FINAL EXAM - Fa23

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Quinnipiac University *

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101

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Law

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Jan 9, 2024

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LE 101, section DE Name : FINAL EXAM DUE: December 15, 2023 Instructions : This final exam , which constitutes 25% of your course grade , covers the material in chapters 11 (Family), 12 (Criminal law), and 13 (Criminal Procedure) of our text . It tests your ability to apply the concepts and doctrines in those substantive areas of law. Be sure to answer each question completely as most questions have multiple parts. I suggest reading over your completed exam to make sure your answers make sense. You will not receive credit for answers that do not demonstrate a clear understanding of the material. Your answers must be your own. You must upload your answers no later than 11:59pm on Friday, December 15, 2023. 1. True or False Criminal charges against a defendant can be dropped at any time by the prosecutor. (1 point) 2. If the following facts were true, which pretrial motions might you file on behalf of the defendants? (10 points) a. All of the local papers have reported that the judge on the case used to be married to the victim. b. Both of the two defendants claims that the other defendant was the sole assassin. c. The defendant, who is represented by a public defender, needs to conduct an independent drug evaluation, especially since the defendant alleged the white, powdery substance is ground kosher salt bought to add flavor to a stew.
d. Four of the seven witnesses prepared to testify at trial are related by blood or marriage. e. The police stopped the defendant for speeding and then proceeded to search the glove compartment, in which they found a bog of heroin. 3. Under common law, crimes are classified in two general categories - ____________________ crimes which are inherently bad and ________________________________________________ crimes, which are crimes because the law says they are. (2 points) 4. During a sentencing hearing, which of the following is not likely to happen? ______. (1 point) a. Both the prosecution and the defense have an opportunity to present evidence that was not relevant to whether the defendant committed the crime but is relevant to the nature of punishment that is to be imposed. b. The judge receives a presentence report that reviews the defendant's criminal record, work record, family background, and other factors considered relevant in determining the appropriate punishment. c. The judge will listen to newly discovered evidence regarding whether the defendant committed the crime. d. The judge may listen to victim impact statements. 5. What defense(s) might be available to the following individuals? (12 points) a. The Elliots complained to the police that the son of their next-door neighbor broke their garage windows with rocks. They wanted him arrested. The police went next door to arrest the boy, and they discovered that he is seven years old. They arrested him and brought him to the police station. He was charged with destroying the Elliots’ property.
b. Marcus was arrested for the murder of his cousin Michael. At the time that Michael was killed Marcus claimed that he was on a business trip 300 miles away. c. Paula walked toward her car after work, she was confronted by Terry, who pointed a realistic toy gun at Paula and demanded that Paula hand over her wallet. Paula took a gun out of her purse and shot and killed Terry. d. After his car was forced off the road, Patrick tried to stop the bleeding on his wife’s face. When she passed out, Patrick ran to a nearby home, jumped over the fence, and banged on the front door. When the occupants would not let him in, Patrick broke a window of the house, climbed through, and ran toward the telephone. The homeowner grabbed a rifle and shot Patrick in the back. e. During a grocery store robbery, a thief held a gun to a customer’s head and demanded he put all the money from the store safe into a bag, which he did. When the police arrived, they arrested the customer for robbery. f. George Jefferson was tried for murder. After the jury returned a not guilty verdict, George held a press conference and confessed that he had indeed committed the murder. With this new evidence, the prosecutor wants to try George a second time for murder.
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6. True or False Since 1978, in order to divorce, a plaintiff spouse in Connecticut has to to prove grounds such as adultery. Explain your answer: _____________ ___________________________________________________________ ___________________________________________________________ ____________________________________________________. (3 points) 7. Explain whether custodial interrogation took place during the following incidents. (8 points) a. A suspect ran up to the police officer and cried, “Help! I killed him! I killed him! I didn’t mean to do it!” b. An officer walked up to a group of boys hanging around on a street corner and said, “Hey, guys. What are you doing here?” c. While at the police station the suspect explained how he stole the car from the parking lot down the street. d. As an officer asked questions, the suspect wrote answers on a piece of paper. 8. True or False The Model Penal Code has been adopted verbatim in most states. (1 point) 9. _______________________________ is an agreement to commit an unlawful act, a crime where something prevented the unlawful act from being committed. It is one of three _________ _______________________________. The other two are _______________________ and _______________________. (4 points)
10. What was Marcus Barrington’s legal argument for the reversal of his federal conviction in United States v. Barrington? (4 points) 11. The police can conduct a stop and frisk ________. (1 point) a. of any individual, at any time they want. b. only when the police officer has a reasonable suspicion that the individual has committed, is in the process of committing, or is about to commit a crime. c. only when the police officer has probable cause to believe that the individual has committed, is in the process of committing, or is about to commit a crime. d. only when the police officer knows that the individual has com- mitted, is in the process of committing, or is about to commit a crime. 12. Persons are under arrest when ________. (1 point) a. they are placed in handcuffs or otherwise physically restrained. b. their freedom is restrained, and they are charged with a crime. c. they have appeared before a judge at a probable cause hearing and have been found guilty. d. the police stop them and inquire as to whether they can ask some questions. 13. Which of the following does not constitute a "search"? ________ (1 point) a. Looking around a suspect’s bedroom closet. b. Opening a suspect’s refrigerator. c. Viewing the inside of the suspect's living room. d. Observing the license plate of a suspect’s automobile. 14. If a police officer looks in the driver's window of a car that was stopped for a minor traffic offense, she can seize a partially filled beer can she observes
sitting on the automobile's front seat. This is because ________. (1 point) a. cars are not "private" places. b. of the exigent circumstances doctrine. c. of the plain view doctrine. d. of the hot pursuit doctrine. 15. Read Singh v. Singh, 63 Conn. L. Rptr. No. 15, 587 (March 13, 2017) (separate link in the Assignments section of Blackboard). Answer the following questions. a. Who filed a lawsuit when the parties separated? For what (cause of action)? (2 points) b. What did Cecelia Singh have to do (i.e. what specific steps did she have to take) to file the dissolution action in New Haven Superior Court? Explain thoroughly. (6 points) c. What pendente lite motion(s) did Cecelia Singh file in the dissolution action? What relief was she seeking? (2 points) d. What pretrial motion(s) did Dinesh Singh file in the dissolution action? Why? (3 points) e. True or False There is a presumption that both Cecilia and Dinesh will make decisions about their daughter’s well-being. This decision-making authority is referred to as _________________________________ _____________________________________ (2 points)
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f. What was the role of Allison Kaas in the parties’ custody case? ________________________ ________________________________________________________________A __________________________ and a _______________________________ are two other people who could have been appointed by the court to give input regarding its decision. (3 points) g. The judge must decide who gets custody of Shalani based on what standard? (1 point) h. How will the judge decide which parent pays child support and in what amount? (3 points) i. Which of the following statements is not true? ______ (1 point) a. The rules of procedure and pleadings for the custody and the dissolution action are the same. b. Judge Shluger made findings of fact. c. Garrison v. Garrison was precedent relied upon by the court in making its decision. d. Based on the holding, the divorce case will now proceed to trial. e. None of the above f. All of the above 16. Explain why the Massachusetts Supreme Court ruled that Michael Robertson could not be convicted of “upskirting.” (6 points)
17. True or False Because of the 2015 U.S. Supreme Court decision in Obergefell v.Hodges same-sex marriage is legal in all 50 states. (1 point) 18. Martha made her living as a prostitute. One night as she was standing on a street corner, Sam approached her and asked to purchase her services. As soon as she said yes, Sam (an undercover policeman) arrested her. At her trial, ______ (1 point) a. Martha would have a good case for arguing entrapment as she would not have committed the crime if the undercover policeman had not approached her. b. Martha would have a good case for arguing entrapment as the policeman tricked her by working undercover. Martha would not have a good case for arguing entrapment as the facts indicate she had a predisposition for committing this crime. d. Martha would not have a good case for arguing entrapment as she clearly indicated her willingness to participate. 19. Define/describe/explain the following (in your own words!): a. Plea bargain (1 point) b. Nolo contendere (2 points) c. fruit of the poisonous tree doctrine (2 points) g. Clemency (2 points)
20. Why is there no requirement that a criminal defendant take the stand? (2 points)
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