NYS Legal Terminology and Principles 2 — Questions and Answers
Question 1: What does the term 'subpoena' require a person to do?
- Pay a court fine
- Appear in court or produce documents (Correct answer)
- Post bail
- Waive their rights
Correct answer: Appear in court or produce documents
A subpoena is a legal order compelling a person to appear in court or produce specified documents.
Question 2: What is 'mens rea' in criminal law?
- The physical act of a crime
- The guilty mind or criminal intent (Correct answer)
- The victim's testimony
- The punishment imposed
Correct answer: The guilty mind or criminal intent
Mens rea refers to the mental element or criminal intent required to be guilty of a crime.
Question 3: In New York courts, what is an 'arraignment'?
- A sentencing hearing
- A preliminary hearing where charges are read and a plea is entered (Correct answer)
- A grand jury proceeding
- An appeal hearing
Correct answer: A preliminary hearing where charges are read and a plea is entered
An arraignment is the first court appearance where a defendant is formally charged and enters a plea.
Question 4: What does 'pro se' mean in legal proceedings?
- Represented by a public defender
- Represented by a private attorney
- Representing oneself without an attorney (Correct answer)
- Appearing by video conference
Correct answer: Representing oneself without an attorney
Pro se means a party is representing themselves in court without legal counsel.
Question 5: What is 'double jeopardy'?
- Being charged with two crimes at once
- Being tried twice for the same offense after acquittal or conviction (Correct answer)
- Receiving two consecutive sentences
- Being held in contempt during trial
Correct answer: Being tried twice for the same offense after acquittal or conviction
Double jeopardy is the constitutional protection against being tried twice for the same crime after a verdict has been reached.
Question 6: What is a 'bench warrant'?
- A court order issued by a judge directing law enforcement to arrest a person (Correct answer)
- A written opinion by a judge
- A search warrant for a courthouse
- A document allowing evidence to be sealed
Correct answer: A court order issued by a judge directing law enforcement to arrest a person
A bench warrant is issued directly by a judge, typically when a defendant fails to appear in court.
Question 7: What does 'in camera' mean in a legal context?
- Proceedings recorded on video
- A private hearing in the judge's chambers or a closed courtroom (Correct answer)
- Evidence submitted as photographs
- A televised trial
Correct answer: A private hearing in the judge's chambers or a closed courtroom
In camera refers to proceedings conducted privately, typically in the judge's chambers or a closed courtroom.
NYS Legal Terminology and Principles 2
What does the term 'subpoena' require a person to do?