Introduction to Paralegalism Exam
Solutions
Course Introduction
Introduction to Paralegalism offers students an overview of the paralegal profession, including the roles, responsibilities, and ethical obligations of paralegals within the legal system. The course examines the various areas of law in which paralegals are employed, such as litigation, corporate law, and real estate, while emphasizing essential skills like legal research, writing, interviewing, and case management. Through practical assignments and case studies, students gain insight into the day-to-day work of paralegals and the ways in which they assist attorneys in delivering legal services effectively and ethically.
Recommended Textbook
Criminal Law and Procedure for the Paralegal 4th Edition by James W. H. McCord
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15 Chapters
674 Verified Questions
674 Flashcards
Source URL: https://quizplus.com/study-set/1769 Page 2
Chapter 1: Foundations of Criminal Law
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49 Verified Questions
49 Flashcards
Source URL: https://quizplus.com/quiz/35212
Sample Questions
Q1) What are the three objectives of punishment in the criminal justice system? List one benefit and one criticism of each.
Answer: Three objectives of punishment in the criminal justice system are as follows: Retribution: promotes stable society by taking the place of vigilante justice;ignores some causes of crime.Deterrence: enforces conformity and incapacitates criminals;is ineffective and leads to overcrowded prisons.Rehabilitation: gives criminals the ability to compete in society;is expensive and can result in longer sentences.(IV. )
Q2) State laws must comply with the U.S.Constitution.
A)True
B)False
Answer: True
Q3) The Magna Carta
A)protected the rights of accused
B)established trial by ordeal
C)was an important document in Roman law
D)increased the power of the state
Answer: A
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3
Chapter 2: Administration of Criminal Justice and the Role
of the Paralegal
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50 Verified Questions
50 Flashcards
Source URL: https://quizplus.com/quiz/35213
Sample Questions
Q1) The information and the indictment are both documents that formally charge the defendant with a crime.
A)True
B)False
Answer: True
Q2) Assume that you are working for an attorney who seldom takes criminal cases,but who has just been appointed to represent an alleged rapist.At a meeting with the attorney at which you are expecting to get investigation assignments,the attorney tells you that the client confessed,so a guilty plea will be entered and,thus,there is no need for investigation.Knowing the ethical responsibility of a defense attorney,what do you do?
Answer: It is improper for a lawyer to advise a defendant to plead guilty merely because the defendant has admitted guilt to the lawyer without exploring facts or determining whether the prosecutor can establish guilt (ABA Standard 4-5.1).
Q3) A ______________________________________ is a body of citizens chosen to hear evidence and determine whether that evidence is sufficient to bring an accused to trial.
Answer: grand jury
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Page 4
Chapter 3: Components of a Crime
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43 Verified Questions
43 Flashcards
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Sample Questions
Q1) What are the four components of a crime,including a definition of each component?
Answer: The components of a crime are
1.Harm or likely harm-an injury or likely injury;the actual damage,injury,or loss that must occur as a result of an act.Harm must occur for that act to be considered criminal.
2.Actus reus-a guilty act;a requirement of the law that a crime must be manifested by some act: striking with a fist or a club,pulling the trigger of a gun,physically delivering cocaine to another.
3.Mens rea-a guilty mind;an act is not generally criminal unless it is accompanied by the state of mind necessary to separate that act from the realm of innocent conduct.This culpable mentality is the component of mens rea,a wrongful state of mind or the intent to commit a crime.
4.Causation-that the harm or likely harm is a direct result of the guilty act.
Q2) ___________________________ behavior is the most serious form of reckless behavior and it is characterized by malicious or arrogant disregard of the known risk to the rights or safety of others.
Answer: Wanton
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Chapter 4: Crimes Against Persons and Crimes Against Habitation
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) The court will decide if a defendant is entitled to a lesser included offense instruction and if it determines it is necessary,it will do so during jury instructions.What two things will the court consider when making this decision?
Q2) Most elder abuse is the result of
A)financial exploitation
B)sexual abuse
C)neglect
D)physical violence
Q3) What are three provisions of the Violence Against Women Act of 1994?
Q4) Oregon is the only state that specifically allows physician-assisted suicide. A)True
B)False
Q5) Matthew and Joan was dressed up to attend a Halloween party.They were dressed as the nursery rhyme characters Jack and Jill,and on the way to the party they encountered Jason,a man Matthew disliked.Jason began taunting Matthew about his sissy costume and Matthew became angry and said,"If this party wasn't so important to my wife,I'd stop and kick your butt." In saying this Matthew assaulted Jason.
A)True
B)False
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Chapter 5: Crimes Against Property, public Order and
Safety, public Morals and Justice and Public Administration
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50 Verified Questions
50 Flashcards
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Sample Questions
Q1) Economic espionage is the theft of trade secrets,the formulas,patterns,devices,processes,or compilations of information that give companies an advantage over their competitors.
A)True
B)False
Q2) In most jurisdictions embezzlement can be committed only by someone who has a duty to another to act in their best interest.This person is called a
A)arsonist
B)robber
C)bailee
D)fiduciary
Q3) A conviction for receiving stolen property usually requires that the defendant
A)possessed stolen goods
B)had control over stolen goods
C)received stolen goods unknowingly
D)participated in the theft
Q4) The law of larceny allows defense to be used when the property stolen from the possession of another actually belongs to the alleged thief.This is known as the defense of _______________
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Chapter 6: Incohate and Organized Crime
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) The case that criminalized attempt in England in 1784 was
A)Regina v.Eagleton
B)Rex v.Scofield
C)Thacker v.Collins
D)Johnson v Scott
Q2) Hearsay testimony by a co-conspirator is allowed because co-conspirators are considered agents of each other.
A)True
B)False
Q3) There is no actus reus in conspiracy.
A)True
B)False
Q4) If one person makes separate agreements to help two different parties commit two separate crimes,only one conspiracy takes place.
A)True
B)False
Q5) What is the last conspirator defense and how is it changing?
Q6) Most states use the last proximate act test for attempt actus reus.
A)True
B)False
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Chapter 7: Defenses
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47 Verified Questions
47 Flashcards
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Sample Questions
Q1) What are two reasons why defendants are protected from double jeopardy?
Q2) There is no defense to the strict liability charge of being a felon in possession of a firearm.
A)True
B)False
Q3) The insanity defense protects those who are
A)mentally ill
B)mentally retarded
C)incompetent at the time of trial
D)unaware of the nature of their acts
Q4) The castle doctrine provides that
A)a defendant need not retreat in their own homes
B)the "reasonable force" requirement is always dropped if the defendant is attacked at home
C)deadly force is not an option to defend the home
D)a defendant must "retreat to the wall"
Q5) The Court in Tennessee v.Garner ruled that police may use any force necessary to arrest suspects.
A)True
B)False
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Chapter 8: Intake and Drafting the Complaint
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25 Verified Questions
25 Flashcards
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Sample Questions
Q1) A criminal summons must be signed by a judge.
A)True
B)False
Q2) After the complaint is drafted,correct procedure includes all of the following except
A)review by the prosecuting attorney
B)signature by the prosecuting attorney
C)filing with the judge
D)filing with the clerk of the court
Q3) An interview of a young child should be conducted as follows except
A)by anyone in the office who is a parent
B)by an experienced psychologist
C)on videotape
D)by an expert
Q4) Items needed for efficient intake include all except
A)a motion to suppress
B)a criminal statute excerpt
C)a criminal complaint form
D)a private setting
E)information on community resources for victims
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Chapter 9: Search and Seizure: History, warrant
Requirements, legislative Development and the Exclusionary
Rule
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48 Verified Questions
48 Flashcards
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Sample Questions
Q1) Probable cause is
A)a preponderance of the evidence
B)proof beyond a reasonable doubt
C)clear and convincing evidence
D)more than a suspicion,less than justification for conviction
Q2) An ___________________ is a written statement made by an individual who has sworn to tell the truth before an official legally authorized to administer an oath.
Q3) A person's expectation of privacy is violated by a search of
A)garbage left for pickup
B)a passenger's bag left on a bus
C)a bag in possession of a passenger
D)an abandoned house
Q4) An individual has a reasonable expectation of privacy in his/her own handwriting and as such law enforcement must obtain a warrant before requesting a handwriting sample from a suspect.
A)True
B)False
Q5) What are the three justifications enumerated in Michigan v.Summers (1981)for detaining a person during a search of premises? Page 11
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Chapter 10: Search and Seizure: Exceptions to the Warrant Requirement
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44 Verified Questions
44 Flashcards
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Sample Questions
Q1) The ________________________ ____________________ doctrine allows evidence to be admitted at trial despite an illegal search or other illegal police activity,if that evidence would ultimately have been discovered anyway.
Q2) Warrantless searches of vehicles are generally allowed because
A)there is a reduced expectation of privacy
B)cars are often used in the commission of crimes
C)car interiors are always within the grasp of the arrestee
D)car interiors are always in plain view
Q3) If there is a possibility that evidence is or will be destroyed by the suspect,the courts will not require the police to get a search warrant,but will use the exception to the warrant requirement known as the evanescent evidence exception.
A)True
B)False
Q4) Police are told by a reliable local informant that he purchased crack cocaine from X over a period of one week at a travel home parked at campsite six at the Joy Campground.Without a warrant,the police go directly to the campsite,enter the motor home,and seize cocaine.Is the cocaine admissible? What are the issues?
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Chapter 11: Confessions and Pretrial Identification
Procedures
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44 Verified Questions
44 Flashcards
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Sample Questions
Q1) Miranda is a straitjacket in many prosecutions because confessions are often a key to convictions.
A)True
B)False
Q2) Eyewitness identification of criminals is extremely reliable.
A)True
B)False
Q3) Incriminating evidence in documents can generally be compelled if
A)it is contained in federal income tax reports
B)it is contained in a letter that goes through a U.S.post office
C)it is subject to a statute that specifically requires the reporting of criminal activity
D)the right against self-incrimination is asserted before the record is kept
Q4) The right against self-incrimination applies to any proceeding where the answers might incriminate the person in future criminal proceedings.
A)True
B)False
Q5) List five main points of the Miranda decision.
Page 14
Q6) Define immunity,use immunity,and transactional immunity.
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Chapter 12: Pretrial Initial Appearance to Preliminary Hearing
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Sample Questions
Q1) Excessive bail is barred by the Eighth Amendment.
A)True
B)False
Q2) What is accomplished at the initial appearance?
Q3) The paralegal's primary task at the preliminary hearing is to
A)provide a bail recommendation to the judge
B)see that witnesses are present and prepared
C)summarize events and outcome
D)keep track of evidence
Q4) A preliminary hearing is required for all felonies.
A)True
B)False
Q5) County of Riverside v.McLaughlin (1991)limits the time elapsed before an initial appearance to 48 hours.
A)True
B)False
Q6) List three general types of conditions that are placed on defendants under supervised pretrial release.
Page 15
Q7) What are the restrictions on interlocutory appeals?
Q8) Name and define three of the five types of pretrial release or bail.
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Page 16
Chapter 13: Pretrial: Grand Jury to Pretrial Conference
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45 Verified Questions
45 Flashcards
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Sample Questions
Q1) A judge will not accept a guilty but mentally ill plea unless
A)it is accompanied by a motion to plea
B)mental illness is provided by a preponderance of the evidence
C)the defendant's family requests it
D)the defendant has been diagnosed as mentally ill
Q2) A plea bargain agreement is confidential and should not be revealed to the victim of the crime.
A)True
B)False
Q3) An in camera inspection of prosecution files for exculpatory evidence should be conducted when
A)discovery begins
B)the defense requests exculpatory evidence and the prosecution claims there is none
C)the defense establishes a basis to believe that exculpatory evidence exists
D)a motion for discovery is pending
Q4) Discovery rules are rigid and uniform.
A)True
B)False
Q5) List four tips for subpoena practice.
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Chapter 14: Trial Rights, procedure, tasks
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44 Flashcards
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Sample Questions
Q1) A chart showing the organizational structure of a continuing criminal enterprise is an example of demonstrative evidence.
A)True
B)False
Q2) List four areas of inquiry regarding scientific and technical evidence.
Q3) Batson v.Kentucky (1986)
A)ruled unconstitutional the use of peremptory challenges to exclude a juror on the basis of race
B)ruled unconstitutional the use of peremptory challenges to exclude a juror on the basis of gender
C)ruled that jurors may not be removed by challenge for cause if they have general scruples against capital punishment
D)ruled that the venire must be a "fair cross-section" of the community
Q4) The Constitution requires jury verdicts to be unanimous.
A)True B)False
Q5) Material evidence is physical evidence,such as a gun or a letter.
A)True
B)False
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Chapter 15: Sentencing,punishment and Review
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45 Flashcards
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Sample Questions
Q1) Three strikes laws provide sentences that are usually
A)mandatory
B)concurrent
C)consecutive
D)indeterminate
Q2) Apprendi v.New Jersey established that most statutory sentence enhancements must be decided by a jury beyond a reasonable doubt.
A)True
B)False
Q3) No punishment in America has been found to be "cruel and unusual" in the past hundred years.
A)True
B)False
Q4) States first abandoned capital punishment in the 1960s.
A)True
B)False
Q5) Judges must usually account for a deviation from the presumptive sentence.
A)True
B)False
Q6) List in order at least five steps in appellate procedure.
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