NJ Bar Criminal Law and Procedure 3

Question 1

Under Brady v. Maryland, the prosecution must disclose to the defense any evidence that is material to what?

Accepted Answer

Guilt or punishment that is favorable to the defendant

Answer

Brady requires disclosure of evidence favorable to the accused that is material to guilt or punishment, regardless of good or bad faith.

Question 2

The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to suppress what?

Accepted Answer

Evidence derived from the original constitutional violation

Answer

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

Question 3

Under NJ law, driving while intoxicated (DWI) is classified as which type of offense?

Accepted Answer

A traffic offense with quasi-criminal penalties, not a traditional criminal charge

Answer

NJ DWI under N.J.S.A. 39:4-50 is a motor vehicle offense — not a crime under the Code of Criminal Justice — but carries significant quasi-criminal penalties.

Question 4

Which NJ statute governs the Prevention of Domestic Violence and provides civil remedies such as restraining orders?

Accepted Answer

N.J.S.A. 2C:25-17 et seq.

Answer

The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., provides civil restraining orders and defines acts of domestic violence.

Question 5

Self-defense under NJ law permits use of force against another when the defendant reasonably believes such force is necessary to protect against what?

Accepted Answer

Unlawful, imminent use of force by the other person

Answer

NJ's self-defense statute (N.J.S.A. 2C:3-4) allows defensive force when one reasonably believes it is immediately necessary to protect against unlawful force.

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Criminal Law and Procedure 3