Boys State Bar Exam Complete Question
and Answer | 100% Verified A+ | Past
Questions
• In whose name are cases filed against a person charged with a criminal offense? -
✓✓Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA
against the person charged with a crime
• What are the US and CA Constitutional guarantees to one charged with a crime? -
✓✓The right :
1. To a speedy and public trial by court or jury
2. To appear in person and with counsel (an attorney)
3. To produce witnesses on his or her behalf and to be confronted with the
witnesses against him or her in the presence of the Court and jury and cross-
examine those witnesses
4. not to testify (known as "right against self-incrimination")
• Felony? -✓✓A felony is a crime punishable by incarceration in the State prison
for one year or longer, and is prosecuted in the Supreme Court by way of a Grand
Jury, or by an "information" filed by the District Attorney
(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson,
rape, and sale of narcotics)
• Misdemeanor -✓✓All other crimes that aren't felonies or infractions. They are
punishable by fine and/or imprisonment in the County Jail (not State Prison) for a
period of less than one year.
(examples: simple assault, battery, petty theft, possession of small amounts of
narcotics, disturbing the peace and violations of some City or County ordinances.
• Infraction -✓✓1. Minor violations of City or County ordinances (a citation - "a
ticket" is usually given and the punishment is usually a fine or assignment to public
service or both)
2. Not punishable by imprisonment
• Habeas Corpus -✓✓principle that a person cannot be held in prison without first
being charged with a specific crime
, • Writ of Habeas Corpus -✓✓A court order requiring jailers to explain to a judge
why they are holding a prisoner in custody.
• Writ -✓✓A court order
• Return (having to do with a Writ) -✓✓the official upon who the writ is served
must make a return stating the reason the person has been imprisoned (?? page 2,
number 3)
• proceeding on hearing -✓✓After a Writ of habeas corpus is filed and a return is
made, the court then proceeds to hear such proof in favor or against detention. If no
legal cause is shown, the court may excuse the accused from custody ( or the court
must remand the individual to the custody of the offical).
• What courts can issue a Writ? -✓✓In California, the Superior Courts, District
Courts of Appeal and the Supreme Court may issue writs.
• Bail -✓✓A defendant may be allowed bail after a criminal charge has been filed
against him/her, as a matter of right, UNLESS the charge is punishable by death
and the presumption of guilt is evident. However, the court has the discretion to set
bail.
• Admission to Bail -✓✓the order that the defendant be out of custody and given
bail
• Deposit in lieu of bail -✓✓The defendant may have to deposit money in order to
get bail
• own recognizance (related to bail) -✓✓When a person is granted bail and does
not have to deposit money; they just make a promise to appear at the court
hearings.
• burden of proof -✓✓In all criminal trials, a defendant is presumed innocent
unless and until the prosecutor proves guilt BEYOND A REASONABLE DOUBT
(to the Judge in a Court Trial or the Jury in a Jury Trial)
• Acquitted (or acquittal) -✓✓found NOT GUILTY (by Judge or Jury)
and Answer | 100% Verified A+ | Past
Questions
• In whose name are cases filed against a person charged with a criminal offense? -
✓✓Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA
against the person charged with a crime
• What are the US and CA Constitutional guarantees to one charged with a crime? -
✓✓The right :
1. To a speedy and public trial by court or jury
2. To appear in person and with counsel (an attorney)
3. To produce witnesses on his or her behalf and to be confronted with the
witnesses against him or her in the presence of the Court and jury and cross-
examine those witnesses
4. not to testify (known as "right against self-incrimination")
• Felony? -✓✓A felony is a crime punishable by incarceration in the State prison
for one year or longer, and is prosecuted in the Supreme Court by way of a Grand
Jury, or by an "information" filed by the District Attorney
(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson,
rape, and sale of narcotics)
• Misdemeanor -✓✓All other crimes that aren't felonies or infractions. They are
punishable by fine and/or imprisonment in the County Jail (not State Prison) for a
period of less than one year.
(examples: simple assault, battery, petty theft, possession of small amounts of
narcotics, disturbing the peace and violations of some City or County ordinances.
• Infraction -✓✓1. Minor violations of City or County ordinances (a citation - "a
ticket" is usually given and the punishment is usually a fine or assignment to public
service or both)
2. Not punishable by imprisonment
• Habeas Corpus -✓✓principle that a person cannot be held in prison without first
being charged with a specific crime
, • Writ of Habeas Corpus -✓✓A court order requiring jailers to explain to a judge
why they are holding a prisoner in custody.
• Writ -✓✓A court order
• Return (having to do with a Writ) -✓✓the official upon who the writ is served
must make a return stating the reason the person has been imprisoned (?? page 2,
number 3)
• proceeding on hearing -✓✓After a Writ of habeas corpus is filed and a return is
made, the court then proceeds to hear such proof in favor or against detention. If no
legal cause is shown, the court may excuse the accused from custody ( or the court
must remand the individual to the custody of the offical).
• What courts can issue a Writ? -✓✓In California, the Superior Courts, District
Courts of Appeal and the Supreme Court may issue writs.
• Bail -✓✓A defendant may be allowed bail after a criminal charge has been filed
against him/her, as a matter of right, UNLESS the charge is punishable by death
and the presumption of guilt is evident. However, the court has the discretion to set
bail.
• Admission to Bail -✓✓the order that the defendant be out of custody and given
bail
• Deposit in lieu of bail -✓✓The defendant may have to deposit money in order to
get bail
• own recognizance (related to bail) -✓✓When a person is granted bail and does
not have to deposit money; they just make a promise to appear at the court
hearings.
• burden of proof -✓✓In all criminal trials, a defendant is presumed innocent
unless and until the prosecutor proves guilt BEYOND A REASONABLE DOUBT
(to the Judge in a Court Trial or the Jury in a Jury Trial)
• Acquitted (or acquittal) -✓✓found NOT GUILTY (by Judge or Jury)
