busniess law exam 1 mult choice Qs

Legislative bodies may define crime but a court may

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Legislative bodies may define crime, but a court may not. 2. Hector is charged with felony theft. The charges are based on evidence taken from Hector’s apartment in a police search without a search warrant. At trial, Hector claims that his Fourth Amendment rights have been violated. The prosecutor responds by noting that this proceeding is taking place in a state court and not a federal court and therefore the Fourth Amendment does not apply. Which of the following is correct? a. Hector is correct; the Fourth Amendment applies to this case. b. The prosecutor is correct; the Fourth Amendment does not apply to this state action. 3. Gary robs Christina and is criminally charged with the offense of robbery. Which of the following is correct?
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a) The case title in this and other criminal actions will always show a body of government (e.g., State of Texas v. Gary) as the prosecution. b) There are a few exceptions where private prosecution is allowed and the case title in a criminal action will show a private party (e.g., Christina v. Gary) as the prosecution.
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