting attorneys share evidence to be presented when requested by the defense. Answer Selected Answer: a. True Question 18 1 out of 1 points There 324 bankruptcy judges in the United States, each of whom has been appointed by the Court of Appeals for ___ year terms per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984. Answer Selected Answer: c. 14 Question 19 1 out of 1 points There are how many federal regional circuit courts? Answer Selected Answer: d. 13 Question 20 1 out of 1 points Judges are selected in which of the following ways? Answer Selected Answer: d. All of the above Question 1 1 out of 1 points A plea of nolo contendere means that the defendant neither admits nor disputes the charge levied against him/her. Answer Selected Answer: b. True Question 2 1 out of 1 points In using the insanity plea, the defendant has to provide the burden of proof. Which of the following is not used to establish this proof? Answer Selected Answer: b. Jones Test Question 3 0 out of 1 points The requirements for successful claims of self-defense include: Answer Selected Answer: d. Is necessary to repel Question 4 0 out of 1 points The Supreme Court has original jurisdiction only in cases involving suits between states, suits involving a foreign citizen, and suits between the United States government and a state. Answer Selected Answer: b. False Question 5 1 out of 1 points The federal rules of evidence, and some states, does not allow judges to independently call and question witnesses. Answer Selected Answer: b. False Question 6 0 out of 1 points The signing of the United States Constitution signaled a new beginning to the colonies in a variety of ways. It did all but one of the following: Answer Selected Answer: c. Provided for the election of public officials Question 7 1 out of 1 points Jury instructions, provided by the judge, include which of the following? Answer Selected Answer: d. All of the above Question 8 0 out of 1 points The Federal Rules of Evidence and the Supreme Court require that prosecuting attorneys share evidence to be presented when requested by the defense. Answer Selected Answer: b. False Question 9 0 out of 1 points Pretrial proceedings consist of all but one of the following Answer Selected Answer: b. Arraignment Question 10 1 out of 1 points Which of the following is not a type of state court? Answer Selected Answer: d. Bankruptcy Courts Question 11 0 out of 1 points There are how many federal regional circuit courts? Answer Selected Answer: c. 11 Question 12 1 out of 1 points Capital cases often have a secondary process or sentencing phase. All but one of the following factors may be presented to the jury Answer Selected Answer: d. All of the above Question 13 0 out of 1 points The primary role of criminal defense attorneys is to effectively and conscientiously serves as both counselor and advocate to the accused. Answer Selected Answer: b. False Question 14 0 out of 1 points The framers of the United States Constitution specifically precluded an autocratic system in which a federal government exercised complete control over the constituents of the nation. Answer Selected Answer: b. False Question 15 1 out of 1 points Judges are selected in which of the following ways? Answer Selected Answer: c. All of the above Question 16 0 out of 1 points Indigent defendants can be represented by either a public defender or state’’s attorney. Answer Selected Answer: b. True Question 17 0 out of 1 points The contemporary system of justice in the United States is bifurcated into a twotiered entity consisting of trial and appellate courts. Answer Selected Answer: b. False Question 18 1 out of 1 points Each and every felony defendant is entitled to an attorney as provided by case law and the which Amendment to the Constitution? Answer Selected Answer: c. Sixth Question 19 1 out of 1 points There 324 bankruptcy judges in the United States, each of whom has been appointed by the Court of Appeals for ___ year terms per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984. Answer Selected Answer: b. 14 Question 20 1 out of 1 points The state court system is also solely responsible for the hearing of bankruptcy cases. Answer Selected Answer: a. False Question 1 0 out of 1 points The framers of the United States Constitution specifically precluded an autocratic system in which a federal government exercised complete control over the constituents of the nation. Answer Selected Answer: b. False Question 2 1 out of 1 points The American system of criminal justice is based on the concept of advocacy, adversary, and justice. Answer Selected Answer: b. True Question 3 1 out of 1 points Many death row inmates have argued that the imposition of capital punishment represents cruel and unusual punishment and violates which Amendment? Answer Selected Answer: b. Eighth Question 4 1 out of 1 points The primary role of criminal defense attorneys is to effectively and conscientiously serves as both counselor and advocate to the accused. Answer Selected Answer: b. True Question 5 1 out of 1 points Which of the following is not a strategy for impeachment of a witness? Answer Selected Answer: a. Disclosure that the witness is not being rewarded for testimony Question 6 1 out of 1 points Which Amendment to the Constitution provides that all criminal defendants in the United States shall have the right to a ……speedy and public trial, by an impartial jury? Answer Selected Answer: b. Sixth Question 7 1 out of 1 points Judges are selected in which of the following ways? Answer Selected Answer: d. All of the above Question 8 1 out of 1 points The Federal Rules of Evidence and the Supreme Court require that prosecuting attorneys share evidence to be presented when requested by the defense. Answer Selected Answer: b. True Question 9 1 out of 1 points A plea of nolo contendere means that the defendant neither admits nor disputes the charge levied against him/her. Answer Selected Answer: a. True Question 10 1 out of 1 points The American system of criminal justice is not accusatorial and has become an inquisitorial system. Answer Selected Answer: b. False Question 11 1 out of 1 points Which of the following is not a type of state court? Answer Selected Answer: d. Bankruptcy Courts Question 12 0 out of 1 points According to standards adopted by the American Bar Association, a prosecutor should be characterized solely as that of an advocate for the government. Answer Selected Answer: a. True Question 13 0 out of 1 points Plea-bargaining can happen at any stage of the court process and judges are bound by law or procedure to accept any particular plea. Answer Selected Answer: b. True Question 14 1 out of 1 points All federal judges are appointed for life. Answer Selected Answer: a. True Question 15 1 out of 1 points The contemporary system of justice in the United States is bifurcated into a twotiered entity consisting of trial and appellate courts. Answer Selected Answer: a. True Question 16 0 out of 1 points The Judiciary Act of 1789 established a Supreme Court with nine justices. Answer Selected Answer: b. True Question 17 1 out of 1 points The Judiciary Act of 1789 was an attempt to establish a strong Answer Selected Answer: a. Federal court system Question 18 1 out of 1 points Trials were first introduced in a western court immediately following the Norman Conquest of 1066 at which time William the Conqueror brought several forms of trial. These included all but one of the following Answer Selected Answer: a. Trial by Right Question 19 1 out of 1 points In using the insanity plea, the defendant has to provide the burden of proof. Which of the following is not used to establish this proof? Answer Selected Answer: d. Jones Test Question 20 1 out of 1 points To be placed on the Supreme Court docket, a case must receive at least how many affirmative votes? Answer Selected Answer: a. 4 Question 1 1 out of 1 points Not all federal state and domestic wiretaps now require a court order predicated on probable cause. Answer Selected Answer: b. False Question 2 0 out of 1 points In 1994, Congress enacted the controversial Communications Assistance for Law Enforcement Act. Answer Selected Answer: a. False Question 3 1 out of 1 points Police may obtain a no-knock warrant if demonstration is made of the potentiality of circumvention of justice or threat to human life exists. Answer Selected Answer: b. True Question 4 0 out of 1 points Which Court case noted that "A search warrant could be served at any time of the day or night so long as the issuing officer was ““satisfied that there is probable cause to believe that the grounds for the application exist . . . ." Answer Selected Answer: c. No Knock Question 5 1 out of 1 points What is the highest legal standard which demonstrates a finding of guilt or proof by tiers of fact in a criminal proceeding? Answer Selected Answer: a. Beyond a reasonable doubt Question 6 0 out of 1 points The expectation of or right to privacy is a value embraced by Americans from young to old. Answer Selected Answer: b. False Question 7 0 out of 1 points The case of Carroll v. United States is illustrative of the strict interpretation of the 4th Amendment. Answer Selected Answer: a. True Question 8 0 out of 1 points Which type of search warrants is extremely unique in that they are issued prior to the arrival of the evidence in a particular location? Answer Selected Answer: [None Given] Question 9 1 out of 1 points Probable cause is established through the evaluation of how many sets of facts? Answer Selected Answer: a. Two Question 10 1 out of 1 points Search warrants can only be issued by a ___________upon a showing of probable cause. Answer Selected Answer: c. Judge or magistrate Question 11 0 out of 1 points Probable cause may be defined as that standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime. Answer Selected Answer: b. False Question 12 1 out of 1 points The term beyond a reasonable doubt refers to a legal standard by which a determination of guilt is established by the tier of fact. Answer Selected Answer: a. True Question 13 1 out of 1 points The passage of the ___________ in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law. Answer Selected Answer: b. Magna Carta Question 14 0 out of 1 points The Supreme Court has consistently evaluated standards of probable cause. The initial standard was the Answer Selected Answer: a. None of the above Question 15 0 out of 1 points Which type of search warrant may be issued if demonstration is made of the potentiality of circumvention of justice or threat to human life exists? Answer Selected Answer: d. Nighttime Question 16 0 out of 1 points Which Amendment prohibits the nonconsensual peacetime quartering of soldiers? Answer Selected Answer: a. Fourteenth Amendment Question 17 1 out of 1 points Reasonable suspicion is the highest of all legal standards of evidence. Answer Selected Answer: b. False Question 18 1 out of 1 points An unalienable right to privacy is not specifically articulated in the Constitution, and case law reveals that the Court has not generalized a constitutional right to privacy, noting that other provisions of the Constitution protect privacy from other forms of governmental invasion. Answer Selected Answer: a. True Question 19 0 out of 1 points The standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime is known as Answer Selected Answer: b. Reasonable Suspicion Question 20 0 out of 1 points Which type of search warrant is issued in a variety of situations in which law enforcement officers gain surreptitious entry into premises or areas where a reasonable expectation of privacy exists, including, but not limited to, residences, offices, and the like. Answer Selected Answer: d. No Knock Question 1 0 out of 1 points The Supreme Court has declared the practice of field interrogation as unconstitutional. Answer Selected Answer: a. True Question 2 1 out of 1 points In 1994, Congress enacted the controversial Communications Assistance for Law Enforcement Act. Answer Selected Answer: b. True Question 3 1 out of 1 points Search warrants can only be issued by a ___________upon a showing of probable cause. Answer Selected Answer: c. Judge or magistrate Question 4 0 out of 1 points Which type of search warrants is extremely unique in that they are issued prior to the arrival of the evidence in a particular location? Answer Selected Answer: d. Sneak and Peek Question 5 1 out of 1 points Which Amendment prohibits the nonconsensual peacetime quartering of soldiers? Answer Selected Answer: c. Third Amendment Question 6 1 out of 1 points The case of Carroll v. United States is illustrative of the strict interpretation of the 4th Amendment. Answer Selected Answer: b. False Question 7 1 out of 1 points An unalienable right to privacy is not specifically articulated in the Constitution, and case law reveals that the Court has not generalized a constitutional right to privacy, noting that other provisions of the Constitution protect privacy from other forms of governmental invasion. Answer Selected Answer: b. True Question 8 1 out of 1 points For American citizens, the protection from unlawful detainment, inquiry, and search resides firmly within the. Answer Selected Answer: d. Fourth Amendment Question 9 1 out of 1 points Which Court case noted that "the particularity requirement's purpose is not limited to preventing general searches; it also assures the individual whose property is searched and seized of the executing officer's legal authority, his need to search, and the limits of his power to do so?" Answer Selected Answer: d. Groh v. Ramirez Question 10 1 out of 1 points The term beyond a reasonable doubt refers to a legal standard by which a determination of guilt is established by the tier of fact. Answer Selected Answer: b. True Question 11 1 out of 1 points Probable cause is established through the evaluation of how many sets of facts? Answer Selected Answer: a. Two Question 12 1 out of 1 points The standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime is known as Answer Selected Answer: a. Probable Cause Question 13 0 out of 1 points Which Court case noted that "A search warrant could be served at any time of the day or night so long as the issuing officer was ““satisfied that there is probable cause to believe that the grounds for the application exist . . . ." Answer Selected Answer: d. Sneak and Peek Question 14 1 out of 1 points For American citizens, the protection from unlawful detainment, inquiry, and search resides firmly within the First Amendment. Answer Selected Answer: a. False Question 15 1 out of 1 points Which Amendment imposing limitation upon governmental abridgment of freedom to associate and privacy in ones association? Answer Selected Answer: c. First Amendment Question 16 1 out of 1 points Which type of search warrant may be issued if demonstration is made of the potentiality of circumvention of justice or threat to human life exists? Answer Selected Answer: a. No Knock Question 17 1 out of 1 points All warrants are required to identify with specificity and particularity the place to be searched, the items to be seized, and the criminal behavior in question. Answer Selected Answer: b. True Question 18 0 out of 1 points Anticipatory search warrants are issued in a variety of situations in which law enforcement officers gain surreptitious entry into premises or areas where a reasonable expectation of privacy exists, including, but not limited to, residences, offices, and the like. Answer Selected Answer: b. True Question 19 1 out of 1 points Probable cause is situated between reasonable suspicion and beyond a reasonable doubt. Answer Selected Answer: a. True Question 20 1 out of 1 points Which Amendment specifically provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized?" Answer Selected Answer: d. Fourth Amendment Question 1 1 out of 1 points A variety of exceptions to the exclusionary rule have been enacted since its inception. The first of these was actually considered in Wong Sun and was a direct result of the poisonous fruit doctrine. Answer Selected Answer: a. True Question 2 1 out of 1 points The good faith exception argues that: Answer Selected Answer: a. All of the above Question 3 0 out of 1 points This court case explicitly provided for a reasonable expectation of privacy for overnight guests. Answer Selected Answer: c. Murray v. U.S. Question 4 1 out of 1 points The Fourth Amendment's right of privacy has been declared enforceable against the States through the Due Process Clause of what Amendment? Answer Selected Answer: c. Fourteenth Amendment Question 5 0 out of 1 points Like the "good faith" exception to the exclusionary rule, the Court has found that information or evidence, which is collected independently of the illegal police action, is not admissible. Answer Selected Answer: b. True Question 6 0 out of 1 points The good faith exception was established in which of the following Court cases? Answer Selected Answer: d. Brown v. Mississippi Question 7 0 out of 1 points The exclusionary rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the United States Constitution, but is simply a judicial remedy for violations involving what Amendment? Answer Selected Answer: c. Sixth Amendment Question 8 1 out of 1 points In United States v. Pervaz, the court evaluated the admissibility of information gathered by a cellular telephone company after being alerted by authorities that they were being victimized. Answer Selected Answer: b. True Question 9 1 out of 1 points The exclusionary rule also applies to civil cases. Answer Selected Answer: a. False Question 10 0 out of 1 points What doctrine allowed state authorities to serve up illegally obtained evidence to federal agents? Answer Selected Answer: c. Golden Platter Doctrine Question 11 0 out of 1 points Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal standing to move to suppress it. Answer Selected Answer: b. False Question 12 1 out of 1 points In Rochin v. California, the Court considered whether evidence of narcotics, which had been obtained through the involuntary stomach pumping of the defendant, should be admissible. Answer Selected Answer: b. True Question 13 1 out of 1 points The ideology, known as the open fields doctrine, was first enunciated in the case of Answer Selected Answer: b. Hester v. U.S Question 14 0 out of 1 points In which 1914 case did the Supreme Court create a law that excluded any evidence which had been collected in violation of statute or procedure? Answer Selected Answer: d. Fahy v. Connecticut Question 15 0 out of 1 points In the 1914 case of Weeks v. U.S., the Supreme Court created a law, which excluded any evidence, which had been collected in violation of statute or procedure. Answer Selected Answer: b. False Question 16 1 out of 1 points The attenuation or purged taint exception evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated. Answer Selected Answer: a. True Question 17 0 out of 1 points The silver platter doctrine allows state authorities to serve up illegally obtained evidence to federal agents. Answer Selected Answer: b. False Question 18 0 out of 1 points The Court has consistently ruled that information or evidence gathered by the police who are acting in good faith on a warrant later found to be defective may not be introduced at trial. Answer Selected Answer: b. True Question 19 1 out of 1 points The distinction between curtilage and open fields is not necessarily an easy one. The courts have delineated which of the following factors which may be considered: Answer Selected Answer: d. All of the above Question 20 0 out of 1 points Which of the following court case considered whether evidence of narcotics which had been obtained through the involuntary stomach pumping of the defendant should be admissible? Answer Selected Answer: c. Brown v. Mississippi Question 1 1 out of 1 points The good faith exception argues that: Answer Selected Answer: d. All of the above Question 2 1 out of 1 points Application of the exclusionary rule by the states was mandated in by what Court case? Answer Selected Answer: a. Mapp v. Ohio Question 3 1 out of 1 points The exclusionary rule suppresses evidence, which is collected through an illegal police action. It is designed to deter future police misconduct. However, there are some instances in which the Court has allowed the introduction of such evidence. This includes which of the following? Answer Selected Answer: a. All of the Above Question 4 1 out of 1 points Which of the following court case considered whether evidence of narcotics which had been obtained through the involuntary stomach pumping of the defendant should be admissible? Answer Selected Answer: c. Rochin v. California Question 5 1 out of 1 points Like the "good faith" exception to the exclusionary rule, the Court has found that information or evidence, which is collected independently of the illegal police action, is not admissible. Answer Selected Answer: b. False Question 6 0 out of 1 points The Supreme Court applied the Fourth Amendment to the states via the due process clause of the Fourteenth Amendment in the 1949 case of Wolf v. Colorado; it required the implementation of the exclusionary rule. Answer Selected Answer: b. True Question 7 1 out of 1 points The Supreme Court created a legal principle in which the introduction of criminal evidence collected or analyzed in violation of the Constitution is forbidden. This principle is known as Answer Selected Answer: c. Exclusionary Rule Question 8 1 out of 1 points What doctrine allowed state authorities to serve up illegally obtained evidence to federal agents? Answer Selected Answer: c. Silver Platter Doctrine Question 9 1 out of 1 points Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal standing to move to suppress it. Answer Selected Answer: b. True Question 10 1 out of 1 points The good faith exception argues that the exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates. Answer Selected Answer: a. True Question 11 1 out of 1 points The attenuation or purged taint exception evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated. Answer Selected Answer: b. True Question 12 1 out of 1 points The Court has consistently ruled that information or evidence gathered by the police who are acting in good faith on a warrant later found to be defective may not be introduced at trial. Answer Selected Answer: b. False Question 13 1 out of 1 points The three-prong test for evaluation of attenuation was established in Brown v. Illinois. Factors considered include which of the following? Answer Selected Answer: b. All of the above Question 14 1 out of 1 points The silver platter doctrine allows state authorities to serve up illegally obtained evidence to federal agents. Answer Selected Answer: b. True Question 15 1 out of 1 points The exclusionary rule also applies to civil cases. Answer Selected Answer: a. False Question 16 1 out of 1 points In Rochin v. California, the Court considered whether evidence of narcotics, which had been obtained through the involuntary stomach pumping of the defendant, should be admissible. Answer Selected Answer: b. True Question 17 1 out of 1 points In United States v. Pervaz, the court evaluated the admissibility of information gathered by a cellular telephone company after being alerted by authorities that they were being victimized. Answer Selected Answer: b. True Question 18 1 out of 1 points The good faith exception was established in which of the following Court cases? Answer Selected Answer: a. U.S. v. Leon Question 19 0 out of 1 points The exclusionary rule is a legal principle in which the introduction of criminal evidence collected or analyzed in violation of the Constitution is permitted. Answer Selected Answer: a. True Question 20 1 out of 1 points In the 1914 case of Weeks v. U.S., the Supreme Court created a law, which excluded any evidence, which had been collected in violation of statute or procedure. Answer Selected Answer: a. True Question 1 0 out of 1 points Consent, which is validly obtained, negates the requirement of a warrant or probable cause. Answer Selected Answer: b. False Question 2 1 out of 1 points Automobile inventories are only permissible if: Answer Selected Answer: d. All of the Above Question 3 1 out of 1 points What Amendment does not require that a lawfully seized defendant be advised that he is "free to go" before his consent to search will be recognized as voluntary. Answer Selected Answer: d. Fourth Amendment Question 4 1 out of 1 points Once given, consent searches are not limited to the duration of the original assent. Answer Selected Answer: b. False Question 5 1 out of 1 points The Court has indicated that privacy; liberty, property, dignity, and security must be carefully considered in the application of the Fourth Amendment. Answer Selected Answer: b. True Question 6 1 out of 1 points One area of searches incident to arrest that has been consistently scrutinized by the Court is that of automobiles. Answer Selected Answer: b. True Question 7 0 out of 1 points Which area of searches incident to arrest, which has been consistently scrutinized by the Court, is that of? Answer Selected Answer: c. Hotel rooms Question 8 1 out of 1 points In which of the following situations are warrants not required? Answer Selected Answer: a. All of the Above Question 9 0 out of 1 points Which Court case held that protective searches are limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police? Answer Selected Answer: b. Arizona v. Hicks Question 10 1 out of 1 points Fourth Amendment jurisprudence is primarily concentrated in which of the following areas? Answer Selected Answer: d. All of the Above Question 11 1 out of 1 points In Minnesota v. Dickerson, for example, the Court held that protective searches are not limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police. Answer Selected Answer: b. False Question 12 0 out of 1 points Searches, which are conducted by law enforcement personnel of an individual's personal belongings are known as? Answer Selected Answer: b. Locker inspection Question 13 1 out of 1 points The authority of police personnel to undertake a warrantless roadside search of an automobile was first established in Answer Selected Answer: a. Carroll v. United States Question 14 1 out of 1 points Incident to arrest includes that time period immediately after to the seizure of the individual in question. Answer Selected Answer: b. False Question 15 1 out of 1 points In the United States, investigative inquiries take one of three forms: 1) encounters which are entirely voluntary; 2) arrests in which probable cause of criminal activity has been demonstrated; and, 3) investigative stops. Answer Selected Answer: b. True Question 16 0 out of 1 points Which Court case determined if police have the authority to request a search of personal luggage in the absence of reasonable suspicion or probable cause? Answer Selected Answer: a. Terry v. Ohio Question 17 1 out of 1 points Within the parameters established by the Court in administrative or regulatory searches of private individuals, it is apparent that public school administrators and public employers may not conduct searches for disciplinary purposes without probable cause. Answer Selected Answer: b. False Question 18 0 out of 1 points The time period immediately prior to the seizure of the individual in question, and is conducted immediately prior to the formal arrest of same is known as? Answer Selected Answer: a. Inadvertent Discovery Question 19 0 out of 1 points Factors, which may lessen or negate the certainty of voluntariness of a consent search or confessions include Answer Selected Answer: a. Youth of the accused Question 20 0 out of 1 points Which Court case held that "Consistent with the Fourth Amendment, it is reasonable for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station incident to booking and jailing the suspect? The justification for such searches does not rest on probable cause, and hence the absence of a warrant is immaterial to the reasonableness of the search"? Answer Selected Answer: c. Terry v. Ohio Question 1 1 out of 1 points The authority of police personnel to undertake a warrantless roadside search of an automobile was first established in Answer Selected Answer: d. Carroll v. United States Question 2 0 out of 1 points Immediate Apparency was decided in which of the following Court cases? Answer Selected Answer: b. Minnesota v. Dickerson Question 3 1 out of 1 points Searches, which are conducted by law enforcement personnel of an individual's personal belongings are known as? Answer Selected Answer: b. Inventory Question 4 1 out of 1 points In which court case did the Court upheld the right of law enforcement authorities to conduct protective searches of individuals during investigative detentions? Answer Selected Answer: d. Terry v. Ohio Question 5 1 out of 1 points Once given, consent searches are not limited to the duration of the original assent. Answer Selected Answer: b. False Question 6 1 out of 1 points Which Court case determined if police have the authority to request a search of personal luggage in the absence of reasonable suspicion or probable cause? Answer Selected Answer: d. United States v. Drayton Question 7 1 out of 1 points In Terry v. Ohio, the Court upheld the right of law enforcement authorities to conduct protective searches of individuals during investigative detentions. Answer Selected Answer: a. True Question 8 0 out of 1 points The Court has ruled that compulsory disclosure of identification to law enforcement did violate the 4th Amendment. Answer Selected Answer: b. True Question 9 1 out of 1 points One area of searches incident to arrest that has been consistently scrutinized by the Court is that of automobiles. Answer Selected Answer: b. True Question 10 1 out of 1 points In Minnesota v. Dickerson, for example, the Court held that protective searches are not limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police. Answer Selected Answer: a. False Question 11 1 out of 1 points Which Court case held that "Consistent with the Fourth Amendment, it is reasonable for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station incident to booking and jailing the suspect? The justification for such searches does not rest on probable cause, and hence the absence of a warrant is immaterial to the reasonableness of the search"? Answer Selected Answer: b. Illinois v. Lafayette Question 12 1 out of 1 points Evidence, which is in plain view, may be admissible in court if the officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item was immediately apparent. This is know as Answer Selected Answer: a. Plain View Doctrine Question 13 1 out of 1 points Automobile inventories are only permissible if: Answer Selected Answer: b. All of the Above Question 14 0 out of 1 points Which kind of search may be conducted if circumstances are such that the interests of society outweigh the invasiveness of the action? Answer Selected Answer: a. Anticipatory searches Question 15 1 out of 1 points The Court has indicated that privacy; liberty, property, dignity, and security must be carefully considered in the application of the Fourth Amendment. Answer Selected Answer: b. True Question 16 0 out of 1 points The Court has evaluated a variety of issues regarding the police use of Check Points. The Court concluded all but one of the following: Answer Selected Answer: b. Individualized suspicion was not possible due to the heavy traffic flow surrounding border areas Question 17 1 out of 1 points In which of the following situations are warrants not required? Answer Selected Answer: d. All of the Above Question 18 1 out of 1 points Fourth Amendment jurisprudence is primarily concentrated in which of the following areas? Answer Selected Answer: b. All of the Above Question 19 0 out of 1 points Consent searches are the only ones in which probable cause, reasonable suspicion, or an articulable justification is not required. Answer Selected Answer: b. False Question 20 0 out of 1 points In the United States, investigative inquiries take all but one of the following forms? Answer Selected Answer: b. Arrests in which probable cause of criminal activity has been demonstrated Question 1 0 out of 1 points Which of the following court cases was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired? Answer Selected Answer: c. Rogers v. Richmond Question 2 0 out of 1 points Which of the following court cases stated that because a State may dispense with a jury trial, it does not follow that it may substitute trial by ordeal. Answer Selected Answer: b. Escobedo v. Illinois Question 3 1 out of 1 points The Court has ruled that the introduction of statements made by coconspirators/ codefendants is not permissible. Answer Selected Answer: b. False Question 4 0 out of 1 points The Court held that the freedom from self-incrimination offers protection against compulsion to submit to fingerprinting, photography, or measurements, to write or speak for identification, to appear in court, to stand, to assume a stance, to walk, or to make a particular gesture. Answer Selected Answer: a. True Question 5 0 out of 1 points The "rights of the accused" are all but one of the following: Answer Selected Answer: a. Anything said maybe used against them Question 6 1 out of 1 points The Double Jeopardy Clause of the Fifth Amendment does attach in cases in which different standards of proof apply. It attaches in civil cases irrespective of adjudication in criminal courts. Answer Selected Answer: b. False Question 7 1 out of 1 points Law enforcement officers in the United States are prohibited from extracting confessions through the use of physical torture, and they are totally forbidden from collecting such through a variety of deceptive strategies, including: Answer Selected Answer: a. None of the Above Question 8 0 out of 1 points Which Amendment includes provisions and/or prohibitions regarding double jeopardy? Answer Selected Answer: b. Ninth Question 9 1 out of 1 points Miranda does not apply to the actions of private citizens, including store clerks and private security officers. Answer Selected Answer: b. True Question 10 0 out of 1 points Mistrials maybe declared for which of the following reasons? Answer Selected Answer: a. Deadlocked juries Question 11 1 out of 1 points The "rights of the accused" does not attach in which of the following? Answer Selected Answer: b. All of the above Question 12 1 out of 1 points The Fifth Amendment, and all of the provisions contained therein, were applied to state courts through which Amendment in 1964? Answer Selected Answer: b. Fourteenth Question 13 0 out of 1 points Miranda warnings are not necessary if which of the following are present? Answer Selected Answer: b. There is a possibility to save human life Question 14 0 out of 1 points Which Amendment affords American citizens the freedom from impressment of personal property, and the prohibition against self-incrimination? Answer Selected Answer: d. Fourteenth Question 15 0 out of 1 points Which of following is not one of the double jeopardy provisions of the Amendment? Answer Selected Answer: b. Retrials resulting from successful post conviction appeals Question 16 0 out of 1 points The "bright line rule" Answer Selected Answer: a. Allowed for the continued questioning of a suspect (after his/her rights had been given) until their counsel arrived. Question 17 0 out of 1 points The protection housed within the 5th Amendment applies in which of the following. Answer Selected Answer: b. Statements that might incriminate a third party Question 18 0 out of 1 points Identify the court case in which the Public Safety Exception was first articulated in the 1984: Answer Selected Answer: b. Bruton v. United States Question 19 1 out of 1 points The double jeopardy clause does all but one of the following? Answer Selected Answer: b. Attaches in cases in which different standards of proof apply Question 20 1 out of 1 points Miranda warnings are not necessary in cases in which three characteristics are present 1) an urgent need exists in which no other possibility abounds; 2) there is a possibility to save human life; and, 3) the primary motive of the interrogator is rescue. Answer Selected Answer: b. True Question 1 1 out of 1 points The Constitutional prohibition against self-incrimination does not apply to all actions by a defendant. Answer Selected Answer: a. True Question 2 1 out of 1 points Double jeopardy does not apply in parole violation hearings where criminal acts by an individual may be part and parcel of such proceedings, even in those acts for which he/she has been acquitted. Answer Selected Answer: a. True Question 3 1 out of 1 points The Confrontation Clause of the Sixth Amendment provides for the crossexamination of all individuals and entities providing evidence against an accused. The Court has ruled that the introduction of statements made by co-conspirators/codefendants is permissible only in special situations. Statements or confessions by codefendants are only admissible against the defendant if: Answer Selected Answer: a. All of the Above Question 4 0 out of 1 points The "bright line rule" Answer Selected Answer: a. None of the above Question 5 1 out of 1 points Double jeopardy provisions prohibit trying of an individual more than once for the same crime. Answer Selected Answer: a. True Question 6 1 out of 1 points Identify the court case in which the Public Safety Exception was first articulated in the 1984: Answer Selected Answer: c. New York v. Quarles Question 7 1 out of 1 points Which court case created a comprehensive framework for custodial interrogations? Answer Selected Answer: d. Miranda v. Arizona Question 8 0 out of 1 points The double jeopardy clause includes three essential protections for American citizens: Answer Selected Answer: b. A second prosecution for the same offense after conviction Question 9 1 out of 1 points Law enforcement officers in the United States are prohibited from extracting confessions through the use of physical torture, and they are totally forbidden from collecting such through a variety of deceptive strategies, including: Answer Selected Answer: a. None of the Above Question 10 1 out of 1 points Which of the following court cases was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired? Answer Selected Answer: c. Escobedo v. Illinois Question 11 1 out of 1 points The "rights of the accused" does not attach in which of the following? Answer Selected Answer: b. All of the above Question 12 0 out of 1 points The Sixth Amendment to the United States Constitution includes provisions and/or prohibitions regarding: the grand jury system; double jeopardy; due process; and impressment of private property. Answer Selected Answer: b. True Question 13 1 out of 1 points The "rights of the accused" are all but one of the following: Answer Selected Answer: a. They must pay for their attorney Question 14 1 out of 1 points Double jeopardy does attach in those cases, which do not achieve legal finality or conclusion. Answer Selected Answer: b. False Question 15 1 out of 1 points Escobedo v. Illinois was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired. Answer Selected Answer: b. True Question 16 1 out of 1 points Miranda warnings are not necessary if which of the following are present? Answer Selected Answer: b. All of the Above Question 17 1 out of 1 points The right to due process is guaranteed to all citizens in all courts through the incorporation of by which Amendment? Answer Selected Answer: b. Fourteenth Question 18 1 out of 1 points Voluntary statements, of any kind, are barred by the Fifth Amendment. Answer Selected Answer: b. False Question 19 1 out of 1 points The Fifth Amendment, and all of the provisions contained therein, were applied to state courts through which Amendment in 1964? Answer Selected Answer: d. Fourteenth Question 20 1 out of 1 points Miranda does not apply to the actions of private citizens, including store clerks and private security officers. Answer Selected Answer: b. True

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