During jury selection, the prosecutor excludes three potential jurors because they are schoolteachers. Applying the rule enunciated in Batson v. Kentucky, this pattern of excluding jurors is: a) Permissible b) Impermissible c) Only permissible if the jurors don't learn the basis for their exclusion d) Only permissible if the jurors are informed of the basis of their exclusion. ANSWER Which of the following statements is NOT accurate with respect to a civil trial in New York: a) Jury consists of six jurors; b) The burden of proof is preponderance of the credible evidence; c) The burden of proof is born by the party who brings the lawsuit. d) A verdict does not have to be unanimous. ANSWER Croce was convicted, after a jury trial, of Grand Larceny in the Second Degree, in violation of Penal law section 155.40, a lass C, non-violent felony. If Croce was convicted of the same offence seven years ago, and served three years in prison, which of the following statements is most accurate? a) Croce is a not predicate felon and may be sentenced as a first time offender. b) Croce is a predicate offender and must receive an enhanced sentence. c) Croce is a discretionary persistent offender and could receive a life sentence. d) Croce is a mandatory persistent offender and MUST receive a life sentence. ANSWER Croce is sentenced to a term of incarceration from 5 to 15 years, depending on good time credit and the parole board's assessment of Croce. This type of sentence is known as ? a) Flexible sentencing b) Determinate sentencing c) Indeterminate sentencing d) Discretionary sentencing ANSWER A person who has been sentenced to a determinate sentence of seven years in State prison, must serve: a) The entire seven years; b) Only half of the sentence before he becomes eligible for parole; c) 6/7 of the sentence; d) No less than one year nor more than seven years