Deck 11: Trial Procedure

Question 1

If the witness objects to taking an oath, the trial judge may:

A) disqualify the witness.
B) order the witness to take an oath.
C) allow the witness to make an affirmation.
D) gag the witness.

Answer 1

allow the witness to make an affirmation.

Question 2

Direct examination means:

A) asking witnesses direct questions.
B) questioning by the side that called the witness.
C) asking questions to which a direct answer must be given.
D) directing or leading the witness toward the answer desired.

Answer 2

questioning by the side that called the witness.

Question 3

A leading question is one which:

A) indicates the answer desired.
B) leads into the next question.
C) leads the jury to believe the witness will answer truthfully.
D) is used mostly during direct examination.

Answer 3

indicates the answer desired.

Question 4

If a defendant does not take the stand in his or her own behalf:

A) it means that he or she is guilty.
B) his or her failure to do so may not be commented on by the prosecution.
C) it means that he or she has no defense.
D) it means that his or her alibi defense has failed to materialize.

Question 5

When the judge sustains an objection to a question, it means:

A) that the question may be answered.
B) that the question should not be answered.
C) that the witness must wait until the judge makes up his or her mind.
D) that the witness is in contempt of court.

Question 6

After the prosecution has completed its redirect examination of a witness, the defense may then conduct:

A) cross-examination.
B) redirect cross-examination.
C) recross-examination.
D) concluding examination.

Question 7

After prosecution rests and the defense presents its evidence, the prosecution may then:

A) forward the case directly to the jury.
B) present rebuttal evidence.
C) rest.
D) Both B and C

Question 8

An out of court statement taken of a witness under oath and before a court reporter and the counsel is called a(n):

A) admission.
B) declaration.
C) deposition.
D) affirmation.

Question 9

When the defendant claims that he did not know that what he was doing was wrong, he is invoking what insanity test?

A) Durham
B) M'Naghten
C) ALI
D) Substantial capacity

Question 10

Which below standard is presently used in federal courts?

A) Right from wrong test
B) Could not control his or her conduct test
C) Lacks substantial capacity to appreciate the wrongfulness of the conduct
D) Lacks capacity to appreciate the wrongfulness of the conduct.

Question 11

The prosecution goes first with opening statements because:

A) they have the burden of proof.
B) they are seated to the right of the judge and the order is based off of clockwise.
C) common law dictates this.
D) The prosecution does not go first.

Question 12

The only exception to the administration of the oath to a witness is:

A) in the case of a small child.
B) a mentally retarded person who may not understand the meaning of the oath.
C) Both A and B
D) None of the above

Question 13

________ attorneys make frequent objections during the trial.

A) Prosecuting
B) Defense
C) Respondents
D) Petitioners

Question 14

________ enables the opposition or adversary to challenge the witness's veracity, accuracy, and prejudices.

A) Direct examination
B) Cross examination
C) Rebuttal
D) Surrebuttal

Question 15

Devaluation of the testimony by cross-examination is referred to as ________ in the field of evidence.

A) impeachment
B) objection
C) sustain
D) ruling

Question 16

Leading questions are permitted on ________ if the attorney feels that utilizing them is an advantage.

A) cross-examination
B) direct examination
C) rebuttal
D) closing arguments

Question 17

After the defense attorney has completed his or her cross-examination, the judge will permit the prosecuting attorney to further question the witness. This questioning is known as:

A) redirect examination.
B) cross examination.
C) rebuttal.
D) surrebuttal.

Question 18

Physical evidence may include objects taken during a robbery or burglary that were found in the possession of the defendant. These objects typically described by:

A) the officer who found them.
B) the prosecutor.
C) the court bailiff.
D) the court custodian of evidence.

Question 19

Once an object is introduced into evidence, the jury may:

A) examine it.
B) consider it part of the facts of the case.
C) hear testimony from someone about the object.
D) All of the above

Question 20

After the prosecution rests:

A) the defense may present evidence in its own behalf.
B) the trial concludes.
C) the judge instructs the jury.
D) the jury may pose questions.

Question 21

The purpose of the opening statement is to outline the evidence that is to be introduced during the trial.

Question 22

Statements made by counsel during opening statements may be considered by the jurors as evidence.

Question 23

The meaning of the term "reasonable doubt"
is easy to define.

Question 24

Because of the right of confrontation most of the evidence presented by the prosecution during a trial will be through the testimony of witnesses.

Question 25

A subpoena and a subpoena duces tecum serve the exact same purpose.

Question 26

Witnesses may be excluded from the courtroom to minimize corroboration of testimony.

Question 27

If a witness does not want to take an oath, the witness may make an affirmation.

Question 28

A witness has a right to not incriminate him or herself.

Question 29

Incriminating questions includes questions which would subject the witness to embarrassment.

Question 30

Leading questions may be asked of a hostile witness during direct examination.

Question 31

A person must be served with a subpoena in order to be a witness.

Question 32

A trial is not a contest between the prosecution and defense.

Question 33

Many defense attorneys believe that it is a mistake to make an opening statement before the prosecution has completed its side of the presentation of the evidence.

Question 34

The lay witness is an individual who has some personal knowledge of the facts of the case derived from personal perceptions, that is, from what was seen, heard, or felt.

Question 35

It is necessary for the prosecution to call every person who has some knowledge about the facts of the case to be a witness.

Question 36

In order that the jury may be informed of both the charge against the defendant and the plea entered, it is the policy of most courts to have the accusatory pleading read to the jury.

Question 37

After the jury has been sworn in and the charge read to them, the defense is the first to present its evidence.

Question 38

During opening statements, the attorneys have considerable latitude in referring to the evidence that he or she plans to introduce during the trial, but these statements are not considered facts of the case.

Question 39

Today, most states have adopted the ________ to Secure the Attendance of Witnesses from without the State in Criminal Cases.

Question 40

The primary purpose for excluding witnesses from the courtroom is to prevent them from trying to ________ the testimony of other witnesses.

Question 41

The questioning of the witness by the side that calls him or her is known as ________ examination.

Question 42

During the direct examination, the attorney may not ask the witness ________ questions.

Question 43

If a witness is declared to be ________, the prosecuting attorney may then ask leading questions.

Question 44

A limited use of leading questions is permitted in the examination of ________, senior citizens, and mentally retarded persons in order to assist them in telling their stories.

Question 45

If a trial judge does not agree with an objection, he or she will ________ the objection, whereupon the witness must answer.

Question 46

The failure of a witness to appear as commanded in a subpoena can bring about ________ charges unless good cause for not appearing can be shown.

Question 47

A(n) ________ is a command by the court to bring books, papers, documents, or other physical evidence to court.

Question 48

The use of the ________ plea received national attention when two sons claimed they had been sexually abused since childhood and therefore found it necessary to kill their mother and father.

Question 49

What are the functions of the opening statement?

Question 50

Explain the differences between lay and expert witnesses.

Question 51

How does direct examination of a witness differ from cross-examination of the witness?

Question 52

How does an attorney impeach a witness?

Question 53

Explain where conflicts arise with using syndromes as justifications and or excuses to criminality.

Question 54

Would there ever be a time when a defendant him/herself would make a closing argument and is there any circumstance where you would recommend that?