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Results for “Criminal Law and Procedure Criminal Law and Procedure”

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Question Delaware Essays | Trial Rights | MULTIPLE_CHOICE Medium

During jury selection in a criminal case, the judge excludes the public because the courtroom has limited seating and...

During jury selection in a criminal case, the judge excludes the public because the courtroom has limited seating and the judge wants jurors to speak freely. What must the court do before closing the proceeding? This que...

Citations: Waller v. Georgia, Presley v. Georgia

Question Delaware Essays | Erie Doctrine | ESSAY Hard

A Pennsylvania patient sued a Delaware physician in federal court in Wilmington, invoking diversity jurisdiction and...

A Pennsylvania patient sued a Delaware physician in federal court in Wilmington, invoking diversity jurisdiction and alleging Delaware medical negligence. Delaware law requires a plaintiff in a health-care negligence act...

Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Gasperini v. Center for Humanities, Inc.

Question Delaware Essays | Erie Doctrine | ESSAY Hard

A Maryland resident filed a diversity action in the United States District Court for the District of Delaware against...

...sity action in the United States District Court for the District of Delaware against the executor of a Delaware estate, alleging that the decedent negligently designed a warehouse loading platform in Wilmington. The plai...

Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072

Question Delaware Essays | Trial Rights | MULTIPLE_CHOICE Easy

In a criminal trial, the judge instructs that intent is presumed from the defendant's conduct unless the defendant pr...

In a criminal trial, the judge instructs that intent is presumed from the defendant's conduct unless the defendant proves a lawful purpose. What is the best constitutional objection? This question tests proof beyond a re...

Citations: In re Winship, Sandstrom v. Montana, Sullivan v. Louisiana

Question Delaware Essays | Exclusionary Rule | MULTIPLE_CHOICE Medium

In a Delaware criminal case, a defendant argues that relevant physical evidence should be suppressed solely because t...

In a Delaware criminal case, a defendant argues that relevant physical evidence should be suppressed solely because the search would have violated a broader Delaware constitutional rule that is not required by federal la...

Citations: Cal. Const. art. I, sec. 28(f)(2), In re Lance W.

Question Delaware Essays | Warrants and Exceptions | ESSAY Hard

Omar is on Delaware probation with written conditions requiring him to submit to residence and property searches cond...

Omar is on Delaware probation with written conditions requiring him to submit to residence and property searches conducted under probation procedures. Officers know of the condition and go to the apartment Omar shares wi...

Citations: 11 Del. C. § 4321(d), United States v. Knights, Horton v. California, Caniglia v. Strom, City of Los Angeles v. Patel, New York v. Burger

Question Delaware Essays | Executive Power | ESSAY Hard

A former President is indicted in federal court for bribery and obstruction. Prosecutors subpoena recordings of Oval...

...utive privilege, official-act immunity, and his former office bar the criminal and civil proceedings. Before leaving office, the President pardoned a former aide for all federal crimes related to the scheme. State prosec...

Citations: https://supreme.justia.com/cases/federal/us/418/683/, https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/, https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

Question Delaware Essays | Elements of Crimes | MULTIPLE_CHOICE Easy

A county rule punishes knowingly entering a posted hazardous-materials room. Ben reads the sign, understands that the...

...ve a dropped wallet. Ben does not know that the county rule carries a criminal penalty. What is the best statement about the knowledge element? This question tests knowledge as an element. Penal Code Sections 7 and 21, C...

Citations: Penal Code Sections 7 and 21, CALCRIM No. 252

Question Delaware Essays | Fifth Amendment Privilege | MULTIPLE_CHOICE Medium

A state environmental regulation requires plating shops to maintain monthly discharge logs and make them available to...

...in monthly discharge logs and make them available to inspectors. In a criminal investigation, prosecutors subpoena those logs from a shop owner. Which statement best describes the required-records issue? This question te...

Citations: Shapiro v. United States, Marchetti v. United States

Question Delaware Essays | Sixth Amendment Counsel | MULTIPLE_CHOICE Medium

After a defendant is charged, police arrange both a live lineup and a later photo array for eyewitnesses. Which ident...

After a defendant is charged, police arrange both a live lineup and a later photo array for eyewitnesses. Which identification procedure requires counsel under the Sixth Amendment? This question tests the counsel rules f...

Citations: United States v. Wade, Gilbert v. California, United States v. Ash, Kirby v. Illinois

Question Delaware Essays | Fifth Amendment Privilege | ESSAY Hard

Harbor Plating, Inc. is subpoenaed in a criminal environmental investigation. The subpoena orders the corporation's o...

Harbor Plating, Inc. is subpoenaed in a criminal environmental investigation. The subpoena orders the corporation's office manager, Tom, to produce monthly discharge logs that state regulations require the company to mai...

Citations: Braswell v. United States, Bellis v. United States, Shapiro v. United States, Fisher v. United States

Question Delaware Essays | Sixth Amendment Counsel | ESSAY Medium

Maya is charged by information with assault with a firearm after a nightclub shooting, and counsel is appointed at ar...

...y information with assault with a firearm after a nightclub shooting, and counsel is appointed at arraignment. The next day, without notifying counsel, police place Maya in a live lineup with five fillers. After viewing...

Citations: United States v. Wade, Gilbert v. California, Kirby v. Illinois, United States v. Ash

Question Delaware Essays | Warrants and Exceptions | MULTIPLE_CHOICE Medium

Officers know that Devon is on Delaware probation with a residential search condition administered under probation pr...

Officers know that Devon is on Delaware probation with a residential search condition administered under probation procedures. Devon shares an apartment with his spouse. Officers search a shared living-room cabinet and t...

Citations: 11 Del. C. § 4321(d), United States v. Knights

Question Delaware Essays | Theft and Property Crimes | ESSAY Medium

Priya rents an apartment in a four-unit building. Angry at the landlord, she drags her own old couch onto the apartme...

...air costs. Analyze Priya's liability for arson, reckless burning, and criminal mischief under Delaware law. This essay tests Delaware arson, reckless burning, building damage, possessory-interest defenses, and criminal m...

Citations: 11 Del. C. §§ 801-803, 11 Del. C. § 804, 11 Del. C. §§ 811-812, CALCRIM Nos. 1500, 1515, 2900

Question Delaware Essays | State Action | ESSAY Hard

Valley Medical Center is a privately owned hospital. It receives Medicare and state grant funds, is heavily regulated...

...ey Medical Center is a privately owned hospital. It receives Medicare and state grant funds, is heavily regulated, and holds a state license. The state contracts with Valley to provide emergency psychiatric holds for cou...

Citations: https://supreme.justia.com/cases/federal/us/457/830/, https://supreme.justia.com/cases/federal/us/457/991/, https://supreme.justia.com/cases/federal/us/487/42/

Question Delaware Essays | Fifth Amendment Privilege | ESSAY Medium

A city sues contractor Leo in Delaware superior court for overbilling on a public project. The district attorney has...

...lling on a public project. The district attorney has also announced a criminal investigation into the same invoices. At Leo's civil deposition, the city's lawyer asks whether Leo created duplicate invoices, whether he di...

Citations: Evidence Code Section 940, Evidence Code Section 913, Hoffman v. United States

Question Delaware Essays | Equal Protection | MULTIPLE_CHOICE Medium

A city allows only property owners to vote for city council. The council enacts ordinary laws governing all residents...

.... The council enacts ordinary laws governing all residents, including criminal ordinances, zoning, taxes, and public services. Which Equal Protection analysis is strongest? This question tests voting-right Equal Protecti...

Citations: https://supreme.justia.com/cases/federal/us/383/663/, https://supreme.justia.com/cases/federal/us/377/533/, https://supreme.justia.com/cases/federal/us/395/621/