The right of the accused to be informed is violated if:
he was accused of killing his wife by strangulation but it
was proven
that his wife died of poisoning;
it was proven that he killed somebody on a date different
from the
one alleged in the information;
he was charged with parricide but was convicted of murder,
because
it turned out that he and the victim were not married;
the accused was charged with commission of acts of
lasciviousness
and was convicted of unjust vexation.
A criminal statute that "fails to give a person of
ordinary intelligence
fair notice that his contemplated conduct is forbidden by
statute" is:
void for fair notice;
void for arbitrariness;
void for vagueness;
void conclusively.
ef(ect'_' is a concept used in the area of constitutional
llt1gatron affectmg: ·
protected speech;
protected executive privilege;
protected legislative discretion;
protected judicial discretion.
In the law of libel and protected speech, a person who, by
his
accomplishments, fame, or mode of living, or by adopting a
profession or calling which gives the public a legitimate
interest in his
doings, his affairs, and his character, has become a:
public figure;
celebrity;
public official;
de facto public officer.
I
Which one of the following is not a proper test in cases of
challenges
to governmental acts that may violate protected speech:
clear and present danger;
balancing of interests;
reasonable relation;
dangerous tendency. ._(Po_litic_al L_aw_=-- =, . Page 22
of23
95. Commercial speech is entitled to
a) more protection compared to other constitutionally
guaranteed
expression;
b) equal protection compared to other constitutionally
guaranteed
expression;
c) lesser protection cornpar·ed to ot:··1er constitutionally
guaranteed
expression:
d) none of the above.
96. No liability can attach to a false, defamatory statement
if it relates to
official conduct unless the public official concerned proves
that the
statement was with knowledge that it was false or with
reckless
disregard of whether 1t was false or not. This is known as
what rule?
a) libel malice rule;
b) actual malice rule;
c) malice in fact rule;
d) legal malice rule.
97. It is a form of entrapment The method is for an officer
to pose as a
buyer. He, however, neither instigates nor induces the
accused to
commit a crime because in these cases, the
"seller" has already
decided to commit a crime. The offense happens right before
the
eyes of the officer. Under these circumstances :
a) there is a need for an administrative but not a judicial
warrant for
seizure of goods and arrest of the offender;
b) there is for a warrant for the seizure of the goods and
for the
arrest of the offender;
c) there is no need for a warrant either for the seizure of
the goods or
for the arrest of the offender,
d) the offender can be arrested but there is a need for a
separate
warrant for the seizure of the goods.
98. Where a police officer observes unusual conduct which
leads him
reasonably to conclude in light of his experience that
criminal activity
may be afoot and that the persons with whom he is dealing
may be
armed and dangerous and he identifies himself and makes
reasonable inquiries, but nothing serves to dispel his
reasonable fear
for his own or other's safety, he is entitled to conduct a
carefully
limited search of the outer clothing of such persons for
weapons.
Such search is constitutionally permissible and is known as
a:
a) stop and search;
b) stop and frisk; J Political Law Page 23 of23
c) stop and interrogate;
d) stop and detain.
99. Accused was charged with slight illegal detention. On
the day set for
the trial, the! trial court proceeded as follows:
"Court: --to the accused: Q: "Do you have an
attorney or are you
going to plead guilty?"
A: "I have no lawyer and i will plead
guilty."
Accused was then arraigned, pleaded guilty, was found guilty
and
sentenced. On appeal, the Supreme Court reversed. The
accused
was deprived of his:
a) right to cross-examination;
b) right to be presumed innocent;
c) right to counsel;
d) right to production of evidence.
100. The constitutional right of an accused "to meet
the witnesses face to
face" is primarily for the purpose of affording the
accused an
opportunity to:
a) identify the witness;
b) cross-examine witness;
c) be informed of the charge;
d) be heard.