Exam Questions List 3

Federal Rules of Criminal Procedure

101. Which of the following is a true statement (in a criminal case)?
102. If a Magistrate Judge determines that there is probable cause to issue an arrest warrant, the officer must have the warrant in his presence when arresting the defendant.
103. A warrant may be executed or summons may be served
104. Failure to respond to a summons is grounds for
105. Once a person is arrested, as a matter of federal procedure, the arrested person
106. Which of the following is a true statement?
107. Two or more defendants may
108. A defendant or the government may complain that it is prejudiced by a joinder of offenses or of defendants in an indictment or information.
109. Two or more defendants may be charged in the same indictment or information only if all defendants are charged in each count.
110. If the court grants a motion to dismiss based on a defect in the information or indictment, a defendant must be released from custody or his bond discharged.
111. The court may permit an amendment to
112. The court may permit an information to be amended
113. At an initial appearance for a misdemeanor, the court must inform the defendant of
114. A defendant is not entitled to a preliminary examination if he has been indicted by a grand jury.
115. At a preliminary examination, the defendant may
116. A defendant in a felony case must always be physically present in court for arraignment.
117. A criminal defendant may challenge the array of a grand jury but may not challenge the qualifications of individual jurors.
118. An arrested person may be tried only by
119. Upon motion of the defendant, the court shall always dismiss an indictment if it appears that one or more members of the grand jury were not legally qualified.
120. As prosecutor of the cause, a government attorney is always entitled to disclosure of the grand jury’s deliberations and votes of individual jurors for use in the performance of his duty.
121. A defendant must give notice prior to trial if he intends?
122. Objections to an indictment for failure to charge an offense must be made in a pre-trial motion or may be deemed waived.
124. If a criminal defendant does not comply with the notice of alibi requirements imposed by the rule?
125. In plea bargaining, the government can agree?
126. Depositions in a criminal case are guaranteed by the Fifth Amendment and may be taken as a matter of right without permission of the court.
127. Discovery mechanisms available to the criminal defendant include?
128. A subpoena issued by the clerk, prior to trial, can be used to discover statements made by witnesses or prospective witnesses.
129. A criminal defendant is not entitled to discover?
130. Which of the following is a false statement?
131. Which of the following statements is true regarding admissions made by a criminal defendant or his attorney at a pre-trial conference?
132. A subpoena in a criminal case may be served?
133. When a defendant is arrested, held, or present in a district other than that in which an indictment or information is pending against him, he:
134. A juvenile arrested, held, or present in a district other than that in which he is alleged to have committed an act in violation of a law of the United States not punishable by death or life imprisonment:
135. If a criminal defendant moves to have the proceeding transferred to another district and the court is satisfied that there is in the district where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that district, the court?
136. A criminal defendant may waive a jury trial?
137. The number of persons required on a jury in a criminal trial:
138. The examination of prospective jurors:
139. The extra peremptory challenges allowed where alternate jurors are impanelled?
140. Where an issue is raised concerning the law of a foreign country?
141. In a criminal case, when a motion for production of the statement of a witness is made?
142. In a criminal case, the sanction(s) for failure to produce the statement of a witness pursuant to court order is (are):
143. An official record or an entry therein or the lack of such a record may be proved in the same manner in criminal actions as in civil actions.
144. If the evidence is insufficient to sustain a conviction of the offense(s) charged after the evidence on either side is closed, the court shall?
145. If, at the close of the government’s case, the court does not agree that the evidence is insufficient to sustain a conviction, the defendant may not offer evidence unless he has reserved the right to do so.
146. If a motion for judgment of acquittal is made at the close of all of the evidence, the court?
148. Where a party believes a portion of the instructions to the jury to be erroneous or incomplete, (s)he?
149. The verdict must be unanimous in a criminal case.
150. Where there are two or more defendants and the jury cannot agree with respect to all defendants: