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25.03.26 U.S. v. Dominique Stephens Test Flashcards | StudBud
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25.03.26 U.S. v. Dominique Stephens Test
25.03.26 U.S. v. Dominique Stephens Test
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1
Battered woman syndrome is....
a psychological condition caused by severe domestic violence
hitting your spouse with your car
psychological condition caused by a traumatic event
right to kill someone if they are chasing you with a knife
2
The Miranda Warnings state...
You have the left to remain silent
Nothing you say can be used against you
Nothing you say can and will be used against you
You have the right to remain silent
3
What does actus reus translate to?
failure to act
guilty act
guilty mind
causation
4
True or false: Proving provocation might reduce a murder charge to a manslaughter charge.
False
True
5
An affidavit is...
A sworn statement that can be used as evidence
A judge
Evidence heard by a third party who is not a witness
Party bringing the case
6
The 6th amendment guarantees
No excessive fines
Assistance of counsel for your defense
No cruel or unusual punishment
shall not be compelled to be a witness against yourself
7
What is a prosecutor?
an attorney representing the government in a criminal case
the party who initiates a lawsuit against the defendant in a civil trial
someone who is being accused of committing a crime in a criminal case.
someone who is being sued in a civil case
8
Self-defense occurs when someone has a _______ belief of imminent bodily danger.
reasonable
certain
suspicious
9
Theory of the case means…
Overstating or misconstruing the law or facts to support your client’s case
Using all tools available to persuade, even if it becomes unclear
Identifying the main theme supporting why your client should win
Finding the most dramatic points in the client’s story
10
In a criminal case, the prosecutor represents the _____________
individual
business
government
alleged criminal
11
Battered woman's syndrome might explain
Why battered women stay with the batterer
How women relate to their children
How women overcome the abuse
Why men abuse
12
What is the United States Constitution?
The fundamental law of New York State
A statute passed by Congress
The Code of Conduct at Francis Lewis
The fundamental law of the United States
13
True of false: Voir dire is the process of qualifying a witness as an expert.
True
False
14
Can anyone on the defense claim that Dominique acted out of a reasonable belief of danger?
Yes. Dominique because she experienced it
No. It would be irrelevant to the case.
Yes. Bobby Phoenix because he is an expert
No. Ultimate Issue. Only the jury can decide that.
15
What does the 5th Amendment guarantee?
No Cruel and Unusual Punishment
Right to Privacy (must have a search warrant)
Right to remain silent
Right to a speedy trial
16
Established in Miranda v. Arizona, the "Miranda Warnings"...
Enforces the 6th Amendment "right to counsel" provision
Protect suspects against unfair police interrogation
Prohibits evidence obtained illegally from being admitted
Defines the conditions under which speech may be limited
17
To waive a right means to:
Give it up
Demand it
Hide it
Fight for it
18
Do you have to be in real danger to prove self defense?
No,you just need to prove there was a chance it could happen
No, you only have to prove you reasonably believed you were in danger
Yes, you need to have suffered some type of injury
Yes, it has to be proven danger
19
What is a theory of the case?
A mathematical theory
Attorney's version of what happened and why the other side should win
A law of physics
An attorney's version of what really happened and why they should win
20
True or false: A valid syllogism is a syllogism where the conclusion necessarily follows from the premises.
True
False
21
Can a suspect waive their 5th amendment rights?
No, a person cannot waive their 5th amendment rights
Only in certain situations
Law enforcement may force a person to waive these rights
Yes, this choice must be made voluntarily
22
Mens rea is ...
The mind of the men
The guilty mind
The link between the cause and the harm done
The guilty act
23
Which one of these is in the 6th Amendment?
Freedom of Religion
Right to a Civil Jury Trial
Right to an Attorney
Protection of Rights not specifically in the Bill of Rights
24
In which part of the trial do attorneys give their theory of the case?
Closing argument
Opening statement
Direct examination
Voir dire
25
Actus reus is
A type of crime
The mental element of a crime
The cousin of a character in Lost
The physical element of a crime
26
What 5th Amendment clause protects a defendant from compelled testimony?
The Confrontation Clause
The Privileges and Immunities Clause
The Self-Incrimination Clause
The Due Process Clause
27
In self-defense law, what does "imminent" mean?
Reasonably soon
Immediately or virtually that moment
Within the hour
The same day the threat was made
28
In a syllogism, the major premise is _____
the enthymeme
the logical conclusion
the specific application
the general concept
29
Which answer best describes second degree murder?
killing that is done with malice but not premeditated
killing that is done that is premeditated
killing that is done with malice and revenge
killing that is done the second time by the same person
30
A syllogism contains how many premises?
3
2
1
4
31
What is the mens rea for first degree murder?
Premeditated
Negligence
Recklessness
Knowledge
32
Which answer best describes first-degree murder?
killing someone deliberately and with planning.
killing someone intentionally but without planning
killing someone, intentionally or unintentionally. Includes accident
killing someone as a result of committing another crime
33
Heat of passion is described as...
A violent state of mind
A controllable state of mind
An uncontrollable state of mind
A tired state of mind
34
First - degree murder is . . .
caused by reckiess behavior
premeditated
unplanned but intentional
Killing during serious felony
35
What do we call changes to the US Constitution?
Rules
Amendments
Laws
Decisions
