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CA BOYS STATE BAR EXAM NEWEST 2024 -2025
ACTUAL EXAM COMPLETE 100 QUESTIONS
AND CORRECT DETAILED ANSWERS|ALREADY
GRADED A+
Return (having to do with a Writ) - 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 - 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? - ANSWER- In California, the Superior Courts, District Courts of Appeal and the Supreme Court may issue writs.
Bail - 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. 1 / 3
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Admission to Bail - ANSWER- the order that the defendant be out of custody and given bail
Deposit in lieu of bail - ANSWER- The defendant may have to deposit money in order to get bail
own recognizance (related to bail) - 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 - 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) - ANSWER- found NOT GUILTY (by Judge or Jury)
Beyond a reasonable doubt (in a criminal trial) - 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).
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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 - ANSWER- the person suing someone else
civil case - ANSWER- when one citizen sues another citizen
Preponderance of the evidence - ANSWER- in civil cases, the plaintiff (person suing) has the burden of proving his/her right to recover from the defendant (person being sued) by a "preponderance of evidence" (this means the evidence is a more convincing than the opposing side)
Defendant (in a civil case) - ANSWER- Person being sued
Unanimous Jury Required - ANSWER- Before a guilty verdict can be returned in a criminal trial, all 12 jurors must agree. If they don't agree, the jury is deadlocked (or "hung") and a mistrial is declared.
How many jurors in a criminal trial? - ANSWER- 12 (6 are used at Boys State)
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