Boys State Bar Exam Practice- CA/2023 Questions with Verified Answers Rated A+ Who can file and prosecute criminal charges against persons believed to have committed a crime? - Correct Answer County District Attorney or State Attorney General Defendant (in criminal case) - Correct Answer A person charged with a criminal offense In whose name are cases filed against a person charged with a criminal offense? - Correct Answer Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA against the person charged with a crime What are the US and CA Constitutional guarantees to one charged with a crime? -
Correct Answer The right :
- To a speedy and public trial by court or jury
- To appear in person and with counsel (an attorney)
- To produce witnesses on his or her behalf and to be confronted with the witnesses
- not to testify (known as "right against self-incrimination")
against him or her in the presence of the Court and jury and cross-examine those witnesses
Felony? - Correct Answer A felony is a crime punishable by incarceration in the State prison for one year or longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or by an "information" filed by the District Attorney (examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, and sale of narcotics) Misdemeanor - Correct Answer All other crimes that aren't felonies or infractions. They are punishable by fine and/or imprisonment in the County Jail (not State Prison) for a period of less than one year.
(examples: simple assault, battery, petty theft, possession of small amounts of
narcotics, disturbing the peace and violations of some City or County ordinances.Infraction - Correct Answer 1. Minor violations of City or County ordinances (a citation - "a ticket" is usually given and the punishment is usually a fine or assignment to public service or both)
- Not punishable by imprisonment
Habeas Corpus - Correct Answer principle that a person cannot be held in prison without first being charged with a specific crime Writ of Habeas Corpus - Correct Answer A court order requiring jailers to explain to a judge why they are holding a prisoner in custody. 1 / 2
Writ - Correct Answer A court order Return (having to do with a Writ) - Correct Answer the official upon who the writ is served must make a return stating the reason the person has been imprisoned (?? page 2, number 3) proceeding on hearing - Correct Answer After a Writ of habeas corpus is filed and a return is made, the court then proceeds to hear such proof in favor or against detention.If no legal cause is shown, the court may excuse the accused from custody ( or the court must remand the individual to the custody of the offical).What courts can issue a Writ? - Correct Answer In California, the Superior Courts, District Courts of Appeal and the Supreme Court may issue writs.Bail - Correct Answer A defendant may be allowed bail after a criminal charge has been filed against him/her, as a matter of right, UNLESS the charge is punishable by death and the presumption of guilt is evident. However, the court has the discretion to set bail.Admission to Bail - Correct Answer the order that the defendant be out of custody and given bail Deposit in lieu of bail - Correct Answer The defendant may have to deposit money in order to get bail own recognizance (related to bail) - Correct Answer When a person is granted bail and does not have to deposit money; they just make a promise to appear at the court hearings.burden of proof - Correct Answer In all criminal trials, a defendant is presumed innocent unless and until the prosecutor proves guilt BEYOND A REASONABLE DOUBT (to the Judge in a Court Trial or the Jury in a Jury Trial) Acquitted (or acquittal) - Correct Answer found NOT GUILTY (by Judge or Jury) Beyond a reasonable doubt (in a criminal trial) - Correct Answer If after hearing all of the evidence, there is a reasonable doubt whether the defendant committed a crime, the defendant must be acquitted (NOT GUILTY).If there is no reasonable doubt, the prosecutor has met his/her burden of proof and the verdict must be that the defendant is GUILTY.plaintiff - Correct Answer the person suing someone else civil case - Correct Answer when one citizen sues another citizen
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