Deck 4: Procedure and Evidence

Question 1

The presumption of innocence means that at trial:

A) Defendant must prove that she is not guilty.
B) State must prove that the defendant is guilty.
C) Only a judge may find the defendant guilty.
D) Only a jury may find the defendant guilty.
E) None of the above.

Answer 1

B

Question 2

The document the plaintiff files with a court in which she alleges that the defendant has caused her some injury is:

A) Complaint.
B) Summons.
C) Response.
D) Motion for summary judgment.
E) Default judgment.

Answer 2

A

Question 3

As to every factual issue, one of the parties has the duty to properly raise the issue through pleadings, admissible evidence and persuasion is called:

A) Burden of proof.
B) Presumption of innocence.
C) Proof beyond a reasonable doubt.
D) Privilege.
E) None of the above.

Answer 3

A

Question 4

Opinion testimony from witnesses is generally excluded because:

A) It is the jury's role to draw conclusions from the facts brought out by the witnesses.
B) Experts are usually paid to give their testimony.
C) The jury is just as competent as the witness in interpreting the facts.
D) A and B.
E) A and C.

Question 5

In a criminal case, the state must convince a jury or a judge that the defendant is:

A) Guilty by a preponderance of the evidence.
B) Guilty by reason of insanity.
C) Guilty beyond a reasonable doubt.
D) Guilty by clear and convincing evidence.
E) None of the above.

Question 6

Elizabeth is a witness in Matthew's trial for spousal abuse of Anne. Elizabeth repeats Katherine's assertion that Matthew beat Anne.

A) The testimony is inadmissible because of the Parol Evidence Rule.
B) The testimony is inadmissible because of the Hearsay Rule.
C) The testimony is inadmissible because of the Best Evidence Rule.
D) The testimony is inadmissible because of the Exclusionary Rule.
E) The testimony is admissible.

Question 7

The exclusionary rule was imposed upon federal courts in the case of:

A) Marbury v. Madison.
B) Pennsylvania v. Munk.
C) Weeks v. United States.
D) Colegrove v. Green.
E) United States v. Richardson.

Question 8

As part of the divorce proceedings between Rhett and Scarlett, the judge mandates that the couple consult a neutral third party, Margaret Mitchell, about the property division and advises them that the Court will consider Mitchell's recommendations binding. This is known as:

A) Mediation.
B) Court-annexed arbitration.
C) Compromise.
D) ARM.
E) A peaceful solution.

Question 9

Assume that Derek Jeter and the Steinbrenner family, owners of the New York Yankees, are involved in a controversy over the amount that Jeter is to be paid during the next contract term. They agree to submit the question to a neutral third party and to be bound by the decision of that person. This is known as:

A) Mediation.
B) Arbitration.
C) Compromise.
D) ARM.
E) None of the above.

Question 10

A plurality opinion:

A) Is one where all the judges agree on both the reasoning and the outcome of a case.
B) Is one where at least five of the judges on a nine-person court agree on both the reasoning and the outcome of the case.
C) Is one where at least five of the judges on a nine-person court agree on the outcome but not necessarily the reasoning of a case.
D) Is absolutely binding as precedent.
E) None of the above.

Question 11

If the defendant in a civil suit fails to respond to a summons, the judge may render a:

A) Summary judgment.
B) Judgment by default.
C) Complaint.
D) Deposition.
E) Directed verdict.

Question 12

An order from a higher court to a lower court to send up the record of case so that the higher court may review the case is:

A) Motion for habeas corpus.
B) Writ of certiorari.
C) Writ of certification.
D) Corpus delicti.
E) None of the above.

Question 13

A defendant who pleads nolo contendere is:

A) Denying culpability.
B) Accepting punishment.
C) Accepting culpability.
D) A and B.
E) B and C.

Question 14

Which of the following is not considered as part of the pleadings in a civil case?

A) Complaint.
B) Cross-complaint.
C) Answer.
D) Interrogatory.
E) None of the above.

Question 15

In a bifurcated system there are actually two trials in one proceeding. In a criminal trial the first portion pertains to establishing the innocence or guilt; the second portion is to:

A) Determine punishment.
B) Determine the sufficiency of the evidence.
C) Plead.
D) Allow for an appeal.
E) All of the above.

Question 16

Agreeing to plead guilty to a lesser offense for a lighter sentence is called:

A) Plea bargaining.
B) Indicting.
C) No billing.
D) Injunction.
E) None of the above.

Question 17

Potential jurors who exhibit obvious and apparent bias are dismissed by:

A) Pro se motions.
B) Pro bono motions.
C) Peremptory challenges.
D) Challenges for cause.
E) Pro publico challenges.

Question 18

Rebecca is bringing a lawsuit against Tracy for personal injuries and property damage because of an automobile accident. Which of the following statements is correct?

A) The initial document filed with the court is the complaint or petition.
B) The suit cannot proceed if Tracy cannot be served.
C) Tracy may file for a demurrer if Rebecca does not establish a prima facie case in her pleadings.
D) A default judgment may be issued against Tracy if she does not file an answer after being served.
E) All of the above.

Question 19

The recording of a witness's out-of-court statement, taken under oath prior to the trial, is called:

A) Deposition.
B) An interrogatory.
C) A request for admissions.
D) A subpoena.
E) A motion in limine.

Question 20

When an attorney is allowed to eliminate a prospective juror without giving a reason, this is called:

A) Challenge for cause.
B) Special venire.
C) Process of elimination.
D) Peremptory challenge.
E) None of the above.

Question 21

A type of evidence that allows the trier of fact to accept facts that are common knowledge or subject to certain verification by highly reliable sources without further factual proof is:

A) Testimonial.
B) Tangible.
C) Direct.
D) Judicial notice.
E) None of the above.

Question 22

A plurality opinion:

A) Is one where all the judges agree on both the reasoning and the outcome of a case.
B) Is one where at least five of the judges on a nine-person court agree on both the reasoning and the outcome of the case.
C) Is one where at least five of the judges on a nine-person court agree on the outcome but not necessarily the reasoning of a case.
D) Is absolutely binding as precedent.
E) None of the above.

Question 23

The judge may--within limited circumstances--alter a jury verdict under the doctrine of:

A) Judgment notwithstanding the verdict.
B) Replevin.
C) Contributory negligence.
D) Res ipsa loquitor.
E) None of the above.

Question 24

Bail is designed:

A) To keep the rich in jail.
B) To allow the release of the accused pending trial.
C) To be based primarily on the assets of the accused.
D) As a form of punishment.
E) B and C.

Question 25

Which of the following are basic qualifications for a witness?

A) Ability to communicate with the judge and/or jury.
B) Understanding of the duty to tell the truth.
C) Personal knowledge of the facts.
D) All of the above.
E) None of the above.

Question 26

Which of the following is not hearsay?

A) "I told the officer that I saw the accident."
B) "He pointed to the defendant at the line-up when asked who committed the crime."
C) "I know that he beat her regularly because the children told me."
D) "She said she screamed at him, 'Please don't hit me anymore'."
E) "Three people told me that she said that the defendant was at fault in the accident."

Question 27

A case is deemed "overruled" when:

A) The trial court judge does not follow precedent established by appellate courts.
B) A case is appealed.
C) It is declared to have been wrongly decided in a subsequent case on appeal.
D) Judges follow precedent.
E) None of the above.

Question 28

During the murder trial of Blake, the prosecution wishes to present a gun that the state claims is the murder weapon. Which of the following is true?

A) Horatio Caine, the crime scene investigator, must testify about finding the gun at the scene and the chain of custody regarding the gun.
B) During discovery, the defense would have had an opportunity to examine the gun and pertinent reports such as the ballistics test.
C) The defense could seek to exclude the gun because it was seized during an illegal search.
D) Samantha, the potential juror who had herself been the victim of a crime involving a handgun, would likely be excluded on a challenge for cause.
E) All of the above.

Question 29

Questions of fact are decided by:

A) Jury in a jury trial.
B) Judge in a bench trial.
C) Appellate judges.
D) A and B.
E) A and C.

Question 30

When an appellate court finds only harmless error, the court:

A) Sustains the lower court's decision.
B) Reverses the lower court's decision.
C) Remands the case to the lower court.
D) Hears the case en banc.
E) None of the above.

Question 31

Which of the following is not one of the elements of hearsay?

A) Testimony by a witness.
B) About an out-of-court statement.
C) Made by himself or herself.
D) That is being offered to prove the truth of the matter stated.
E) None of the above.

Question 32

The term used to describe the action when an appellate court sends back a case to a lower court for further action is:

A) Reverse.
B) Remittitur.
C) Remand.
D) Richochet.
E) Reconsider.

Question 33

Which of the following is not a form of evidence?

A) Motion in limine.
B) Testimonial.
C) Tangible.
D) Judicial notice.
E) None of the above.

Question 34

Which of the following is not true of a civil case?

A) Either party may request a jury trial.
B) The plaintiff's case is presented prior to the defendant's case.
C) The trial judge never determines the facts.
D) The verdict is always a special issues verdict.
E) None of the above.

Question 35

A general demurrer involves:

A) Denying the facts purporting to create a cause of action.
B) Asserting that the complaint does not state a cause of action.
C) Pointing out the technical and procedural defects in the complaint.
D) Choosing not to respond to the complaint at all.
E) None of the above.

Question 36

Damages that are awarded in a civil suit (such as libel) to teach the wrongdoer a lesson are called:

A) Prison sentences.
B) General damages.
C) Compensatory damages.
D) Contributory damages.
E) Punitive damages.

Question 37

A legal document developed by a grand jury that charges someone with committing a violation of the criminal law is:

A) Information.
B) Indictment.
C) Iniquity.
D) Interdict.
E) Inquisition.

Question 38

Chen slipped on a banana skin at the grocery store and sues. He must prove his case:

A) By a preponderance of the evidence.
B) By clear and convincing evidence.
C) Beyond a reasonable doubt.
D) Ipso facto.
E) Ex parte.

Question 39

Evidence introduced at trials:

A) May be excluded for one purpose and admitted for another.
B) May be excluded if it is the fruit of a tainted search in a criminal case.
C) May be excluded if the police improperly conducted the interrogation.
D) All of the above.
E) None of the above.

Question 40

A jury which cannot agree on a verdict in a case that requires a unanimous verdict is said to be:

A) Stagnant.
B) Impassive.
C) Garroted.
D) Hung.

Question 41

The _________________of a criminal case is determined by the geographic location of a crime.

A) Voir dire.
B) Venue.
C) Verdict.
D) Venire.
E) None of the above.

Question 42

Discuss the purpose of alternate dispute resolution, its advantages and disadvantages, and its various formats.

Question 43

Discuss the process of filing a civil lawsuit from the time of the event through discovery.

Question 44

Discuss a civil lawsuit from the time of discovery through the verdict and enforcing the judgment.

Question 45

Discuss the process of summoning and selecting a jury.

Question 46

Discuss the stages of an appeal.

Question 47

Discuss the appellate procedure at the U.S. Supreme Court and the state appellate courts including, but not limited to, the procedures for selecting and deciding cases and the types of opinions.

Question 48

Discuss discovery including, but not limited to, its purposes and formats.

Question 49

Discuss the criminal process from the time of the event through the arraignment.

Question 50

Discuss the criminal process from the time of arraignment through punishment.

Question 51

Discuss various types of evidence.

Question 52

Define and discuss the Exclusionary Rule and the Rule against Hearsay, and the purposes of each.