1. In order to insure that a case cannot be started many years after the reason for the case arose, the legislature passes a law setting a time limit to bring the case. This is called

		Ex post facto,
		statute of limitations
		expired time

3 points

QUESTION 2

1. A crime that can result in jail time exceeding one year is a

		Felony,
		misdemeanor,
		violation

3 points

QUESTION 3

1. A lawyer makes an application to the Court by making a

		gesture
		record on appeal
		motion

3 points

QUESTION 4

1. Being very poor so you cannot afford a lawyer may mean that you are

		On welfae
		indigent
		pauperoous

3 points

QUESTION 5

1. If what you do today is legal, and the legislature makes the same thing illegal, you cannot be prosecuted for doing it before it was illegal. If you were prosecuted your lawyer could claim that as to you, the law was

		Stare Decisis
		Ex Post Facto
		Precedent

3 points

QUESTION 6

1. As we have seen in the Trump impeachment melodrama, Congress cannot pass a law saying thatyou are guilty of a crime, without giving you a trial. To do so would mean they are passing

		Bill of Attainder
		Act of Libel
		Post Facto Law

3 points

QUESTION 7

1. You cannot be convicted again for thesame crime once you have been acquitted. To do so would mean you were in

		Equitable Extremis
		Double Jeopardy
		Danger of losing Life and Limb

3 points

QUESTION 8

1. . To win a criminal case, you must raise ______________ in the minds of the jury.

		Evidence
		Reasonable Doubt
		an Action at Law

3 points

QUESTION 9

1. When the U.S. Supreme Court writes an opinion treating only one of several issues, you can say the opinion of the court was

		Broad,
		Narrow
		Inconclusive

3 points

QUESTION 10

1. If the US Supreme Court writes an opinion disposing of many issues, you could say the opinion was

		Broad,
		Narrow,
		Inconclusive

3 points

QUESTION 11

1. John Everyman who is down on his luck, tells his friend, "I am so broke, strictly because, of the New York Economy- I have no money because Governor Hochul is robbing New York blind". He decides to rob a local convenience store. He borrows a gun from a friend and tells the friend that "I am going to get money". Everyman waits for closing time on Friday night and goes into the store wearing a ski mask over his face. Everyman tells the clerk "Give me all the money that you have in your cashbox". When the clerk gives Everyman the money, he turns and runs out. When the police arrive, they take the clerk in a police car and drive him around the neighborhood. He sees Everyman and points him out to the police. The police arrest Everyman and bring him down to the station. Everyman is booked and having heard Professor Rubin say: "if you are ever arrested the first thing you say is 'I want a Lawyer'". When he is allowed a telephone call to call his lawyer he tells the police that he is actually indigent and needs an Court appointed lawyer. Everyman is told since his case does not involve the death penalty he cannot have a court appointed counsel. Without getting legal assistance, Everyman is then placed in a lineup to be identified by the clerk a second time and to help in the identification he is forced to say "Give me all the money you have in your cashbox". Everyman is dressed in a blue jeans and a Tee Shirt. He is placed in a lineup with five other men all about his size and all are dressed up as Ronald McDonald. The store clerk points him out immediately. When his lawyer arrives Everyman is released on bail. Hochul, hearing about the statement that Everyman made to his friend serves Everyman with a Civil summons accusing him of libel. The criminal case goes to trial in a State Criminal Court. When the clerk points Everyman out to the police, in the street, this is called a "show-up" and is valid even though no lawyer was present. True False

3 points

QUESTION 12

1. When Everyman is identified in the lineup, he can claim that the identification is invalid because he did not have a lawyer present True False

3 points

QUESTION 13

1. If Everyman claims a violation of his rights under the Bill of Rights (that he had no lawyer), and were the trial held in aFederal Court, he could claim a violation of his "Fourth Amendment"and "Fourteenth Amendment" rights. True False

3 points

QUESTION 14

1. If Everyman claims a violation of his rights under the Bill of Rights (that he had no lawyer), and were the trial held in aState Court, he could claim a violation of his "Fourth Amendment"and "Fourteenth Amendment" rights. True False

3 points

QUESTION 15

1. If the trial were held in aState Court, and the lineup were deemed improper, because no lawyer was present, the basis would be a violation of Everyman's "Fifth Amendment" rights against self-incrimination True False

3 points

QUESTION 16

1. The State Prosecutor is wrong when he claims that the foregoing Amendment(s ) do not apply because they are part of the Federal Constitution and do not apply to the State Trial. True False

3 points

QUESTION 17

1. Everyman has no money, whatsoever and cannot hire a lawyer. He is charged with a felony. He has a right to have a lawyer appointed in aFederal Courtproceeding (assume that there is jurisdiction). True False

3 points

QUESTION 18

1. Everyman has no money, whatsoever and cannot hire a lawyer. He is charged with a felony. He has a right to have a lawyer appointed in aState Courtproceeding. True False

3 points

QUESTION 19

1. When Everyman is forced to speak at the lineup, he claims that he was deprived of his right against self-incrimination. He is right and this is a violation of a "Fifth Amendment" protection. True False

3 points

QUESTION 20

1. . Governor Cuomo's reputation has been injured by Everyman's spoken words, Cuomo has started a valid lawsuit against Everyman True False

3 points

QUESTION 21

1. In the last part of a "Bench Trial" the judge may instruct the jury as to the applicable law so that they may correctly apply it to the facts. True False

4 points

QUESTION 22

1. When a policeman pulls you over to give you a ticket, you are informally "under arrest" until you are permitted to drive away True False

4 points

QUESTION 23

1. Chief Justice Marshall should have "recused" himself from judgingMarbury v. Madison because as President Adam's Secretary of State, he knew all about the case in advance, and had in fact affected the case. True False

4 points

QUESTION 24

1. Habeas Corpus is known as the "Great Writ" because a judgemay neverdeny it when it is brought before him. True False

4 points

QUESTION 25

1. The 14^th Amendment "Hook" which brings the 6^th Amendment down to the States is based upon a finding that a fair trial is a fundamental right. True False

4 points

QUESTION 26

1. The 14^th Amendment is not part of the "Bill of Rights" True False

4 points

QUESTION 27

1. Wade (the Lineup Case)) indicated that in order to violate the 5^th Amendment right against self- incrimination the words he was forced to say must be "testimonial." True False

4 points

QUESTION 28

1. .Betts distinguished itself fromPowell, sincethe rule ofPowell was based on a broad decision by the U.S. Supreme Court True False

4 points

QUESTION 29

1. One of the reasons that a lawyer is requiredby the 1^st Amendment inboth Federal and State trials, is that it would be a violation of Fundamental Fairness not to have one. True False

4 points

QUESTION 30

1. When you bring a lawsuit under the theory of "Incorporation" you must plead both the section of the US Constitution which you say was violated as well as the 14th Amendment True False
2. In order to insure that a case cannot be started many years after the reason for the case arose, the legislature passes a law setting a time limit to bring the case. This is called

		Ex post facto,
		statute of limitations
		expired time

3 points

QUESTION 2

1. A crime that can result in jail time exceeding one year is a

		Felony,
		misdemeanor,
		violation

3 points

QUESTION 3

1. A lawyer makes an application to the Court by making a

		gesture
		record on appeal
		motion

3 points

QUESTION 4

1. Being very poor so you cannot afford a lawyer may mean that you are

		on welfare
		indigent
		pauperous

3 points

QUESTION 5

1. If what you do today is legal, and the legislature makes the same thing illegal, you cannot be prosecuted for doing it before it was illegal. If you were prosecuted your lawyer could claim that as to you, the law was

		Stare Decisis
		Ex Post Facto
		Precedent

3 points

QUESTION 6

1. As we have seen in the Trump impeachment melodrama, Congress cannot pass a law saying thatyou are guilty of a crime, without giving you a trial. To do so would mean they are passing

		Bill of Attainder
		Act of Libel
		Post Facto Law

3 points

QUESTION 7

1. You cannot be convicted again for thesame crime once you have been acquitted. To do so would mean you were in

		Equitable Extremis
		Double Jeopardy
		Danger of losing Life and Limb

3 points

QUESTION 8

1. . To win a criminal case, you must raise ______________ in the minds of the jury.

		Evidence
		Reasonable Doubt
		an Action at Law

3 points

QUESTION 9

1. When the U.S. Supreme Court writes an opinion treating only one of several issues, you can say the opinion of the court was

		Broad,
		Narrow
		Inconclusive

3 points

QUESTION 10

1. If the US Supreme Court writes an opinion disposing of many issues, you could say the opinion was

		Broad,
		Narrow,
		Inconclusive

3 points

QUESTION 11

1. John Everyman who is down on his luck, tells his friend, "I am so broke, strictly because, of the New York Economy- I have no money because Governor Hochul is robbing New York blind". He decides to rob a local convenience store. He borrows a gun from a friend and tells the friend that "I am going to get money". Everyman waits for closing time on Friday night and goes into the store wearing a ski mask over his face. Everyman tells the clerk "Give me all the money that you have in your cashbox". When the clerk gives Everyman the money, he turns and runs out. When the police arrive, they take the clerk in a police car and drive him around the neighborhood. He sees Everyman and points him out to the police. The police arrest Everyman and bring him down to the station. Everyman is booked and having heard Professor Rubin say: "if you are ever arrested the first thing you say is 'I want a Lawyer'". When he is allowed a telephone call to call his lawyer he tells the police that he is actually indigent and needs an Court appointed lawyer. Everyman is told since his case does not involve the death penalty he cannot have a court appointed counsel. Without getting legal assistance, Everyman is then placed in a lineup to be identified by the clerk a second time and to help in the identification he is forced to say "Give me all the money you have in your cashbox". Everyman is dressed in a blue jeans and a Tee Shirt. He is placed in a lineup with five other men all about his size and all are dressed up as Ronald McDonald. The store clerk points him out immediately. When his lawyer arrives Everyman is released on bail. Hochul, hearing about the statement that Everyman made to his friend serves Everyman with a Civil summons accusing him of libel. The criminal case goes to trial in a State Criminal Court. When the clerk points Everyman out to the police, in the street, this is called a "show-up" and is valid even though no lawyer was present. True False

3 points

QUESTION 12

1. When Everyman is identified in the lineup, he can claim that the identification is invalid because he did not have a lawyer present True False

3 points

QUESTION 13

1. If Everyman claims a violation of his rights under the Bill of Rights (that he had no lawyer), and were the trial held in aFederal Court, he could claim a violation of his "Fourth Amendment"and "Fourteenth Amendment" rights. True False

3 points

QUESTION 14

1. If Everyman claims a violation of his rights under the Bill of Rights (that he had no lawyer), and were the trial held in aState Court, he could claim a violation of his "Fourth Amendment"and "Fourteenth Amendment" rights. True False

3 points

QUESTION 15

1. If the trial were held in aState Court, and the lineup were deemed improper, because no lawyer was present, the basis would be a violation of Everyman's "Fifth Amendment" rights against self-incrimination True False

3 points

QUESTION 16

1. The State Prosecutor is wrong when he claims that the foregoing Amendment(s ) do not apply because they are part of the Federal Constitution and do not apply to the State Trial. True False

3 points

QUESTION 17

1. Everyman has no money, whatsoever and cannot hire a lawyer. He is charged with a felony. He has a right to have a lawyer appointed in aFederal Courtproceeding (assume that there is jurisdiction). True False

3 points

QUESTION 18

1. Everyman has no money, whatsoever and cannot hire a lawyer. He is charged with a felony. He has a right to have a lawyer appointed in aState Courtproceeding. True False

3 points

QUESTION 19

1. When Everyman is forced to speak at the lineup, he claims that he was deprived of his right against self-incrimination. He is right and this is a violation of a "Fifth Amendment" protection. True False

3 points

QUESTION 20

1. . Governor Cuomo's reputation has been injured by Everyman's spoken words, Cuomo has started a valid lawsuit against Everyman True False

3 points

QUESTION 21

1. In the last part of a "Bench Trial" the judge may instruct the jury as to the applicable law so that they may correctly apply it to the facts. True False

4 points

QUESTION 22

1. When a policeman pulls you over to give you a ticket, you are informally "under arrest" until you are permitted to drive away True False

4 points

QUESTION 23

1. Chief Justice Marshall should have "recused" himself from judgingMarbury v. Madison because as President Adam's Secretary of State, he knew all about the case in advance, and had in fact affected the case. True False

4 points

QUESTION 24

1. Habeas Corpus is known as the "Great Writ" because a judgemay neverdeny it when it is brought before him. True False

4 points

QUESTION 25

1. The 14^th Amendment "Hook" which brings the 6^th Amendment down to the States is based upon a finding that a fair trial is a fundamental right. True False

4 points

QUESTION 26

1. The 14^th Amendment is not part of the "Bill of Rights" True False

4 points

QUESTION 27

1. Wade (the Lineup Case)) indicated that in order to violate the 5^th Amendment right against self- incrimination the words he was forced to say must be "testimonial." True False

4 points

QUESTION 28

1. .Betts distinguished itself fromPowell, sincethe rule ofPowell was based on a broad decision by the U.S. Supreme Court True False

4 points

QUESTION 29

1. One of the reasons that a lawyer is requiredby the 1^st Amendment inboth Federal and State trials, is that it would be a violation of Fundamental Fairness not to have one. True False

4 points

QUESTION 30

1. When you bring a lawsuit under the theory of "Incorporation" you must plead both the section of the US Constitution which you say was violated as well as the 14th Amendment True False