Multiple Choice Questions

1. Before non-personnel enter public buildings in the State of Setonia, security officers

routinely

require them to walk through a metal detector. In addition, all bags, including women=s

purses, are subject to an external scan designed to detect the presence of weapons.

Concerned that the scan is not sufficiently sensitive to detect a well-hidden weapon,

security officers in many buildings have taken to removing the contests of all bags as part

of the screening process. After numerous complaints from women objecting to the public

exposure of private items in their purses, the Setonia legislature enacted a law permitting

an invasive search of bags only where the initial scan suggested the presence of a

weapon.

The month after the law went into effect, Alice went to the state courthouse in the hope of

watching a high-profile trial taking place that day. When she entered, security officers

scanned her purse and, after doing so, required her to empty its contents for further

inspection. AWhy?@ Alice asked. ADid you see something suspicious on the scan?@

ANo,@ the guard replied. AWe just thought you looked kinda shifty.@ ANo problem,@

Alice replied. APeople look through my purse all the time. I do not care. There is nothing

personal in there. Knock yourself out.@ The guards then searched the purse thoroughly,

finding a razor blade in a side pocket. They seized it, and charged Alice with attempting

to carry a concealed weapon into a public building. If Alice claims that the search of her

purse violated her Fourth Amendment rights, she will likely:

A. Prevail, because the guard did not believe that the purse contained a weapon.

B. Prevail, because the legislature has recognized women=s privacy rights in their purses.

C. Fail, because the guard found a razor blade inside the purse.

D. Fail, because Alice did not care if the guards search her purse.

Questions 2-3 are based on the following fact situation.

Pursuant to a valid arrest warrant, Defendant was arrested in a public place for the murder

of his wife. Before putting him in the police car, the police searched Defendant=s entire

person and found one ounce of heroin, which he had concealed in a flat plastic envelope

under his belt.

2. At Defendant=s motion to suppress the heroin, the court should rule that:

A. The search was invalid, since the police did not have a search warrant.

B. The search was invalid, since incident to a lawful arrest, the police may only search a

suspect=s person for weapons or evidence of the crime.

C. The search was valid, since Defendant=s arrest was proper.

D. The search was valid, because evidence of a crime was, in fact, discovered.

E. None of the above.



3. Assume that, in the above situation, the police arrested Defendant without a warrant,

although they had (1) time to obtain one, and (2) probable cause to believe Defendant

was his wife=s murderer. In challenging the validity of his arrest and the heroin found on

his person.

Defendant will:

A. Succeed, because an arrest without a warrant is an unreasonable seizure under the

Fourth Amendment.

B. Succeed, because the police must always obtain a warrant if there is sufficient time to

do so.

C. Fail, because the police had probable cause to make the arrest.

D. Fail, because even without probable cause, the subsequent disco very of heroin would

have been sufficient justification for the arrest.

4 Mark carefully plots a course of action to embezzle $100,000.00 from his employer,

Sue.

He is fired before he ever gets a chance to put the plan in action. In cleaning out his desk,

Sue finds his plans. Mark is:

A. Guilty of a crime because he intended to carry it out.

B. Guilty of a crime because he had a Aguilty mind@.

C. Not guilty because he did not act on his plan.

D. Not guilty because he is no longer employed by Sue.

5. Which of the following is correct with respect to a grand jury?

A. The grand jury decides guilt or innocence of the defendant.

B. The grand jury always hears testimony from the defendant.

C. The grand jury can issue an indictment it if finds sufficient evidence to justify a trial

on the charges alleged.

D. None of the above.

6. Detective received information from informant, who had given reliable information

many

times in the past. Specifically, Informant said that, two days before, he had visited

Harry=s apartment with Bill and saw Harry sell Bill some heroin. Detective knew that

Informant, Harry, and Bill were friends. Thereafter, Detective put this information into

affidavit form, appeared before a magistrate, and secured a search warrant for Harry=s

apartment. The search turned up a supply of heroin. Harry=s motion to suppress

introduction of the heroin into evidence probably will be:

A. Granted, because a search warrant cannot validly be issued solely on the basis of an

informant=s information.

B. Granted, because the information supplied to Detective concerned an occurrence too

remote in time to justify a finding of probable cause.

C. Denied, because there was reasonable cause to believe a crime had been committed.

D. Denied, because there was probable cause to issue the warrant.

E. None of the above.



Questions 7 - 11 are based on the following fact situation.

The police received an anonymous telephone call that Paul was engaged in illegal

gambling operations consisting of betting on professional sporting events. The informant

did not say how he knew any of this information. Officers Laverne and Shirley went to

Paul=s place of business (Joe=s Restaurant, where Paul worked as a waiter) and were

given permission to speak to him. They advised Paul that they had full knowledge of his

involvement in illegal gambling operations, and that he would probably be sent to jail as

a consequence of these activities.

When Paul responded, AI=ve got nothing to say to you gals,@ he was told that he should

consider himself under arrest. Before Paul was advised of his Miranda rights, Officer

Shirley told Paul, AConfession is good for the soul,@ and asked Paul if he would like to

make a statement about his illegal activities. Paul hesitated, but then informed the officers

that he did Atake@ bets on sporting events. He then voluntarily led the officers back to

the garage adjacent to his home, where he showed them notebooks in which were written

names of bettors, the amounts of money they had wagered, and the corresponding events.

The police also searched Paul=s person, and found a pocket notebook which revealed

bets that had been placed with Paul that day. The police then advised Paul that they were

too busy to him to the station house for booking then, but that they were confiscating the

notebook as evidence. Paul did not protest this action. About two weeks later, Paul was

subpoenaed to appear before a grand jury investigating illegal gambling. He appeared

with an attorney whom he had retained, but was advised that he was not entitled to have

counsel present. In a rage, Paul walked out. He has refused to return until his lawyer is

allowed to be with him, even though he has been warned that he could be cited for

contempt.

7. In the grand jury proceedings, Paul=s confession as to his involvement in illegal

gambling is:

I. Admissible, because a Miranda rights violation does not result in suppression.

II. Inadmissible, because it was given after Paul was improperly arrested.

III. Inadmissible, because it was obtained in violation of Paul=s Miranda rights.

A. I only.

B. II only.

C. III only.

D. II and III.

8. Can Paul be compelled to appear as a witness at the grand jury proceedings?

A. No, because the police initially lacked probable cause to arrest him.

B. No, because he was not given Miranda warnings.

C. Yes, despite the lack of Miranda warnings.

D. Yes, but only if the grand jury has reason to believe that Paul was involved in

gambling operations, without reference to Paul=s confession.

9. Which of the following statements is correct:

A. Paul had an absolute right to have counsel present at the grand jury proceedings.

B. There is no right to have counsel present at grand jury proceedings.



C. Paul had no right to have counsel present at the grand jury proceedings if evidence

obtained from his was inadmissible in a criminal case.

D. Paul had a right to have counsel present because he was arrested in connection with

the purpose of the grand jury proceedings

10. As a consequence of Paul=s refusal to answer any questions, which of the following

is

correct?

I. Paul could be convicted of perjury.

II. Paul could be convicted of contempt.

III. Paul cannot be convicted of any crime because the evidence obtained from his is

inadmissible in a criminal case.

A. I only

B. II only.

C. III only

D. None of the above.

11. In the subsequent trial of Paul for the crime of participating in an illegal gambling

operation, which of the following items of evidence obtained by the police officers would

be admissible?

A. Paul=s confession, but nothing else.

B. The regular size notebooks, but noting else.

C. The pocket notebook, but nothing else.

D. None of the evidence.

12. Alan, the president of Beta Investments, Inc., and Colin, Beta=s accountant, are

charged

with a crime, after the police search Beta=s offices. Under the exclusionary rule

A. Certain Beta records are excluded from subpoena by the government.

B. Certain parties to a criminal action may be excluded from a trial.

C. Illegally obtained evidence must be excluded from a trial.

D. Persons who have biases that would prevent them from fairly deciding the case may

be excluded from the jury.

Questions 13 - 14 are based on the following fact situation.

Willy was validly arrested on a charge of drunken driving. Over Willy=s objection, the

police took Willy=s car to a lot which was owned by the police department and

inventoried the contents of the car. Under the front passenger seat, the police found a

plastic bag containing heroin. On the rear seat, there was a suitcase which was sealed by a

zipper. The police unzipped the suitcase, opened it, and found two illegal machine guns.

In the locked trunk of the car (which the police broke into), the police discovered a dead

body.

13. The police impoundment of Willy=s car was:

A. Lawful, because Willy was lawfully arrested.

B. Lawful, because Willy impliedly consented to this action.

C. Lawful, if done pursuant to standardized police procledures.



D. All of the above.

E. None of the above.



14. Is the heroin admissible against Willy in a criminal prosecution for unlawful

possession

of that substance?

A. No, because the vehicle was not searched at the time Willy was arrested.

B. Yes, if the impoundment was lawful.

C. No, because the police did not have probable cause to search the interior of the

vehicle.

D. No, because while probable cause existed to search the car, no warrant was ever

obtained by the police.

15. Defendant was arrested and charged with distributing controlled substances. As part

of its case, the prosecution wanted to show that a huge quantity of illegal drugs had been

seized at a summer cabin owned by Defendant. However, at a suppression hearing which

preceded the trial, the evidence discovered at the cabin was excluded because no search

warrant had been obtained.

At trial, Defendant took the stand and testified that, while his brother was heavily

involved in the drug trade, he was completely innocent of the charges against him. When

Defendant was asked on cross-examination if he ever had drugs in his possession, on

advice of counsel, he claimed that he was privileged to refuse to answer since it might

Atend to incriminate him.@ Although the judge ordered Defendant to answer the

prosecution=s question, Defendant still refused. The prosecution was then permitted to

introduce into evidence the drugs which had been illegally seized at Defendant=s summer

home.

The prosecution=s use of the illegally seized evidence was:

A. Proper, because it was used to impeach Defendant.

B. Proper, because Defendant improperly refused to answer the prosecution=s question.

C. Improper, because the evidence had been suppressed at a pre-trial hearing.

D. Improper, because Defendant=s refusal to answer the prosecution=s question was on

the instructions of his attorney.

16. The authority of a particular court to adjudicate a controversy of a particular kind is

called:

A. Exclusive federal jurisdiction.

B. In rem jurisdiction.

C. Personal jurisdiction.

D. Subject jurisdiction.

E. None of the above.

17. The pleadings in a lawsuit include:

A. The complaint.

B. The answer.

C. Written interrogatories.

D. (A) and (B) above.

E. None of the above.



18. The legal principle that deals with the location where a lawsuit should be brought is:

A. Venue.

B. In personam jurisdiction.

C. Subject matter jurisdiction.

D. Stare decisis.

19. When a trial is conducted with a jury, the judge determines issue of______________

and

the jury determines questions of_______________.

A. Evidence, Law

B. Law, Evidence

C. Law, Fact

D. Fact, Law

E. None of the above.

20. The term Aminimum contacts@ includes within its definition:

A. That a defendant=s contacts with the forum state must be such that maintenance of the

suit offends traditional notions of fair play and justice.

B. Doing business by selling goods or shipping them from a point within the forum state.

C. A corporation=s use of a portion of interstate highway that passes through the forum

state to transport its goods.

D. (A) and (B) only.

21. The procedural stage of a lawsuit after the pleadings but before trial is:

A. The peremptory challenge stage.

B. The pretrial stage, including discovery.

C. The special verdict stage.

D. The offer of proof stage.

22. Arthus wrote a defamatory letter regarding Bill, but which he mailed to Bill, but

which he

did not show to anyone else.

A. Arthur committed the tort of slander.

B. Arthur committed the tort of libel.

C. Arthur has committed neither libel nor slander, because there has been no publication

of the letter.

D. Arthur has committed the tort of false light.

E. None of the above.

23. Claudia=s baby daughter Carolyn is snatched from her arms at the grocery store. The

kidnapper threatens to drop the baby if the store does not hand over the contents of the

vault. Claudia may:

A. Trip the kidnapper, because she is limited to non-life threatening force.

B. Shoot the kidnapper, since she can protect the baby in the same way she can protect

herself.

C. Not seriously harm the kidnapper since she, personally, is not in danger.



D. Only call the police, since she cannot take the law into her own hands.

24. Damages that are awarded to make the victim of the breach of a contact Awhole@ in

the economic sense, are called:

A. Compensatory.

B. Consequential.

C. Punitive.

D. Specific.

Questions 25 - 28 are based on the following fact situation.

Badluck called FBI Agent Hoover and told him that he had (1) participated in a bank

robbery the previous day with Eddie Fingers, and (2) since seen in Eddie=s living room

closet both the gun that Eddie used in the bank robbery and the stolen money. The bills

were marked. Badluck described Eddie=s home as a one-story frame house located at

823 Howard Street. Badluck also told Hoover that he had heard a rumor that Fingers had

given his brother-in-law, Donald Doyle, some of the proceeds of the robbery to repay a

debt, and that Doyle had joked about the money feeling Akinda hot to the touch@.

Later the same day, Hoover saw Doyle standing outside a massage parlor downtown.

Hoover approached Doyle, identified himself, and told Doyle that he was a suspect, and

to raise his hands. Doyle complied. Hoover then Afrisked@ Doyle, feeling what Hoover

thought to be a wallet, and Doyle handed it over. After, Hoover found in the wallet a map

of the bank which had been robbed, he arrested Doyle. As he was leading Doyle to his

(Hoover=s) car, Hoover passed Doyle=s car and noticed that it matched the description

and bore the license plate of the robbery getaway car. Peering through a rear window,

Hoover saw pants and a shirt on the floor. These items matched the description of those

worn by one of the robbers. Hoover opened the closed (but unlocked) back door and

seized the clothes.

After depositing Doyle at the federal jail, Hoover obtained a search warrant for the living

room of Fingers= home. The Aprobable cause@ affidavit detailed the information given

to him earlier I the day by Badluck. A warrant was issued, but is mistakenly described

Fingers= address ads 823 Harold Street. Hoover went to Fingers= home at 823 Howard

Street without noticing the mistake in the warrant regarding the street name. He knocked

on the door. When Fingers asked who it was, Hoover replied, AFuller Brush.@ Fingers

opened the door. Hoover then stated that he was really an FBI agent with a search

warrant. Fingers told him to come in and was promptly arrested by Hoover. Following

Fingers= arrest, Hoover search the hall closet and found money on the floor, which had

been taken from the bank. He seized the money and then opened the living room closed,

where he found the gun described in the warrant. On the floor on his way out of the

house, Hoover saw an unopened envelope addressed to Fingers from Doyle. Hoover

opened the envelope and found a letter to Fingers from Doyle, thanking Fingers for the

bank robbery opportunity.

Fingers asked to be allowed to go to his bedroom, and put on shoes and socks. Hoover

agreed, and accompanied Fingers to the bedroom. While Fingers was seated on the side

of the bed lacing his shoes, Hoover noticed and seized a wig which protruded from

underneath the pillow. The wig matched the description of one worn by one of the

robbers.



25. Hoover=s arrest of Fingers was:

A. Proper, as incident to the execution of the search warrant.

B. Improper, because Hoover had sufficient time to obtain an arrest warrant and failed to

do so.

C. Proper, because Hoover had probable cause to arrest Fingers.

D. Proper, because Hoover did not need an arrest warrant.

26. The entry of Hoover into Fingers= home was:

A. Invalid, because he obtained entry by ruse.

B. Valid, because he error in the address would not make the warrant invalid.

C. Valid, because the presence of the gun in the house constituted exigent circumstances.

D. Invalid, because the street address was incorrect.

27. Assuming Fingers moved to suppress the contents of the envelope, Hoover=s seizure

and search of the envelope was:

A. Invalid, because only items described in a search warrant may be seized by police

B. Valid, because it was in Aplain view.@

C. Valid, as incident to Fingers= arrest.

D. Invalid, because Hoover had no probable cause to believe that the envelope contained

evidence of a crime.

28. The seizure of the wig was:

A. Invalid, because it resulted from a search incident to an invalid arrest.

B. Invalid, because it was outside the scope of the warrant.

C. Invalid, because the warrant was defective.

D. Valid, if the wig was within Finger=s control.

29. A grand jury was investigating a murder. The only information known to the

prosecutor was a rumor that Suspect might have been involved. The grand jury

subpoenaed Suspect. Without specifying why, Suspect refused to answer questions about

the murder. Suspect was found in contempt and has appealed this determination. The

finding of contempt will be:

A. Affirmed, because a subpoenaed grand jury witness must answer all questions

B. Affirmed, because Suspect did not specifically invoke the Fifth Amendment

C. Reversed, because grand jury witnesses are not legally obliged to answer questions

D. Reversed, if Suspect=s answer might have implicated him in a crime

E. None of the above.

30. Over the years, Mark and his neighbor Phil have come to despise each other. Most

recently, Phil has neglected to return a power saw borrowed from Mark. Mark has asked

Phil to return the item many times. But each time, Phil merely replies, ANo problem@

and then fails to return the saw. Mark has become so angry, he decides to kill Phil. He

makes a list called ASix ways to do away with Phil.@ One entry on the list is ABuy new

hammer to bash Phil=s skull in.@ Mark finally decides he=s had enough and buys the

hammer.



The next day, Mark sees Phil lounging in his backyard hot. Mark shoves the A6-Ways

List@ into his picket, grabs his new hammer, and creeps up behind Phil as the latter sits

in the hot tub. Yelling AYou lazy bum,@ Mark strikes Phil in the skull with the hammer

several times, killing hi . Betty Phil=s wife hears Mark=s yell and rushes out to find Phil

dead. She calls the police and tells them (1) that Phil and Mark hated each other, (2) that

she heard Mark=s yell and saw him near the body. The police then arrest Mark for

murder. When Mark is booked at the police station, his clothes are searched and the A6Ways List@ is found in his pocket.

If the A6-Ways List@ is introduced into evidence by the prosecution at trial, it is most

likely that:

A. It is admissible, if Mark was validly arrested.

B. It is admissible, if Mark had waived his Miranda Rights

C. It is inadmissible, because a valid search warrant had not be obtained.

D. It is inadmissible, if Mark=s prior consent to the search had not be obtained

31. Which burden of proof in a civil case is harder to prove?

A. Preponderance of the evidence.

B. Clear and convincing evidence.

C. Beyond a reasonable doubt.

D. Without a doubt.

E. None of the above.

32. The improper taking of another=s property by one in lawful possession of it, that

violates a trust is:

A. Robbery.

B. Theft.

C. Larceny.

D. Embezzlement

E. None of the above.

33. Self-defense will not protect a person from criminal prosecution of she:

A. Shoots a man who is about to stab her with a knife.

B. Hits a man who is pushing her off the bus while it is still moving.

C. Shoots a man who is holding a realistic-looking cap pistol at her head.

D. Shoots a man who has shoplifted a rare, expensive diamond necklace from her store.

E. None of the above.

34. The doctrine of stare decisis means that:

A. The common law has not been able to evolve in a stable and predictable manner

B. Decisions cannot be overruled.

C. Courts adhere to and rely on rules of law that they; of superior courts announced and

applied in prior similar decisions.

D. Courts are allowed to correct erroneous decisions or choose among conflicting

precedents.



35. Patricia Plaintiff, a resident of California, has a valid judgment against David

Defendant,

a resident of Nevada, which she now wishes to execute. David owns thousands of acres

of beachfront property in California. Patricia may execute her judgment in California

based on what type of jurisdiction?

A. Subject matter jurisdiction.

B. Concurrent federal jurisdiction.

C. Quasi in rem jurisdiction.

D. Diversity of citizenship jurisdiction.

E. None of the above.

36. Able and Baker are both residents of Iowa, but they have a dispute regarding some

land

located in Kansas. Able files a lawsuit regarding the land in Kansas, and Baker objects,

claiming the Kansas courts have no jurisdiction in the case.

A. Only the Iowa courts can hear the case.

B. The Iowa federal district court can hear the case based on diversity of citizenship

C. The Kansas courts have in rem jurisdiction to adjudicate the claim regarding the

property.

D. The Kansas federal district court can hear the case upon diversity of citizenship

37. Maria is driving at night in a very heavy rain. She is driving under the speed limit, but

accidently leaves the road and drives across Mike=s lawn leaving long deep tread marks.

A. Maria has committed a civil trespass and will be liable for compensatory damages

B. Maria has committed a civil trespass and will be liable for both compensatory

damages and punitive damages.

C. Maria has committed both a civil and criminal trespass and will be liable for

compensatory damages and may suffer criminal penalties.

D. The darkness and rain along with Maria=s lack of intent frees her from all liability.

E. None of the above.

38. Jimmy is annoyed because his neighbor=s dog is constantly barking. He intentionally

walks up to the dog in his neighbor=s year and viciously kicks it. Jimmy has committed:

A. Civil battery.

B. Civil assault.

C. Both civil battery and civil assault.

D. None of the above.

39. Having obtained an arrest warrant for Ben for securities fraud, Officer Don arrested

the

suspect at his place of work. At the time of the arrest, Ben is seated at his desk. Don asks

him to stand, whereupon the officer searches Ben=s person, finding a small packet of

cocaine inside his wallet. Opening the bottom drawer of Ben=s desk. Don finds a packet

of marijuana. Believing there might be more drugs in the office, Don opens a filing

cabinet on the other side of the room, inside of which he finds a crack cocaine. If Ben

challenges the searches by Don, which of the following is his best argument?



A. All three searches are unconstitutional, because Ben was not likely to be armed or to

be in possession of evidence that could be readily destroyed.

B. Only the search of the wallet is unconstitutional, because Don had no authority to open

it.

C. Only the search of the desk drawer is unconstitutional, because it was closed.

D. Only the search of the filing cabinet is unconstitutional, because it was outside Ben=s

reach.

E. None of the above.

40. Officer Jameel had probable cause to believe that Chester was storing stolen laptop

computers in a number of garbage cans placed in his backyard. When he entered

Chester=s backyard to execute the warrant, Jameel found six covered garbage cans lined

up next to each other. There were no barriers separating any of the cans. Inside a plastic

bag in one of the cans, Jameel found four pipes with what he recognized to be marijuana

residue on them. Because the property line between Chester=s property and that of his

neighbor, Reggie, was unmarked, Jameel did not realize that the can with the pipes

belonged to Reggie. If that can is found to be within the common curtilage of both

homes, will Reggie succeed in a motion to suppress the pipes?

A. No, because Jameel reasonably believed the garbage can was on Chester=s property.

B. No, because there is no protected privacy interest in garbage.

C. No, because Reggie failed to lock the garbage cans.

D. Yes.

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