Exam Questions

Defendant waives the presentence report with the permission of the court. The court finds that there is sufficient information in the record to enable the meaningful exercise of sentencing discretion. The court explains in the record that the presentence report is not necessary. (b) and (c) together.

I. Shall advise the defendant of his right to appeal. II. Shall advise the defendant of the option of applying for leave to appeal in forma pauperis. III. Shall advise the defendant of his option of attacking the sentence pursuant to 28 U.S.C. 2255. I only. II only. I and II. I and III.

The jury must be discharged. The jury may be directed to retire for further deliberations. A mistrial must be declared. The alternate jurors must be polled.

I. The jury may return a verdict as to a defendant or defendants as to whom it has agreed. II. Only the defendants as to whom the jury does not agree may be tried again. III. The jury is hung and the case must be retried. I and II. I only. II only. III only.

TRUE or FALSE

Must object thereto before the jury retires to consider its verdict. May object out of the hearing of the jury. May object out of the jury’s presence on request of any party. All of the above.

Must rule on the motion before submitting the case to the jury. May submit the case to the jury and must decide the motion before the jury returns the verdict. May reserve the decision on the motion and decide it after the jury returns a verdict of guilty. Must decide the motion before the jury …

TRUE or FALSE

Grant a directed verdict. Grant a mistrial. Enter a judgment of acquittal. Grant a summary judgment for the defendant.

TRUE or FALSE