FINAL EXAM - Fa23
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School
Quinnipiac University *
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Course
101
Subject
Law
Date
Jan 9, 2024
Type
odt
Pages
9
Uploaded by BailiffDanger13040
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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