Question 1

The Equal Protection Clause of the Fourteenth Amendment prohibits systematic exclusion of jurors on the basis of:&#10;A)race.&#10;B)gender.&#10;C)religious beliefs.&#10;D)all of the above.

Accepted Answer

The Equal Protection Clause of the Fourteenth Amendment prohibits systematic exclusion of jurors on the basis of race, gender, and religious beliefs. Therefore, all of the above options are correct. The Equal Protection Clause of the Fourteenth Amendment prohibits systematic exclusion of jurors on the basis of race, gender, and religious beliefs, among other things. Therefore, option D, "all of the above" is the correct answer.

Question 2

Opening statements of counsel:&#10;A)are the most important items of evidence in any case.&#10;B)cannot be limited by the trial judge.&#10;C)are not, themselves, items of evidence.&#10;D)can be prohibited by the trial judge.

Accepted Answer

B

Question 3

When challenging prospective jurors, counsel have:&#10;A)an unlimited number of challenges for cause.&#10;B)an unlimited number of peremptory challenges.&#10;C)a set number of both types of challenges.&#10;D)whatever challenges the judge awards.

Accepted Answer

Challenges for cause are unlimited because they require a specific reason that indicates a juror cannot be fair or impartial. These reasons must be convincing to the court. Peremptory challenges, on the other hand, are limited in number and do not require the disclosure of a reason.

Question 4

In a jury trial, the judge:&#10;A)may direct an acquittal or a conviction.&#10;B)may direct an acquittal, but not a conviction.&#10;C)may direct a conviction, but not an acquittal.&#10;D)may not direct any verdict, but must accept the jury's verdict.

Accepted Answer

In a jury trial, the judge has the authority to direct an acquittal if they determine that there is insufficient evidence for a reasonable jury to convict. However, the judge cannot direct a conviction, as this would infringe upon the jury's exclusive role in determining the guilt or innocence of the defendant.

Question 5

Voir dire is the process of:&#10;A)examining prospective jurors.&#10;B)selecting the trial judge.&#10;C)establishing proper venue.&#10;D)establishing the court's jurisdiction.

Accepted Answer

Voir dire is the process of examining prospective jurors to determine their suitability to serve on a jury for a particular trial. The other options listed refer to different legal concepts and procedures that are not related to voir dire. Voir dire is the process of examining prospective jurors to determine their qualifications and suitability to serve on a jury for a particular trial.

Question 6

A challenge for cause may be made against jurors:&#10;A)who ask to be excused from jury duty.&#10;B)who do not stand impartial in the case.&#10;C)who are not of the same race as the defendant.&#10;D)who are not of the same gender as the defendant.

Accepted Answer

A challenge for cause may be made against jurors who do not stand impartial in the case, meaning they have preconceived biases or prejudices that could affect their ability to be fair and impartial. Requests to be excused from jury duty (A), race (C), and gender (D) are not valid reasons for a challenge for cause. A challenge for cause can be made against jurors who do not stand impartial in the case. Asking to be excused, race, and gender are not valid reasons for a challenge for cause.

Question 7

Challenges for cause:&#10;A)must be made prior to voir dire.&#10;B)must be based on jurors' answers to questions.&#10;C)must be based on independent evidence of prejudice.&#10;D)may be based on either b or C

Accepted Answer

Challenges for cause can be based on jurors' answers to questions during voir dire, such as revealing a bias or prejudice. They can also be based on independent evidence of a juror's prejudice. Therefore, the best choice is D, which includes both options. However, challenges for cause must be made during voir dire, making choice A incorrect. Challenges for cause may be based on either the jurors' answers to questions during voir dire or independent evidence of prejudice. It is not necessary to make the challenge prior to voir dire.

Question 8

The defendant's character is:&#10;A)an issue in every criminal trial.&#10;B)an issue if the prosecution chooses to offer character evidence.&#10;C)an issue if the defense chooses to place character in issue.&#10;D)never an issue in a criminal case.

Accepted Answer

The defendant's character is only an issue if the defense chooses to place it in issue. This means the defense must bring up the defendant's character and offer evidence to support it. It is not an automatic issue in every criminal trial and the prosecution does not have to offer character evidence unless the defense raises the issue first. Therefore, the best choice is C. The defendant's character is only an issue in a criminal trial if the defense chooses to place character in issue. The prosecution may also choose to offer character evidence, but it is not required. Therefore, option C is the best choice.

Question 9

The Sixth Amendment:&#10;A)guarantees unanimous verdicts in all cases.&#10;B)guarantees unanimous verdicts in felony cases.&#10;C)does not guarantee unanimous verdicts.&#10;D)guarantees a verdict by two-thirds majority.

Accepted Answer

The Sixth Amendment guarantees the right to a fair trial, the right to counsel, and other protections for accused persons, but it does not specifically guarantee unanimous verdicts. The requirement for unanimity in jury verdicts varies depending on the jurisdiction and the type of case.

Question 10

The constitutional right to trial by jury does not include:&#10;A)the right to an impartial jury.&#10;B)the right to have the jury selected in a nondiscriminatory manner.&#10;C)the right to a unanimous verdict.&#10;D)the right to any minimum number of jurors.

Accepted Answer

The constitutional right to a unanimous verdict is not guaranteed in all cases. For example, the U.S. Supreme Court has ruled that non-unanimous verdicts are permissible in state criminal cases, indicating that the Constitution does not universally require unanimity for a jury verdict.

Question 11

A plea of nolo contendere means that the defendant:&#10;A)admits guilt and accepts the court's punishment.&#10;B)does not admit guilt, but will not contest the prosecution's case.&#10;C)pleads guilty to a lesser included offense.&#10;D)offers an affirmative defense.

Accepted Answer

The answer of A plea of nolo contendere means that...

Question 12

Trials may be closed to the public:&#10;A)for administrative convenience.&#10;B)with the defendant's consent.&#10;C)with the consent of the news media.&#10;D)only in the most extreme situations.

Accepted Answer

The answer of Trials may be closed to the public:&#10;A)for...

Question 13

Limiting instructions tell the jury:&#10;A)the time limits within which it must reach a verdict.&#10;B)the legal limits of possible punishment.&#10;C)the proper use to be made of certain evidence.&#10;D)the relevant burdens of proof in the case.

Accepted Answer

The answer of Limiting instructions tell the jury:&#10;A)the time limits...

Question 14

Arraignment:&#10;A)identifies the defendant, states the charges, and asks for a plea.&#10;B)identifies the defendant, and accepts a plea to the charges.&#10;C)identifies the defendant, accepts a plea, and reviews any plea agreement.&#10;D)identifies the defendant and counsel in the case.

Accepted Answer

The answer of Arraignment:&#10;A)identifies the defendant, states the charges, and...

Question 15

An Alford plea means that the defendant:&#10;A)admits guilt and accepts the court's punishment.&#10;B)pleads guilty to a lesser included offense.&#10;C)pleads guilty but proclaims innocence.&#10;D)offers an affirmative defense.

Accepted Answer

The answer of An Alford plea means that the defendant:&#10;A)admits...

Question 16

A peremptory challenge may be used:&#10;A)only to strike jurors who are not impartial.&#10;B)only to strike jurors who expressed prejudice.&#10;C)against any juror without stating a reason.&#10;D)against any juror without stating a reason, so long as the challenge is not based on race or gender.

Accepted Answer

The answer of A peremptory challenge may be used:&#10;A)only to...

Question 17

A proffer of evidence establishes:&#10;A)what the offered evidence would have been if the trial judge had admitted the evidence.&#10;B)the subject matter of opening arguments.&#10;C)the subject matter of closing arguments.&#10;D)all evidence that counsel hopes to offer in the case.

Accepted Answer

The answer of A proffer of evidence establishes:&#10;A)what the offered...

Question 18

A motion to recuse:&#10;A)asks for a change of venue.&#10;B)asks that the trial be open to the public.&#10;C)asks that the judge step down from the case.&#10;D)asks that jurors be excused.

Accepted Answer

The answer of A motion to recuse:&#10;A)asks for a change...

Question 19

The power of a jury to acquit even when the facts clearly point to conviction is called:&#10;A)an Allen verdict.&#10;B)jury nullification.&#10;C)an Alford verdict.&#10;D)a peremptory challenge.

Accepted Answer

The answer of The power of a jury to acquit...

Question 20

If a defendant refuses to enter a plea, the court will:&#10;A)enter a plea of guilty.&#10;B)enter a plea of nolo contendere.&#10;C)order a psychiatric examination of the defendant.&#10;D)enter a plea of not guilty.

Accepted Answer

The answer of If a defendant refuses to enter a...

Question 21

The defendant's presence at trial:&#10;A)is absolute, and trial cannot take place without the defendant.&#10;B)can be forfeited by disruptive behavior.&#10;C)is not a constitutional right.&#10;D)is subject to the judge's discretion.

Accepted Answer

The answer of The defendant's presence at trial:&#10;A)is absolute, and...

Deck 15: Trial