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rvlaw, Lawyer (JD)
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Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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1. The following three actions are required from the prosecution

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1. The following three actions are required from the prosecution in a criminal case. Which of the following does NOT belong?
       If the case goes to trial, the prosecution must meet the burden of proof beyond a reasonable doubt.
       The prosecution must agree to any plea-bargaining deal initiated by the defense.
       The prosecution must treat the defendant fairly.
       The prosecution must respect the defendant’s rights.

2. Though all federal offenses are prosecuted in federal court and all state offenses are prosecuted in state courts, federal courts have supervisory jurisdiction over one aspect of the state courts. Which aspect is this?
       The administration of criminal justice.
       The plea-bargaining process.
       The enforcement of the MPC or MPC-influenced state laws.
       The use of bench trials in capital cases.

3. After a prosecutor files charges against a suspect, a judge holds a ______ to determine whether probable cause exists.
       First appearance
       Plea bargaining session
       Preliminary hearing

4. Which of the following is a formal definition of crime?
       Any act or omission that is forbidden by the law as a violation of the public interest.
       Any act that is worthy of strong community disapproval.
       Any act in which a person, location or object is the legal victim.
       Any act that is deeply wrong.

5. The _______ usually consists of a voluntary action.
       Actus Reus

6. Which of the following holds a person crimnally liable even when the consequence of his or her action is not what the actor actually intended?
       General Intent
       Specific Intent
       Mens Rea
       Transferred Intent

7. A(n) _____is "one that, if proved by a preponderance of the evidence," results in the acquittal of a defendant, although the prosecutor has proved the defendant's guilt beyond a reasonable doubt.
       Affirmative defense
       True defense
       Mens rea
       Actus reus

8. A defense is based upon a(n) _________when an actor has violated a criminal statute but there is a reason for not holding him or her personally accountable.
       Perfect defense
       True defense

9. Which of the following is NOT a requirement for criminal liability?
       A criminal act
       A criminal mental state
       A crime victim

10. Which distinguishes criminal law from all other law?
       Other types of law, such as civil law, seek to regulate acts that are contrary to the community interest of the social or government unit
       Criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit
       Criminal Law seeks to influence and protect the public from obvious and egregious moral wrongs
       Other types of law, such as civil law, impose punishment for crimes committed.

11. Through criminal law enactments, _______regularly refine and redefine the criminal law
       Congress and state legislatures
       Congress and the U.S. Senate
       The U.S. and state senates
       The executive and judicial branches of federal government

12. Today, virtually all criminal law is ________; that is, crimes are defined by the legislatures of the states and the federal government
       Common Law
       Case Law

13. Which of the following accurately describes the role of the common law in today's modern criminal justice system?
       In all jurisdictions, common law defines nearly all crimes covered in criminal law states
       Common law takes precedence over statutory law in many jurisdictions
       Common law is usually preferred since statutory law is overly vague
       In most jurisdictions, common law is a predecessor of today's modern statutory criminal law.

14. Which of the following is NOT an influence on modern day statutory law?
       Common law
       The Constitution
       Natural Law
       The Patriot Act

15. Criminal statutes may be unconstitutional for three of the following reasons. Which of the following is NOT one of these reasons?
       The law is contrary to common law and MPC.
       The way in which they are applied by government officials.
       The way in which they are enforced by government officials.
       The statute's written content.

16. Which of the following specifies the methods through which substantive criminal law is enforced?
       Procedural criminal law
       Common law
       Case law
       The Model Penal Code

17. The Sixth Amendment and the due process clauses of the Fifth and Fourteenth Amendments require that the law provide:
       Counsel to defendants
       Protection against cruel and unusual punishment
       Protection against unreasonable searches and seizures
       Right to bear arms

18. Inder the due process clause of the Fourteenth Amendment, criminal statutes must NOT possess three of the following characteristics. Which of the following is an acceptable characteristic of a criminal statute?

19. The substantive due process rights specifically enumerated within the Bill of Rights include three of the following. Which does NOT beling?
       The right to equal protection under the law
       The right to bring grievances against the government
       The right to bear arms
       Protection against cruel and unusual punishment.











9. d












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