Boys State Bar Exam UPDATED ACTUAL
Exam Questions and CORRECT Answers
Who can file and prosecute criminal charges against persons believed to have committed a
crime? - CORRECT ANSWER - County District Attorney or State Attorney General
Defendant (in criminal case) - CORRECT ANSWER - A person charged with a criminal
offense
In whose name are cases filed against a person charged with a criminal offense? - CORRECT
ANSWER - Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA
against the person charged with a crime
What are the US and CA Constitutional guarantees to one charged with a crime? - CORRECT
ANSWER - The right :
1. To a speedy and public trial by court or jury
2. To appear in person and with counsel (an attorney)
3. To produce witnesses on his or her behalf and to be confronted with the witnesses against him
or her in the presence of the Court and jury and cross-examine those witnesses
4. not to testify (known as "right against self-incrimination")
Felony? - CORRECT ANSWER - A felony is a crime punishable by incarceration in the State
prison for one year or longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or
by an "information" filed by the District Attorney
(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, and sale of
narcotics)
Misdemeanor - CORRECT ANSWER - All other crimes that aren't felonies or infractions.
They are punishable by fine and/or imprisonment in the County Jail (not State Prison) for a
period of less than one year.
, (examples: simple assault, battery, petty theft, possession of small amounts of narcotics,
disturbing the peace and violations of some City or County ordinances.
Infraction - CORRECT ANSWER - 1. Minor violations of City or County ordinances (a
citation - "a ticket" is usually given and the punishment is usually a fine or assignment to public
service or both)
2. Not punishable by imprisonment
Habeas Corpus - CORRECT ANSWER - principle that a person cannot be held in prison
without first being charged with a specific crime
Writ of Habeas Corpus - CORRECT ANSWER - A court order requiring jailers to explain to a
judge why they are holding a prisoner in custody.
Writ - CORRECT ANSWER - A court order
Return (having to do with a Writ) - CORRECT ANSWER - the official upon who the writ is
served must make a return stating the reason the person has been imprisoned (?? page 2, number
3)
proceeding on hearing - CORRECT ANSWER - After a Writ of habeas corpus is filed and a
return is made, the court then proceeds to hear such proof in favor or against detention. If no
legal cause is shown, the court may excuse the accused from custody ( or the court must remand
the individual to the custody of the offical).
What courts can issue a Writ? - CORRECT ANSWER - In California, the Superior Courts,
District Courts of Appeal and the Supreme Court may issue writs.
Bail - CORRECT ANSWER - A defendant may be allowed bail after a criminal charge has
been filed against him/her, as a matter of right, UNLESS the charge is punishable by death and
the presumption of guilt is evident. However, the court has the discretion to set bail.
Exam Questions and CORRECT Answers
Who can file and prosecute criminal charges against persons believed to have committed a
crime? - CORRECT ANSWER - County District Attorney or State Attorney General
Defendant (in criminal case) - CORRECT ANSWER - A person charged with a criminal
offense
In whose name are cases filed against a person charged with a criminal offense? - CORRECT
ANSWER - Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA
against the person charged with a crime
What are the US and CA Constitutional guarantees to one charged with a crime? - CORRECT
ANSWER - The right :
1. To a speedy and public trial by court or jury
2. To appear in person and with counsel (an attorney)
3. To produce witnesses on his or her behalf and to be confronted with the witnesses against him
or her in the presence of the Court and jury and cross-examine those witnesses
4. not to testify (known as "right against self-incrimination")
Felony? - CORRECT ANSWER - A felony is a crime punishable by incarceration in the State
prison for one year or longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or
by an "information" filed by the District Attorney
(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, and sale of
narcotics)
Misdemeanor - CORRECT ANSWER - All other crimes that aren't felonies or infractions.
They are punishable by fine and/or imprisonment in the County Jail (not State Prison) for a
period of less than one year.
, (examples: simple assault, battery, petty theft, possession of small amounts of narcotics,
disturbing the peace and violations of some City or County ordinances.
Infraction - CORRECT ANSWER - 1. Minor violations of City or County ordinances (a
citation - "a ticket" is usually given and the punishment is usually a fine or assignment to public
service or both)
2. Not punishable by imprisonment
Habeas Corpus - CORRECT ANSWER - principle that a person cannot be held in prison
without first being charged with a specific crime
Writ of Habeas Corpus - CORRECT ANSWER - A court order requiring jailers to explain to a
judge why they are holding a prisoner in custody.
Writ - CORRECT ANSWER - A court order
Return (having to do with a Writ) - CORRECT ANSWER - the official upon who the writ is
served must make a return stating the reason the person has been imprisoned (?? page 2, number
3)
proceeding on hearing - CORRECT ANSWER - After a Writ of habeas corpus is filed and a
return is made, the court then proceeds to hear such proof in favor or against detention. If no
legal cause is shown, the court may excuse the accused from custody ( or the court must remand
the individual to the custody of the offical).
What courts can issue a Writ? - CORRECT ANSWER - In California, the Superior Courts,
District Courts of Appeal and the Supreme Court may issue writs.
Bail - CORRECT ANSWER - A defendant may be allowed bail after a criminal charge has
been filed against him/her, as a matter of right, UNLESS the charge is punishable by death and
the presumption of guilt is evident. However, the court has the discretion to set bail.
