Exam (elaborations)
MPTC Constitutional Law – Questions & Solutions
MPTC Constitutional Law – Questions & Solutions
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MPTC Criminal Law – Questions With CompleteSolutions
They interfere with social order or violate common morals, values, norms
or customs of decency ✔️Ans - Crimes against the public are considered
harmful to society because
the public at large ✔️Ans - The victim for most crimes against the public
is
• gambling
• prostitution
• disorderly conduct
• weapons offenses
• drug and alcohol crimes ✔️Ans - Common crimes against the public
include
false statements, inconsistent statements and false statement in a
document ✔️Ans - three types of perjury
accepting a bribe ✔️Ans - (1) a public employee may never, with corrupt
intent;
(2) ask, demand or agree to receive anything of value;
(3) in exchange for an official favor, fraud on a public agency or promising
to take any action or official inaction
corrupt intent ✔️Ans - a direct or indirect offer to provide something of
value for official action or inaction. Commonwealth v. Qualter, 19 Mass.
App. Ct. 970 (1985)
direct evidence ✔️Ans - directly links a person to a crime and without
the need of any additional evidence or inference.
For example, a video recording of offender robbing the convenience store
while holding a gun.
Circumstantial evidence ✔️Ans - relies on an inference to connect a
conclusion of fact
, physical evidence ✔️Ans - tangible and may be direct or circumstantial
includes objects, property or items seized at crime scenes or during
searches
testimonial evidence ✔️Ans - evidence that may be direct or
circumstantial. It includes first-hand statements made by victims,
witnesses, suspects or police.
• statements made directly to police
• spontaneous utterances overheard by witnesses
• written statements
• interview and interrogation recordings ✔️Ans - Examples of
testimonial evidence can include
Direct (Testimonial) Evidence ✔️Ans - when a victim, suspect or witness
makes a statement about what he or she saw, heard or felt "firsthand" using
his or her own senses.
circumstantial testimonial evidence ✔️Ans - evidence that suggests
other facts from which reasonable inferences can be drawn.
hearsay testimony ✔️Ans - "second-hand" knowledge repeated about
what another person said about what he or she saw, heard or felt.
spontaneous (or excited) utterance. ✔️Ans - Generally, a witness cannot
testify in court about what another person told him, but there are several
exceptions to the rule against hearsay. The most common hearsay
exception is a
Spontaneous utterances ✔️Ans - out-of-court statements uttered during
the heat of the moment while under stress or excitement.
These negate premeditation or fabrication and tend to qualify, characterize,
or explain an underlying event.
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