Reference no: EM132305428

FINAL EXAMINATION

True/False. (You must write the word "True" or "False" if I cannot reasonably tell the difference between your "T" and "F" entries).

1. ______The exclusionary rule prevents illegally obtained evidence from being used in any trial.

2. ______The higher the risk an individual is a flight risk, the higher the amount of his/her bail.

3. ______If a defendant is acquitted at trial, the State has one more opportunity to convict him.

4. ______Robbery involves theft by force or fear.

5. ______There are two types of legal briefs: (1) briefs to a trial court and (2) briefs to an appellate court.

6. _____ The concept of Bail stems from the 5 th Amendment of the U.S. Constitution.

7. _____ The 15 th amendment of the United States Constitution includes the right against self- incrimination.

8. _____ Eminent Domain is the act of government taking of a person's private property for public use without compensation to the property owner.

9. _____ Dying "intestate" is dying without a will.

10. _____ A will can be challenged if it is the product of undue influence.

11. _____ Pre-marital property cannot become marital property even if the spouses commingle the pre-marital property.

12. _____An example of an administrative agency is the FBI (Federal Bureau of Investigation)

13. _____The 6 th and 7 th amendments relate to various rights pertaining to a fair trial.

14. _____Many of the independent administrative agencies operate as miniature versions of the tripartite federal government including rulemaking, adjudicating, and executing such rules through agency personnel.

15. _____Child support can be payable in one of three ways during a family matter; (1) through direct pay; (2) through a wage garnishment; or (3) through the Court's Probation Department.

16. _____A surviving spouse may be expressly disclaimed from a Will.

17. _____If a special contract does not comply with the Statute of Frauds and fails to be in writing, it is automatically unenforceable in Court.

18. _____Solicitation is the crime of having two or more individual agree to commit a crime.

Multiple Choice.

1. Which of the following is NOT a separate heading of an interoffice memorandum?
a. Statement of Facts
b. Statement of Law
c. Conclusion

d. Discussion

2. What types of facts should be included in the Statement of Facts section of an interoffice memorandum?
a. Legally significant facts which affect the outcome of the controversy.
b. All facts except givens.
c. All facts pertaining to the plaintiff.
d. All facts pertaining to the plaintiff and defendant.

3. The right to cross examine witnesses and produce one's own favorable witnesses stems from which amendment in the Bill of Rights:
a. 5 th
b. 8 th
c. 7 th
d. 4 th

4. In which circumstance does Double Jeopardy apply?
a. A prosecution brought by a state where the defendant is acquitted and then a subsequent prosecution brought against the same defendant for the same offense.
b. Prosecutions brought by different states.
c. Prosecutions brought by a state court and a subsequent suit brought by a federal court.
d. A prosecution brought against a defendant after an overturn of his conviction in appellate court.

5. Which of the following is NOT a constitutional right under the 6 th and 7 th amendments of the United States Constitution?
a. Right to a speedy trial
b. Right to a public trial
c. Right to confront and cross-examine witnesses
d. Right against self-incrimination

6. Which of the following is NOT categorized as an inchoate criminal offense?
a. Solicitation
b. Attempt
c. Robbery
d. Conspiracy

7. Which of the following types of contracts does not require that the contract be in writing?
a. Real Estate Transactions
b. Long term contracts not capable of being performed in less than a year
c. The sale of a laptop computer for $450.00
d. Prenuptial Agreements

8. Which of the following is NOT a required element for a valid contract?
a. Acceptance
b. Consideration
c. Offer
d. Money

Short Essay Questions. (Write your responses in the blue book provided to you)

1. What is the purpose of bail? What factors affect how high or how low bail will be set?

2. What are the four (4) rights commonly known as "Miranda" rights? When must the Miranda rights be read to a defendant?

3. Explain the differences between the crimes of solicitation, attempt, and conspiracy.

4. What is the Statute of Frauds and what types of contracts belong under this doctrine? Name all. (You do not need to describe all; just name them)

5. What are administrative agencies? In other words, what is their purpose? Additionally, give examples of at least three (3) administrative agencies.

6. Name at least three types of rights from the 6 th and 7 th amendments combined, afforded to each individual. Your answer must include only three constitutional rights (not six).

7. Under contract law, describe the doctrines of anticipatory repudiation and promissory estoppel.

8. Name at least three different grounds to find a contract immediately unenforceable.