NALA Criminal Law and Procedure 3

Question 1

The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:

Accepted Answer

Derivative evidence discovered as a result of an initial constitutional violation

Answer

The 'fruit of the poisonous tree' doctrine excludes not only directly obtained illegal evidence but also secondary evidence derived from the initial illegality.

Question 2

A 'no contest' (nolo contendere) plea differs from a guilty plea primarily because it:

Accepted Answer

Cannot be used as an admission in a subsequent civil proceeding

Answer

A nolo contendere plea accepts criminal punishment without admitting guilt, so it generally cannot be used as an admission against the defendant in civil litigation.

Question 3

Which Amendment to the U.S. Constitution protects against unreasonable searches and seizures?

Accepted Answer

Fourth Amendment

Answer

The Fourth Amendment protects individuals from unreasonable searches and seizures by government actors and requires warrants to be supported by probable cause.

Question 4

In criminal law, 'voluntary manslaughter' is distinguished from murder primarily by the presence of:

Accepted Answer

Adequate provocation causing heat of passion

Answer

Voluntary manslaughter is an intentional killing that would otherwise be murder, but is mitigated because the defendant acted in the heat of passion after adequate provocation.

Question 5

A criminal defendant's Sixth Amendment right to a speedy trial attaches at what point?

Accepted Answer

Upon arrest or formal charge, whichever is earlier

Answer

The Sixth Amendment speedy trial right attaches at arrest or formal charge (whichever is earlier), not merely at indictment.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Criminal Law and Procedure 3