28 Jan (TCO1)Explain the doctrine

JADM340 Criminal Evidence

Week 3 Quiz

Question 1

(TCO1) Law that defines the process of adjudication is known as:

Common law

Procedural law

Substantive law

Relevant law

The Constitutional Imperative Doctrine

Question 2

(TCO1) Crimes that are not naturally immoral, but whose wrongness lies in their legal prohibition are regarded as:

Mala in se

Mala et al

Mala prohibita

Mala in fregit

Mala aforethought

Question 3

(TCO1) Which Amendment of the U.S. Constitution protects religious freedom and freedom of speech?

First

Second

Fourth

Fifth

Sixth

(TCO1) Which Amendment of the U.S. Constitution precludes searches and seizures without probable cause?

First

Second

Fourth

Fifth

Sixth

Question 5

(TCO1) Which Amendment of the U.S. Constitution protects individuals from cruel and unusual punishment?

Fifth

Sixth

Eighth

Fourteenth

None of the above

Question 6

(TCO2) The Judiciary Act of 1789 was an attempt to establish a strong:

State court system

Federal court system

Territorial court system

National court system

Parliamentary court system

Question 7

(TCO2) Which of the following contain all manner of of evidence within the case-in-chief?

Direct

Real

Scientific

All of the above

A & B only

Question 8

(TCO2) Which of the following are defenses raised in a criminal trial?

Insanity

Necessity

Duress

All of the above

None of the above

Question 9

(TCO3) Evidence is available in many forms and may be represented by which of the following?

Material objects

Scientific analysis

Eyewitness accounts

All of the above

None of the above

Question 10

(TCO3) Evidence which “stands on its face” is called:

Real Evidence

Prima Facie Evidence

Material Evidence

Circumstantial Evidence

Evidence Per Se

Question 11

(TCO3) There are some situations that arise in the criminal courts in which the jury is instructed on what to believe and are not free to draw independent inferences. these situations are such that jurors must adopt the statement or the evidence as fact. These situations include:

Presumptions

Stipulations

Judicial notice

All of the above

None of the above

Question 12

(TCO3) Adjudicative facts include which of the following?

Idioms

Legislative history

Information about the impact of extant laws

Statutory interpretation

None of the above

Question 13

(TCO4) That standard of evidence necessary to effect the arrest of an individual or that induces the belief in the mind of a reasonable officer that the accused committed a crime:

Reasonable suspicion

Probable cause

Beyond a reasonable doubt

Beyond a scintilla of doubt

Clear and convincing evidence

Question 14

(TCO4) This Amendment of the U.S. Constitution provides that “…no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”:

First

Fourth

Fifth

Sixth

Eighth

Question 15

(TCO4) This type of warrant is extremely unique in that it is issued prior to the arrival of the evidence in a particular location:

Sneak and Peak warrant

No Knock warrant

Antedated warrant

Nighttime warrant

Anticipatory warrant

Question 16

Not yet graded / 10 pts

(TCO1)Explain the doctrine of Stare Decisis.

Question 17

(TCO2)Discuss what is meant by an affirmative defense. How does an affirmative defense differ from a plea of nolo contendere?

Question 18

(TCO3)Explain what types of inferences may not be drawn from circumstantial evidence.

Question 19

(TCO4)Compare and contrast Sneak-and-peak Warrants from No-Knock Warrants. Give an example of each.