Law Exam Questions PDF

## Law Exam - **Question 1**: The statements of the accused made during the investigation - Can only be included in the trial as pre-constituted evidence if the accused chooses to remain silent - Can be read aloud during the trial if requested by any of the parties - Can be included in...

## Law Exam - **Question 1**: The statements of the accused made during the investigation - Can only be included in the trial as pre-constituted evidence if the accused chooses to remain silent - Can be read aloud during the trial if requested by any of the parties - Can be included in the trial as documentary evidence - **Correct Answer** **e**: Cannot have any effect beyond the investigation as otherwise the principle of immediacy would be violated. - **Question 2**: Which of the following is **not** one of the purposes of preventative detention? - To guarantee the payment of civil liabilities - To prevent the investigated person from escaping - **Correct Answer** **c**: Not answered (without penalty) - To prevent the destruction of evidence - To prevent a repeat offense - **Question 3**: The so called “auto de procedimiento abreviado” (art. 779.1.4 LECrim): - **Correct Answer** **b**: Involves the transfer of the proceedings to the body responsible for the trial - Cannot be appealed - Involves the lifting of precautionary measures - Signals the end of the investigative phase - Not answered (without penalty) - **Question 4**: The sentence issued by a judge of instruction in a proceeding for a minor offense is appealable: - As a complaint to the judge of criminal law - On appeal to the judge of criminal law - **Correct Answer** **c**: Not answered (without penalty) - On appeal to the same judge of instruction - On appeal to the provincial court - **Question 5**: Sentences issued by the judge of criminal law - **Correct Answer** **d**: Are appealed to the provincial court and in cassation to the Supreme Court - Are appealed to the same judge and to the provincial court. - Not answered (without penalty) - Are appealed to the provincial court and in cassation to the High Court of Justice - Are appealed to the High Court of Justice and in cassation to the Supreme Court. - **Question 6**: In an appeal - It is never possible to convict someone who has been acquitted - It is never possible to convict someone who has been acquitted due to disagreements in the assessment of the evidence. - It is never possible to convict someone who has been acquitted due to a breach of law. - **Correct Answer** **d**: It is possible to convict someone who has been acquitted if there is an oral hearing. - Not answered (without penalty) - **Question 7**: Which of the following resolutions is never issued in an expedited proceeding? - Order of processing - Not answered (without penalty) - Order of admitting evidence - **Correct Answer** **d**: Order of opening the trial - Order of initiating preliminary proceedings - **Question 8**: The victim of an offense who has been the subject of a dismissal order: - Can only appeal the order if they were party to the proceedings as a private litigant. - Can only appeal the order if they were party to the proceedings as a private prosecution. - Not answered (without penalty) - **Correct Answer** **d**: Can appeal the order even if they did not take part in the case. - Can only appeal the order if they were party to the proceedings as a private prosecution - **Question 9**: Temporary detention: - It cannot be ordered if the Public Prosecutor's Office does not request it. - Not answered (without penalty) - Must be requested by one of the prosecutors - **Correct Answer** **d**: May be ordered ex officio by the investigating judge. - May only be requested by the Public Prosecutor's Office. - **Question 10**: The order of admitting evidence in an expedited proceeding: - Can be appealed - Is issued by the body responsible for the trial. - Can only be appealed before the trial by the party whose evidence was denied. - It is issued by the judge of instruction. - **Correct Answer** **e**: Not answered (without penalty) - **Question 11**: The order of opening the oral trial: - Not answered (without penalty) - Can only be appealed. - Cannot be appealed except with regards to the personal situation of the accused. - Can be appealed on reconsideration and on appeal. - Can only be appealed in its penal aspects by the defense. - **Question 12**: In what proceedings can the judge of instruction issue a sentence of conformity? - **Correct Answer** **a**: Expedited proceedings - Not answered (without penalty) - Ordinary summary proceedings - Fast-track proceedings for adjudication - Preliminary proceedings - **Question 13**: Counsel for the detained: - Not answered (without penalty) - Cannot renounce their rights except in the case of offenses against traffic safety. - Can renounce their rights if it is a crime carrying a sentence of less than two years. - Is always a right that cannot be renounced. - May always be waived. - **Question 14**: One of the following situations is punishable in all crimes without the need for express provision in the Special Part of the Criminal Code. - It is not true. Express provision is required in all the situations mentioned for their punishment. - The liability of legal entities - Not answered (without penalty) - Negligence - Preparatory acts. - **Question 15**: What is the name of the guarantee that requires evidence to be assessed by the judicial authority that witnessed its practice during the trial? - Publicity - Contradiction - **Correct Answer** **c**: Immediacy - Not answered (without penalty) - Impartiality. - **Question 16**: If an appeal against a conviction is successful: - The new sentence will only benefit the appellant, but the convicted persons who did not appeal may request a review of the sentence. - The new sentence will only benefit the appealed person. - The new sentence will only benefit the appellant and the convicted persons who did not appeal but were party to the proceedings in the pleadings stage. - **Correct Answer** **d**: The new sentence will benefit all convicted persons who are in the same situation and who are subject to the grounds alleged, even if they did not appeal. - Not answered (without penalty) - **Question 17**: What differentiates between a bail as a personal precautionary measure and a real precautionary measure? - Not answered (without penalty) - The former is set by an expert, the latter is discretionary on the part of the judge. - Both are calculated according to the investigated person's economic capacity. - **Correct Answer** **d**: The former is calculated in proportion to the possible fine, the latter to the economic damage caused. - Only the non-payment of the former leads to imprisonment. - **Question 18**: Who may appeal against a conviction sentence issued by a provincial court imposing penalties lower than those requested by the prosecutions? - Not answered (without penalty) - All parties involved in the proceedings. - Only the prosecutions. - Only the defense. - **Correct Answer** **e**: Only the defense and the public prosecutor’s Office. - **Question 19**: A defendant in a case involving a penalty of six months to two years does not appear on the day of the oral trial - They can be tried in their absence even if their lawyer is not present. - Not answered (without penalty) - The trial cannot be held to prevent the defense from being denied. - The trial can be held in their absence if their lawyer is present. - An arrest warrant must be issued and they can then be tried once arrested. - **Question 20**: Which of the following requests can not be made during the preliminary questions proceedings? - Incompetence of the court - Statute of limitations - Not answered (without penalty) - The legal irrelevance of the actions subject to the accusation - The inadmissibility of evidence - **Question 21**: During the entry and search of a home: - The presence of the investigating judge is mandatory. - The investigated person must always be present. - The investigated person's lawyer must always be present. - Not answered (without penalty) - The lawyer of the administration of justice must be present. - **Question 22**: The accusatorial principle: - Requires that if the conviction sentence is issued, it is based on the specific classification made by the accusing parties. - **Correct Answer** **b**: Prevents the judge from imposing a penalty higher than that specifically requested by the accusing parties. - Prevents the judge from ordering investigative actions that were not requested by the accusing parties. - All options are correct. - Não respondido (sem penalização) - **Question 23**: The violation of fundamental rights recognized in the constitution: - It can be invoked as a ground for appeal, but not for a cassation appeal. - It can always be used as a basis for appeal, including a cassation appeal. - Can only be raised via an incident of nullity. - It can only be raised before the Constitutional Court. - Not answered (without penalty) - **Question 24**: When a complaint is rejected: - Not answered (without penalty) - A motion for reconsideration may be filed, followed by an appeal. - It is mandatory to file a motion for reconsideration before appealing. - An appeal is the only option. - A motion for reconsideration may be filed, followed by a complaint. - **Question 25**: What is the difference between a complaint and a lawsuit? - A complaint requires a lawyer, a lawsuit does not. - A complaint can be filed in a court, a lawsuit cannot. - A lawsuit requires a general power of attorney, a complaint does not. - Not answered (without penalty) - The former makes the person filing it a party in the proceedings, the latter does not.