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1. A person intentionally kills another with malice aforethought.
What is the most likely charge?
A. Manslaughter
B. Murder
C. Criminally negligent homicide
D. Voluntary manslaughter
Rationale: Intentional killing with malice aforethought is the
definition of murder.
2. Under Texas law, which of the following is a required element of
theft?
A. Intent to permanently deprive
B. Taking property without consent
C. Both A and B
D. Only a mistaken belief of ownership
Rationale: Theft requires both unlawful taking and intent to
permanently deprive.
3. In Texas, the statute of limitations for most felonies is:
A. 2 years
B. 3 years
, C. 5 years
D. 10 years
Rationale: Most felonies in Texas have a 5-year statute of
limitations unless specified otherwise.
4. A written contract is unenforceable if:
A. It lacks consideration
B. It is illegal
C. Both A and B
D. It is oral
Rationale: Contracts must have legal purpose and consideration
to be enforceable.
5. Which of the following is NOT required for a valid Texas will?
A. In writing
B. Signed by the testator
C. Witnessed by two people
D. Notarization
Rationale: Texas does not require notarization for a will to be
valid.
6. In Texas, the standard for proving negligence is:
A. Beyond a reasonable doubt
B. Clear and convincing evidence
C. Preponderance of the evidence
D. Probable cause
Rationale: Civil negligence is proven by preponderance of the
evidence.
7. A contract is formed when:
A. Offer is made
B. Acceptance is communicated
C. Consideration exists
, D. All of the above
Rationale: A valid contract requires offer, acceptance, and
consideration.
8. Which of the following is NOT a constitutional requirement for a
search warrant?
A. Probable cause
B. Oath or affirmation
C. Consent of the suspect
D. Particular description of place to be searched
Rationale: Consent is not required for a valid search warrant.
9. Under Texas law, a person can be convicted of burglary if:
A. They enter a building with intent to commit theft
B. They remain in a building unlawfully
C. Both A and B
D. They enter with consent
Rationale: Burglary includes unlawful entry with intent or
remaining unlawfully.
10. Which is true regarding hearsay in Texas courts?
A. Hearsay is always admissible
B. Hearsay is always inadmissible
C. Hearsay is inadmissible unless an exception applies
D. Hearsay is allowed only in civil cases
Rationale: Hearsay is generally inadmissible unless an exception
applies.
11. In Texas, the death penalty is only allowed for:
A. Any felony
B. Capital murder
C. Manslaughter
D. First-degree theft
, Rationale: The death penalty is limited to capital murder under
Texas law.
12. Under Texas property law, which type of ownership is
shared equally by spouses?
A. Separate property
B. Community property
C. Joint tenancy
D. Tenancy in common
Rationale: Texas is a community property state where spouses
share ownership of community property.
13. A “stop and frisk” in Texas requires:
A. Reasonable suspicion
B. Probable cause
C. Reasonable suspicion and belief of danger
D. A warrant
Rationale: Stop-and-frisk requires reasonable suspicion and
officer safety concerns.
14. Under Texas law, which is true about miranda warnings?
A. They are required for any police interaction
B. They are only required when a person is in custody
C. They are required when a person is in custody and being
interrogated
D. They are optional
Rationale: Miranda is required for custodial interrogation.
15. A Texas landlord may legally enter a rental property for:
A. Emergency repairs
B. To show property to prospective tenants
C. With proper notice
D. All of the above