Law Legal Studies ยท Civics Polity
Legal Principles and Doctrines
2,539 Questions
Legal principles and doctrines establish the foundational rules of jurisprudence and civil rights. Questions cover constitutional reasonable restrictions, courtroom evidence standards, and property laws. These topics are strictly necessary for law legal studies exams and judicial services prelims.
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Legal Principles and Doctrines Questions
What is the independent source exception to the exclusionary rule?
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Evidence that is obtained by the police from an independent source can be used in court, even if it was initially obtained illegally
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Evidence that is obtained by the police from a source that is related to the illegal search or seizure can be used in court
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Evidence that is obtained by the police from a source that is unrelated to the illegal search or seizure can be used in court
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None of the above
A
Correct answer
Explanation
The independent source exception to the exclusionary rule allows evidence that is obtained by the police from an independent source to be used in court, even if it was initially obtained illegally.
What is the attenuation doctrine?
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A doctrine that allows evidence that is obtained as a result of an illegal search or seizure to be used in court if the connection between the illegal search or seizure and the evidence is sufficiently attenuated
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A doctrine that allows evidence that is obtained as a result of a coerced confession to be used in court if the connection between the coerced confession and the evidence is sufficiently attenuated
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A doctrine that allows evidence that is obtained as a result of a violation of the right to remain silent to be used in court if the connection between the violation of the right to remain silent and the evidence is sufficiently attenuated
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All of the above
A
Correct answer
Explanation
The attenuation doctrine is a doctrine that allows evidence that is obtained as a result of an illegal search or seizure to be used in court if the connection between the illegal search or seizure and the evidence is sufficiently attenuated.
What are the factors that courts consider when determining whether the connection between an illegal search or seizure and the evidence is sufficiently attenuated?
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The temporal proximity of the illegal search or seizure to the discovery of the evidence
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The presence of intervening circumstances between the illegal search or seizure and the discovery of the evidence
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The purpose and flagrancy of the illegal search or seizure
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The nature of the evidence that was discovered
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All of the above
E
Correct answer
Explanation
Courts consider all of these factors when determining whether the connection between an illegal search or seizure and the evidence is sufficiently attenuated.
What are the grounds for appeal in Indonesia?
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Errors of law
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Errors of fact
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Newly discovered evidence
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All of the above
D
Correct answer
Explanation
The grounds for appeal in Indonesia include errors of law, errors of fact, and newly discovered evidence.
What is the legal doctrine that allows the government to restrict speech that is considered to be a "clear and present danger"?
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Prior restraint
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Content-based restriction
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Clear and present danger test
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Fighting words doctrine
C
Correct answer
Explanation
The clear and present danger test is a legal doctrine that allows the government to restrict speech that is considered to be a "clear and present danger" to public safety or national security.
What is the name of the legal doctrine that allows the government to restrict speech that is considered to be "fighting words"?
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Prior restraint
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Content-based restriction
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Clear and present danger test
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Fighting words doctrine
D
Correct answer
Explanation
The fighting words doctrine is a legal doctrine that allows the government to restrict speech that is considered to be "fighting words" or words that are likely to incite imminent lawless action.
Which of the following is an example of prior restraint?
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A court order prohibiting a newspaper from publishing a story.
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A government agency banning a book from being sold.
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A police officer arresting someone for making a threatening speech.
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A school principal suspending a student for wearing a T-shirt with an offensive message.
A
Correct answer
Explanation
Prior restraint is a government restriction on speech before it is actually published or disseminated.
What is the name of the legal doctrine that allows the government to restrict speech that is considered to be "incitement"?
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Prior restraint
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Content-based restriction
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Clear and present danger test
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Incitement doctrine
D
Correct answer
Explanation
The incitement doctrine is a legal doctrine that allows the government to restrict speech that is considered to be "incitement" or speech that is likely to incite imminent lawless action.
Which of the following is an example of content-based restriction?
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A court order prohibiting a newspaper from publishing a story.
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A government agency banning a book from being sold.
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A police officer arresting someone for making a threatening speech.
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A school principal suspending a student for wearing a T-shirt with an offensive message.
B
Correct answer
Explanation
Content-based restriction is a government restriction on speech based on its content or message.
Which of the following is an example of a government restriction on speech that is considered to be a violation of the First Amendment?
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A court order prohibiting a newspaper from publishing a story about a government official's corruption.
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A government agency banning a book from being sold because it contains sexually explicit content.
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A police officer arresting someone for making a threatening speech.
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A school principal suspending a student for wearing a T-shirt with an offensive message.
A
Correct answer
Explanation
A government restriction on speech that is considered to be a violation of the First Amendment is a restriction that is based on the content or message of the speech and that is not justified by a compelling government interest.
What is the name of the legal doctrine that allows the government to restrict speech that is considered to be "commercial speech"?
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Prior restraint
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Content-based restriction
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Clear and present danger test
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Commercial speech doctrine
D
Correct answer
Explanation
The commercial speech doctrine is a legal doctrine that allows the government to restrict speech that is considered to be "commercial speech" or speech that is intended to promote a product or service.
Which of the following is an example of a government restriction on speech that is considered to be a violation of the commercial speech doctrine?
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A court order prohibiting a company from advertising its products on television.
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A government agency banning a company from selling a product that is considered to be harmful to consumers.
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A police officer arresting someone for selling counterfeit goods.
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A school principal suspending a student for selling candy bars in the school cafeteria.
A
Correct answer
Explanation
A government restriction on speech that is considered to be a violation of the commercial speech doctrine is a restriction that is based on the content or message of the speech and that is not justified by a compelling government interest.
What is the name of the legal doctrine that allows the government to restrict speech that is considered to be "private speech"?
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Prior restraint
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Content-based restriction
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Clear and present danger test
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Private speech doctrine
D
Correct answer
Explanation
The private speech doctrine is a legal doctrine that allows the government to restrict speech that is considered to be "private speech" or speech that is not intended to be communicated to the public.
What is a post-trial motion?
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A motion filed after a trial to challenge the verdict or judgment
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A motion filed before a trial to request a change of venue
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A motion filed during a trial to object to the admission of evidence
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A motion filed after a trial to request a new trial
A
Correct answer
Explanation
A post-trial motion is a motion filed after a trial to challenge the verdict or judgment. This can be done for a variety of reasons, such as errors in the trial process, newly discovered evidence, or a belief that the verdict is not supported by the evidence.
What are some common types of post-trial motions?
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Motion for a new trial
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Motion for judgment notwithstanding the verdict
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Motion to alter or amend the judgment
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All of the above
D
Correct answer
Explanation
Common types of post-trial motions include motion for a new trial, motion for judgment notwithstanding the verdict, and motion to alter or amend the judgment.