Deck 17: The Trial

Question 1

If it appears that there is a bias or other legitimate reason that a person cannot sit as a juror:

A) that person will be excused for cause.
B) that person will be excused with a peremptory challenge.
C) the judge will ask the potential juror to leave the courtroom.
D) the attorneys will discuss the person and make a recommendation to the court.

Answer 1

A

Question 2

What is name of the person who assigns exhibits and labels the evidence during a trial?

A) Court reporter
B) Bailiff
C) Court clerk
D) Magistrate

Answer 2

C

Question 3

What is the name for the trial participant who "reports" every word of the open-court proceedings and may prepare a transcript of the proceedings?

A) Judge
B) Bailiff
C) Court clerk
D) Court reporter

Answer 3

D

Question 4

In closing arguments each attorney will highlight:

A) the problems with the evidence.
B) the importance of the jury.
C) the evidence most favorable to his or her client.
D) All of the above

Question 5

Which of the following persons will not participate in a trial?

A) Judge
B) Plaintiff's attorney
C) Defendant's attorney
D) Jury
E) News media

Question 6

Preparation for trial is similar to preparation for:

A) settlement.
B) discovery.
C) investigation.
D) opening statements.
E) closing arguments.

Question 7

What is another name for the court deputy who is the law enforcement officer assigned to the courtroom?

A) Sheriff
B) Bailiff
C) Court clerk
D) Magistrate

Question 8

Who has the burden of proof in a civil case?

A) The plaintiff
B) The defendant
C) The judge
D) The jury

Question 9

Jury questionnaires may contain questions on:

A) age.
B) race.
C) employment.
D) education.
E) All of the above

Question 10

The judge will decide which jury instructions to give based on:

A) the legal and factual arguments.
B) the overall appropriateness of the instruction.
C) whether sufficient evidence was presented during the trial.
D) recommended or pattern jury instructions for the jurisdiction.
E) All of the above

Question 11

What is the burden of proof in a criminal case?

A) Beyond a shadow of doubt
B) Beyond a reasonable doubt
C) Preponderance of the evidence
D) Clear and convincing evidence

Question 12

What is the formal decision of a jury?

A) Judgment
B) Verdict
C) Appeal
D) Voir dire

Question 13

An opening statement provides:

A) the judge with an overview of the legal issues.
B) the judge with an overview of the factual issues.
C) an initial picture of the case and the evidence that will be presented at trial.
D) an initial argument for the jury.
E) the judge with an opportunity to make the jury familiar with the case.

Question 14

Who is a citizen who decides the facts of a case?

A) Juror
B) Court clerk
C) Bailiff
D) Court reporter

Question 15

After the evidence has been presented by the plaintiff's attorney:

A) the attorney for the defendant may cross-examine any of the witnesses called by the plaintiff.
B) defense counsel may make an opening statement.
C) defense counsel may make any motions regarding suppression of evidence.
D) None of the above

Question 16

What part of a trial includes a summary of the facts, issues, evidence, and conclusions that may be drawn from the evidence where each attorney tries to highlight the evidence most favorable to his or her client?

A) Opening statement
B) Voir dire
C) Closing argument
D) Rebuttal

Question 17

During voir dire, how many challenges for cause does each side have?

A) 3
B) 6
C) 12
D) An unlimited number

Question 18

Who has the burden of proof in a criminal case?

A) The prosecution
B) The defendant
C) The judge
D) The jury

Question 19

When a jury is sequestered:

A) it cannot deliberate more than two weeks.
B) it will be confined to a hotel when it is not deliberating.
C) it cannot ask the court questions.
D) it must not read newspapers.
E) All of the above

Question 20

Closing statements:

A) are limited to a factual summary of the case.
B) include the judge's instructions to the jury.
C) are made by the jury when they announce a verdict.
D) are made by the parties rather than by their attorneys.
E) are final arguments made by the attorneys.

Question 21

The judge will make the first "opening statement."

Question 22

As part of the jury instructions, the judge explains the jury process and the role of the jurors.

Question 23

The process of questioning the jury to determine their suitability to serve on a jury panel is known as _________.

Question 24

Voir dire is the process of questioning the jury to determine their suitability to serve on a jury panel.

Question 25

In a criminal case the burden of proof falls upon the prosecutor.

Question 26

The deliberation of the jury takes place in private.

Question 27

The Constitution prescribes the method of jury selection.

Question 28

The civil standard of a preponderance of the evidence is a ______ standard of proof than beyond a reasonable doubt.

Question 29

A motion for summary judgment requests that the judge decide the case on the legal issues without consideration of the factual issues.

Question 30

During voir dire, each side is allowed an unlimited number of peremptory challenges.

Question 31

In a civil case the burden of proof falls upon the defendant.

Question 32

Each side is allowed a limited number of ______ challenges where the attorney can excuse prospective jurors without stating a reason.

Question 33

The plaintiff usually goes first with giving closing arguments to the jury.

Question 34

In a criminal case, only the prosecutor decides which instructions the judge decides to give the jury.

Question 35

The jury is a group of citizens who decide the facts of the case.

Question 36

The court deputy or ______is the law enforcement officer assigned to the courtroom.

Question 37

The plaintiff will present his or her case in chief through the testimony of various witnesses.

Question 38

A trial will always involve a jury.

Question 39

If a prospective juror shows bias, then that individual is excused for cause.

Question 40

The court ________ assigns exhibit numbers, labels the evidence, and assists the judge as the need arises during the trial.

Question 41

During jury deliberations, under what circumstances should the judge order that the bailiff confiscate cell phones, tablets, and other portable electronic devices of the jurors? What potential problems exist with the use of cell phones, tablets, and other portable electronic devices by jurors during deliberations?

Question 42

Imagine you are working as a paralegal for a law firm that represents the plaintiff in a slip and fall case suing a grocery store for negligence. The lawyer has asked for your help in deciding which voir questions to ask the jury. Draft three specific voir dire questions that you would you suggest the lawyer ask the potential jurors.

Question 43

Explain how a judge decides which jury instructions to give to a jury.

Question 44

The _________ argument is given just prior to the judge instructing the jury.

Question 45

Explain the difference between the burden of proof in a criminal case and the burden of proof in a civil case.

Question 46

The judge may decide to give jury instructions based on the recommended or ______ jury instructions for the jurisdiction.

Question 47

After closing arguments but before jury deliberations, the judge will give ________ to the jury.

Question 48

What is the purpose of a closing argument?

Question 49

The closing argument includes a summary of the ____, issues, evidence, and conclusions
that may be drawn from the evidence.

Question 50

In a criminal case, the prosecutor must prove (1) that a crime was committed and (2) that the evidence shows that the defendant is guilty beyond a __________.