Contempt Multiple Choice

Question 1

A man falls behind on his obligations to pay court-ordered child support, and the court
finds him in contempt based on the failure to pay. The judge orders that the man be taken into custody and stay in the county jail for “30 days or until the child support payments have been paid in full.” Which of the following best describes the nature of the contempt proceeding:
A. Criminal
B. Direct
C. Civil
D. None of the above

Answer 1

C - COERCIVE!! and ability to purge (B is wrong because it happened outside of court)

Question 2

In which of the following situations would the contemnor be entitled to a jury trial?

A. A witness is subpoenaed to testify before a grand jury and refuses to do so.
Thereafter, a judge orders that the witness be held in jail until he testifies.
B. A witness is subpoenaed to testify before a grand jury and refuses to do so.
Thereafter, a judge orders that the witness be fined $25 per day for each day he continues to refuse to testify
C. Both A and B
D. None of the above

Answer 2

D - Jury= criminal only (with threat of significant jail time)

Question 3

Why is a person accused of direct contempt not entitled to present evidence in his or her
defense?

A. Because the sanctions for direct contempt cannot include jail time
B. To protect the court’s inherent authority to control the courtroom and proceedings
before it
C. Because there is no defense to direct contempt
D. Because there is no right to counsel in that situation

Answer 3

B (A wrong because sanctions for direct can be jail; D wrong because that is not the reason why a person would not be entitled to present defense)

Question 4

4. Contempt is:

A. Available for nonpayment of a legal judgment
B. The court’s power to enforce its own powers
C. Always punitive
D. An equitable remedy

Answer 4

B (A is wrong because contempt is not available for nonpayment of a legal judgment)

Question 5

Which of the following things about indirect contempt is not accurate?

A. Indirect contempt always requires a nonsummary proceeding
B. Indirect contempt involves an existing court order
C. Indirect contempt can be punitive
D. Indirect contempt always requires a jury trial

Answer 5

D (A B and C are all true statements)

Question 6

6. During a criminal trial, a witness called by the prosecution refuses to answer a question.
   The judge informs the witness that he is required to answer all questions unless there is a valid objection. The prosecutor asks the question again, there is no objection; the witness again refuses to answer. The judge orders the witness to answer. The witness refuses. What kind of procedure is required before the witness can be found in contempt and punished by being confined for thirty days in jail?

A. None, the witness can summarily be found in contempt by the judge and sent to jail Direct contempt
B. A hearing, where the witness can present evidence in his defense
C. A jury trial
D. A grand jury inquiry

Answer 6

A - Direct contempt=summarily

Question 7

A witness is subpoenaed by the defense to appear and testify at a criminal trial. The day
for the witness’s appearance comes and the witness does not appear. The defense attorney enters into evidence documents that show the witness was served with subpoena and notified when to appear. What kind of procedure is required before the witness can be found in contempt and punished by a fine of $50?

A. None, the witness can summarily be found in contempt by the judge and sent to jail
B. A hearing, where the witness can present evidence in his defense
C. A jury trial
D. A grand jury inquiry

Answer 7

B - Indirect contempt=defense