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Self-Study Test
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      [1] The power of contempt of court is a drastic remedy which should be reserved for only the most egregious cases.
      True False
     
      [2] Contempt should be used as a last means of controlling a courtroom, and only when necessary to the proper and orderly conduct of judicial proceedings.
      True False
     
      [3] In resorting to contempt, a judge must keep in mind that the exercise of the power of contempt is not so much geared to promote the respect due the administration of the laws as to vindicate the judge's character.
      True False
     
      [4] The power of contempt must be exercised wisely because in a summary contempt proceeding the judge who metes out the contempt is usually both the injured party and the prosecutor.
      True False
     
      [5] When an attorney argues an untenable position of law to the judge, the judge can hold the attorney in contempt even if the position was taken in good faith.
      True False
     
      [6] When a judge believes that an attorney's behavior is contemptous, the judge should not even consider accepting an apology and should proceed with contempt proceedings.
      True False
     
      [7] If a judge has become personally embroiled with the lawyer subject to contempt, absent an absolute and immediate need for the judge to maintain control over his courtroom, the judge should have a different judge try the merits of the contempt charge.
      True False
     
      [8] When a contempt proceeding is initiated by a judge, as opposed to by a prosecutor, the person subject to contempt is not presumed innocent and can be compelled to testify in the contempt proceeding.
     
      [9] Unless a prosecutor initiates a contempt proceeding by filing a criminal charge, a contempt need be proved by merely a preponderance of evidence, not beyond a reasonable doubt.
      True False
     
      [10] Direct contempt is when all the facts occur outside the immediate view and presence of a judge but the judge orders the person subject to contempt to report to court for a hearing.
      True False
     
      [11] A hybrid contempt occurs when some of the facts occur in the immediate view and presence of the court, and some do not.
      True False
     
      [12] In both a direct and hybrid contempt, a person subject to contempt has the same rights to notice and an opportunity to present a defense.
      True False
     
      [13] Because in an indirect contempt all the events happen in the immediate view and presence of the judge, there is no need to initiate the contempt by an affidavit reciting the facts supporting the contempt.
      True False
     
      [14] A contempt based on a violation of a court order is valid even if the underlying order itself was invalid.
      True False
     
      [15] Penal Code Section 654's bar against multiple punishment for a single course of conduct is inapplicable to contempts; thus a judge can take a single act and divide it into multiple counts of contempt.
      True False
      [16] A sentence imposed against an attorney as a criminal contempt must be stayed for three judicial days to permit appellate review.
      True False
     
      [17] There are no exceptions to the three-day stay provision for sentences against attorneys; even if the attorney's contemptuous conduct resulted in failing to give a court proper respect, any sentence imposed must be stayed for three days.
      True False
     
      [18] A judge is not mandated to report an attorney to the State Bar after finding him or her in contempt unless the judge finds that the contemptuous conduct may warrant discipline by the State Bar.
      True False
     
      [19] A contempt order is only reviewable by a writ, and the appellate court will draw all presumptions against the validity of the order of contempt.
      True False
     
      [20] When a contempt order does not result in placing the contemner in custody, the proper appellate remedy is a writ of certiorari; if the contemner was subject to custody, the proper remedy is habeas corpus.
      True False
     
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