Deck 17: The Trial

Question 1

A trial will always involve a jury.

Answer 1

False

Question 2

The deliberation of the jury takes place in private.
Multiple Choice

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

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 6

Jury questionnaires may contain questions on

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

Question 7

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) a and b
E) none of the above

Question 8

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 9

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

Question 10

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

Question 11

The Constitution prescribes the method of jury selection.

Question 12

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 13

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) a and b
E) all of the above

Question 14

The judge will make the first "opening statement."

Question 15

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
E) a and b

Question 16

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

Question 17

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

Question 18

Preparation for trial is similar to preparation for:

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

Question 19

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 20

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