Question 1

Which of the following is correct with regard to jury sizes?&#10;A) Defendants in misdemeanor cases select the size of jury they prefer.&#10;B) Misdemeanor cases often involve 12-member juries.&#10;C) All states require 12-member juries in capital offense cases.&#10;D) All states require 12-member juries in all felony cases.

Accepted Answer

All states do require 12-member juries in capital offense cases.

Question 2

Potential jurors are questioned during _______ to determine their suitability to serve as objective, unbiased jurors.&#10;A) a preliminary hearing&#10;B) an arraignment&#10;C) voir dire&#10;D) habeas corpus

Accepted Answer

Voir dire is the process by which potential jurors are questioned by the judge and lawyers to determine their qualifications and suitability to serve as an objective and unbiased juror. A preliminary hearing is a court hearing to determine whether there is enough evidence to proceed with a trial. An arraignment is when the defendant is formally charged with a crime and enters a plea. Habeas corpus is a legal action that allows a person who is being detained to challenge the legality of their detention.

Question 3

Which of the following is submitted prior to jury selection by defense attorneys who believe the jury pool is not reflective of the community or is biased in some manner?&#10;A) A sequester challenge&#10;B) A peremptory challenge&#10;C) A challenge for cause&#10;D) A challenge to the array

Accepted Answer

A challenge to the array is submitted prior to jury selection by defense attorneys who believe the jury pool is not reflective of the community or is biased in some manner. This challenge requires evidence of systematic exclusion or some other significant flaw in the way the jury pool was selected. A sequester challenge, peremptory challenge, and challenge for cause are challenges made during jury selection.

Question 4

Which of the following types of evidence can be circumstantial or direct, is presented to the jury in the form of exhibits, and can include, for example, fingerprints, notes, and weapons?&#10;A) Circumstantial&#10;B) Real&#10;C) Indirect&#10;D) Testimonial

Accepted Answer

Real evidence refers to physical evidence and can be presented to the jury in the form of exhibits. It includes items such as fingerprints, notes, and weapons. Real evidence can be both circumstantial or direct, depending on the context in which it is presented.

Question 5

The presentation of evidence at trial begins with the prosecution's _______ of their witnesses.&#10;A) recross-examination&#10;B) redirect examination&#10;C) cross-examination&#10;D) direct examination

Accepted Answer

The term "direct examination" refers to the questioning of a witness by the party who called them to testify, in this case, the prosecution.

Question 6

Jurors in Judge Thompson's court were unable to reach a verdict in an armed robbery case. In response, Judge Thompson provided new instructors for the jurors and issued a(n) _______ in efforts to encourage them to come to a verdict.

A) Allen charge
B) indictment
C) Buie motion
D) repartition

Accepted Answer

An Allen charge (also known as a dynamite charge or a third-degree instruction) is a supplemental jury instruction given by a judge when jurors are deadlocked and unable to reach a verdict. The purpose of the instruction is to encourage jurors to re-examine their positions and try to reach a consensus. It is often considered a last resort before a mistrial is declared.

Question 7

Which of the following involves jurors dismissing the facts of a case and basing their decisions on other factors, such as their opinion of the participants in the crime or the appropriateness of the law?

A) Jury nullification
B) Juror freeloading
C) Going off the grid
D) Allen charging

Accepted Answer

Jury nullification occurs when jurors ignore the facts of a case and acquit a defendant because they disagree with the law or feel it is unjust. This is typically based on personal beliefs, morals, or values and is not related to the evidence presented in the case.

Question 8

Bench trials involve judges replacing jurors in determining guilt at trial.

Accepted Answer

In bench trials, judges do replace jurors in determining guilt at trial.

Question 9

The Fair Labor Standards Act requires jurors be paid while they served as jurors and missed work.

Accepted Answer

The Fair Labor Standards Act does not require employers to pay employees for time not worked, including time spent serving as a juror.

Question 10

Once attorneys have used all of their peremptory challenges, they must accept all jurors unless a challenge for cause can be offered.

Accepted Answer

Once peremptory challenges have been exhausted, attorneys must accept jurors unless they can provide a legal cause for challenge, such as a conflict of interest or bias.

Question 11

Defense attorneys are typically the first to present their case at opening statements and are followed by the prosecution.

Accepted Answer

The answer of Defense attorneys are typically the first to...

Question 12

Cases that result in hung juries, or deadlocked juries, result in the defendant being acquitted.

Accepted Answer

The answer of Cases that result in hung juries, or...

Question 13

Following the announcement of a verdict in the courtroom, jurors may be polled by the trial attorneys to ensure that all (or the necessary number of) jurors agreed with the verdict.

Accepted Answer

The answer of Following the announcement of a verdict in...

Question 14

Jury nullification empowers jurors to become active participants in enforcing criminal laws.

Accepted Answer

The answer of Jury nullification empowers jurors to become active...

Question 15

Outline and discuss each primary step of the trial process.

Accepted Answer

The answer of Outline and discuss each primary step of...

Question 16

How is jury selection conducted? In what ways could the process be improved?

Accepted Answer

The answer of How is jury selection conducted? In what...

Deck 24: Trials