Texas and U.S. Constitutional Rights Quiz
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Questions and Answers

What right is guaranteed by the Texas Constitution Art. 1 Sec. 15?

  • Right to confrontation by witnesses
  • Right to speedy and public trial
  • Right to representation by counsel
  • Right to jury in felony cases (correct)

    • Which amendment provides the right to trial by jury in civil cases under the U.S. Constitution?

  • Amendment VI
  • Amendment VIII
  • Amendment VII (correct)
  • Amendment IX

    • Under CCP Art. 1.25, what is a specific right guaranteed to individuals?

  • Right to compulsory process for witnesses
  • Right to jury in felony cases
  • Right to confront witnesses (correct)
  • Right to assistance of counsel

    • In which section of the Texas Constitution can the right of multiple convictions and denial of bail be found?

    <p>Art. 1 Sec. 11a</p> Signup and view all the answers

    Which right is emphasized in CCP Art. 1.04?

    <p>Rights of the accused</p> Signup and view all the answers

    According to USC Amendment VIII, what aspect of punishment is prohibited?

    <p>Cruel and unusual punishment</p> Signup and view all the answers

    Which of the following statements is true regarding the definition of 'conspiracy'?

    <p>It involves an agreement between two or more persons to commit a felony.</p> Signup and view all the answers

    Based on the information provided, which defense is considered an affirmative defense to prosecution?

    <p>Insanity due to severe mental disease or defect</p> Signup and view all the answers

    Which of the following statements is true regarding voluntary intoxication?

    <p>It does not constitute a defense to the commission of a crime.</p> Signup and view all the answers

    If temporary insanity caused by intoxication is relied upon as a defense, what is the court required to do?

    <p>Charge the jury in accordance with the provisions of the relevant section</p> Signup and view all the answers

    Which of the following is NOT considered a 'mental disease or defect'?

    <p>Repeated criminal conduct</p> Signup and view all the answers

    If a defendant introduces evidence of temporary insanity caused by intoxication, what is the purpose according to the text?

    <p>To mitigate the penalty attached to the offense</p> Signup and view all the answers

    What type of conduct can be considered as one offense according to the text?

    <p>Using a fraudulent scheme to avoid charges</p> Signup and view all the answers

    Under what circumstances can the values of the service used or diverted be aggregated?

    <p>When the conduct is part of a continuing course of conduct or one scheme</p> Signup and view all the answers

    Which of the following is considered theft of telecommunications service?

    <p>Avoiding lawful charges using a fraudulent scheme</p> Signup and view all the answers

    What action constitutes theft of telecommunications service according to the text?

    <p>Using a counterfeit telecommunications access device</p> Signup and view all the answers

    Which type of device usage in obtaining telecommunications service is deemed illegal?

    <p>Employing a false pretense to obtain service</p> Signup and view all the answers

    In what way can a person avoid being charged for telecommunications service illegally?

    <p>Through deceptive methods to avoid lawful charges</p> Signup and view all the answers

    What offense is committed under PC 20.05 - Smuggling of Persons if someone uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual?

    <p>Conceal the individual from a peace officer or special investigator</p> Signup and view all the answers

    In what circumstances does a person violate federal law under PC 20.05 - Smuggling of Persons?

    <p>By encouraging individuals to enter the country illegally</p> Signup and view all the answers

    What action constitutes smuggling of persons under PC 20.05 if someone assists, guides, or directs individuals to enter or remain on agricultural land?

    <p>Help individuals enter agricultural land without owner's consent</p> Signup and view all the answers

    Under PC 20.05, what is the intent when someone transports an individual with the purpose of fleeing from a peace officer or special investigator?

    <p>To flee from law enforcement</p> Signup and view all the answers

    Which is considered an offense under PC 20.05 - Smuggling of Persons?

    <p>Concealing someone from detection in violation of federal law</p> Signup and view all the answers

    What action leads to committing an offense under PC 20.05 if someone uses a means of conveyance to transport an individual?

    <p>Concealing the individual from a peace officer or special investigator</p> Signup and view all the answers

    Based on the text, if a person has filed a protective order against the actor, what is presumed regarding consent?

    <p>The person did not give effective consent to the actor's conduct</p> Signup and view all the answers

    Which of the following situations would NOT create a presumption of lack of consent?

    <p>The person and the actor are in a dating relationship, and no legal action has been taken</p> Signup and view all the answers

    Based on the text, what is the minimum age for a person to legally carry a handgun without being convicted of certain offenses?

    <p>21 years old</p> Signup and view all the answers

    Which of the following offenses, if convicted within the past 5 years, would prohibit a person from legally carrying a handgun?

    <p>All of the above</p> Signup and view all the answers

    Based on the text, in which of the following situations can a person legally carry a handgun?

    <p>Both A and B</p> Signup and view all the answers

    If a person has been convicted of an offense under Section 42.01(a)(7) or (8) within the past 5 years, can they legally carry a handgun?

    <p>No, regardless of the circumstances</p> Signup and view all the answers

    Based on the text, which of the following legal actions would create a presumption of lack of consent for the actor's conduct?

    <p>All of the above</p> Signup and view all the answers

    If a person is younger than 21 years old and carries a handgun, are there any exceptions where they would NOT be committing an offense?

    <p>Yes, if they are on their own premises or in their vehicle</p> Signup and view all the answers

    Based on the text, which of the following statements is correct regarding the presumption of lack of consent?

    <p>The presumption applies in any of the situations mentioned in the text</p> Signup and view all the answers

    If a person is married to the actor and a petition for dissolution of marriage has been filed, what is presumed regarding consent?

    <p>The person did not give effective consent to the actor's conduct</p> Signup and view all the answers

    Study Notes

    Rights Guaranteed by Texas Statutes and U.S. Constitution

    • Texas Constitution Art. 1 Sec. 15 guarantees the right to trial by jury in criminal cases.
    • U.S. Constitution, Seventh Amendment provides the right to trial by jury in civil cases.

    CCP Provisions

    • CCP Art. 1.25 guarantees the right to a fair trial and due process.
    • CCP Art. 1.04 emphasizes the right to be represented by counsel.

    Punishments and Defenses

    • U.S. Constitution Amendment VIII prohibits excessive bail and cruel and unusual punishment.
    • Temporary insanity caused by intoxication can be used as a defense; the court must evaluate the validity of this claim.
    • An affirmative defense to prosecution refers to a legal defense where the defendant admits to the conduct but argues justification or excuse for it.

    Conspiracy and Intoxication

    • A true definition of 'conspiracy' involves an agreement between two or more persons to commit a crime.
    • Voluntary intoxication can negate specific intent in some cases, but it does not generally constitute a defense to criminal charges.
    • If temporary insanity caused by intoxication is used as a defense, the court must assess the defendant’s mental state at the time of the offense.

    Theft and Telecommunications Service

    • Theft of telecommunications service involves obtaining services without permission or compensating.
    • Any fraudulent means, including illegal devices, used to acquire telecommunications services is prohibited.
    • To avoid charges for illegal telecommunications service, a person must obtain services through lawful means.

    Smuggling of Persons

    • Under PC 20.05, using a vehicle to transport individuals without consent constitutes smuggling.
    • Violating federal law under PC 20.05 occurs when assisting individuals to stay on agricultural land illegally.
    • The intent to evade law enforcement while transporting individuals indicates an offense under PC 20.05.
    • Filing a protective order against an actor creates a presumption against consent for further interaction.
    • Situations that do not involve coercion, such as mutual consent, would not create a presumption of lack of consent.
    • The minimum legal age to carry a handgun is 21, with exceptions for certain offenses impacting eligibility.
    • Convictions under specific offenses in the past five years may prohibit carrying a handgun.

    Gun Carrying Regulations

    • Individuals convicted of certain offenses within five years cannot legally carry a handgun.
    • Exceptions exist for individuals under 21 in specific circumstances such as lawful hunting or target shooting.
    • If a petition for dissolution of marriage has been filed, the presumption regarding consent between the married couple is affected.

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    Test your knowledge about key constitutional rights guaranteed by the Texas and U.S. Constitutions, including the right to bail, double jeopardy, property rights, due process of law, rights of the accused, and more.

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