Question
1 Marvin has a case pending in the Circuit Court of Appeals.Which court did Marvin's case come from? U.S.Supreme Court U.S.Court of Appeals U.S. District
1 Marvin has a case pending in the Circuit Court of Appeals.Which court did Marvin's case come from?
U.S.Supreme Court
U.S.Court of Appeals
U.S. District Court
The appellate division
2 Kim brought a federal law suit against Fran.Fran lost and appealed the court's decision.The appellate court affirmed the lower court's decision.Fran wishes to appeal again.Assuming Fran is granted leave to appeal,which court will hear the appeal?
The NYS Court of Appeals
Circuit Court of Appeals
NYS Supreme Court
US Supreme Court
3 An Albany County jury found Robert guilty of murder.Robert wishes to appeal his conviction.Which court would hear Robert's appeal?
The US District Court
The appellate division
The Circuit Court of appeals
The county court
4 Mike is charged with a felony.His attorney requested a preliminary hearing in City Court.Which of the following statement is most accurate?
Group of answer choices
Mike will be entitled to a preliminary hearing immediately before his criminal trial begins.
Mike will only be entitled to a preliminary hearing if the county court judge permits one.
Once Mike is indicted by a grand jury he has no right to a preliminary hearing.
Mike will have his preliminary hearing after he is indicted.
5 The Albany County Department of Social Services filed a child neglectpetition against Melvin.Which court would most likely hear the case?
Group of answer choices
County Court
Family Court
The Appellate Division
Surrogate Court
6 Which statement about preliminary hearings is most accurate?
Group of answer choices
A defendant is only entitled to a preliminary hearing if he is charged with a misdemeanor.
Two of the answers are correct.
Once a defendant is indicted there is no right to a preliminary hearing.
the purpose of a preliminary hearing is to see if there is enough evidence to hold a defendant's case for grand jury action.
7 Marcus and Bruce were hanging out.Marcus had some crack on him.He gave Bruce some to try.Which is the most accurate statement?
Group of answer choices
Marcus can only be charged with criminal sale of a controlled substance if Marcus had the intent to sell the drugs - as opposed to the intent to gift or give the drugs.
Marcus cannot be charged (and convicted) of criminal sale of a controlled substance because he did not sell the drugs - instead he gave the drugs to Bruce.
Marcus can be charged with criminal possession of a controlled substance and not criminal sale of a controlled substance - because Marcus possessed the drugs but did not sell them.
Marcus can be charged (and convicted) of criminal sale of a controlled substance even though he did not receive any money for the drugs.
8 Ethan went over to Joe's house to watch a football game.Once inside the house, Ethan noticed cash on Joe's counter.When Joe went to the bathroom, Ethan helped himself to a $20.00 bill.Which statement is most accurate?
Group of answer choices
Ethan can be charged with a robbery and a larceny for stealing $20.00.
Ethan cannot be charged with a robbery since he did not enter Joe's house with the intent to commit a crime.Ethan can be charged with a larceny for stealing $20.00.
Ethan can be charged with a burglary even though he did not enter Joe's house with the intent to commit a crime.Ethan can also be charged with a larceny for stealing $20.00.
Ethan cannot be charged with a burglary since he did not enter Joe's house with the intent to commit a crime.Ethan can be charged with a larceny for stealing $20.00.
9 Jack hung his coat on the coat rack.Justin hung his coat on top of Jack's coat.When Justin went to grab his coat, he accidentally took Jack's coat when he took his own coat.Which statement is most accurate?
Group of answer choices
Justin has committed the intentional tort of trespass to chattel because he took Jake's court.
Justin has committed the intentional tort of trespass to chattel even though he did not intend to take Jake's coat.Justin took the coat he intended to take.Mistake is not a defense.
Justin has not committed the intentional tort of trespass of chattel because he did not intend to take Jake's coat.
Two of the answers are correct.
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