Practice Test Geeks(CP) California Certified Paralegal Practice Test
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Criminal Law & Procedure Flashcards

7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Criminal Law & Procedure flashcards as text

  1. Under California's felony murder rule, a defendant can be liable for murder if a death occurs during the commission of which type of felony?

    Answer: An inherently dangerous felony

    California's felony murder rule applies when a death occurs during the commission of an inherently dangerous felony, or one of several specifically enumerated felonies.

  2. A 'Pitchess motion' in California criminal proceedings is used to:

    Answer: Discover a peace officer's personnel records for prior complaints of misconduct

    A Pitchess motion allows defendants to seek discovery of a law enforcement officer's personnel records to find evidence of prior misconduct relevant to the case.

  3. What is the legal effect of a 'nolle prosequi' filing by a prosecutor?

    Answer: It dismisses the criminal charges against the defendant

    A nolle prosequi is a formal notice by the prosecutor that they are unwilling to prosecute the case, resulting in dismissal of the charges.

  4. Under California law, the crime of assault (PC 240) requires:

    Answer: An unlawful attempt to commit a violent injury with present ability

    California assault under PC 240 requires an unlawful attempt to commit a violent injury upon another person combined with the present ability to do so.

  5. Which exception to the warrant requirement allows police to enter a home without a warrant to prevent destruction of evidence?

    Answer: The exigent circumstances exception

    The exigent circumstances exception permits warrantless entry when police reasonably believe evidence will be destroyed if they take time to obtain a warrant.

  6. In a California criminal trial, the standard of proof required for conviction is:

    Answer: Beyond a reasonable doubt

    The prosecution must prove every element of the charged offense beyond a reasonable doubt, the highest standard of proof in the legal system.

  7. What does 'voir dire' refer to in the context of a criminal trial?

    Answer: The examination of prospective jurors to determine fitness to serve

    Voir dire is the process of questioning prospective jurors to determine their impartiality and suitability to serve on a jury.