Criminal Law And Business

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Question 1

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The classification of crime is based on the punishment imposed in the event of a conviction of the alleged crime.

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Question 2

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Misdemeanors are punishable by a mandatory jail sentence of 12 months.

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Question 3

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Felony cases are commenced with the filing of an information, and misdemeanors are usually commenced with an indictment.

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Question 4

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A defendant might plead nolo contender to avoid a criminal conviction being used as a basis for a civil suit.

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Question 5

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The grand jury does not make a determination of guilt.

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Question 6

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Once a grand jury is convened, all members must be present to hear evidence and vote on cases.

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Question 7

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The grand jury attempts to determine that a probable cause exists to believe that the accused committed the crime.

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Question 8

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Grand juries have subpoena powers.

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Question 9

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The Bill of Rights was passed because of concern over the power given to a central government, at the expense of the individual citizen, by the Constitution.

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Question 10

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A city building inspector, inspecting for building code violations, must obtain a search warrant if the owner of the premises objects to the search.

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Question 11

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To protect individual citizens, courts have held that police officers making an arrest need a search warrant to search that person and the immediate area around that person for weapons.

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Question 12

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Mere silence can invoke Miranda protections.

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Question 13

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Employees of some businesses do not have Fourth Amendment protections because of public policy considerations.

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Question 14

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The Fifth Amendment right against self-incrimination does not protect the accused from being compelled to produce real or physical evidence.

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Question 15

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The protection against compulsory self-incrimination applies to corporations, including professional corporations and partnerships.

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Question 16

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In a criminal trial, when a defendant is found innocent, the prosecution always has the right to a second trial.

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Question 17

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Courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation.

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Question 18

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The double jeopardy law prohibits two trials in cases when an illegal activity has violated both federal and state laws.

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Question 19

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The Sixth Amendment gives the right to a speedy jury trial in a criminal matter.

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Question 20

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The Sixth Amendment gives the right to a speedy jury trial in a criminal matter.

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