Question 1

Completion:
-In some jurisdictions a defendant may plead _____________ and reserve the right to appeal a specific ruling of the trial court.

Accepted Answer

The answer of Completion:
-In some jurisdictions a defendant may plead...

Question 2

Completion:
-A full presidential __________ totally restores any civil rights the recipient of the pardon lost as a result of a conviction and in effect makes the recipient as innocent as if the crime had never been committed.

Accepted Answer

The answer of Completion:
-A full presidential __________ totally restores any...

Question 3

Completion:
-A motion for rehearing before the U.S. Court of Appeals that requests that all judges of the court, and not just those who rendered the decision, participate is called a motion for an _______________________.

Accepted Answer

The answer of Completion:
-A motion for rehearing before the U.S....

Question 4

At the state level a trial judge who is requested to release a convicted defendant pending the defendant's appeal of his or her conviction would be least likely to consider the __________.

Accepted Answer

The judge is primarily concerned with the defendant's likelihood of fleeing or endangering the community if released pending appeal. The ability to attend a family reunion is not relevant to the judge's decision. The other factors listed (respect for the law, length of sentence, ties to family and community) may be relevant to some degree.

Question 5

Completion:
-The Supreme Court has observed that a ____________ error in a criminal trial should be corrected on appeal even the error was not specifically challenged by the appellant when a person's life is at stake.

Accepted Answer

The answer of Completion:
-The Supreme Court has observed that a...

Question 6

Completion:
-A defendant whose conviction has been sustained by a U.S. Court of Appeals may petition the Supreme Court for a writ of _____________.

Accepted Answer

The answer of Completion:
-A defendant whose conviction has been sustained...

Question 7

Completion:
-The Supreme Court said that states must provide counsel to____________________ convicted of felonies who exercise their statutory right to appeal.

Accepted Answer

The answer of Completion:
-The Supreme Court said that states must...

Question 8

A litigant in an appellate court may file a motion to _______________________.

Accepted Answer

A litigant in an appellate court may file a motion for any of the reasons mentioned in options A, B, or C, depending on the circumstances of the case. They may request consolidation of multiple appeals to make the process more efficient, seek dismissal of an appeal if they believe it lacks legal merit, or ask the court to stay a judgment pending resolution of the appeal. Therefore, the best choice is option D, which encompasses all of these possibilities.

Question 9

Completion:
-Article II, Section 2, Clause 1 of the U.S. Constitution states that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of __________________."

Accepted Answer

The answer of Completion:
-Article II, Section 2, Clause 1 of...

Question 10

Completion:
-The principle that an appellate court will reverse a conviction only when the trial record reveals substantial, as distinct from technical, error is known as the doctrine of ___________.

Accepted Answer

The answer of Completion:
-The principle that an appellate court will...

Question 11

Completion:
-The federal statute that reversed the presumption of entitlement to bail pending appeal was the ____________ of 1984.

Accepted Answer

The answer of Completion:
-The federal statute that reversed the presumption...

Question 12

Completion:
-A _________ opinion represents the appellate court as a whole.

Accepted Answer

The answer of Completion:
-A _________ opinion represents the appellate court...

Question 13

Completion:
-Typically, a defendant who pleads __________ at arraignment may appeal only issues relating to the trial court's jurisdiction, voluntariness of the plea, and the legality of the sentence.

Accepted Answer

The answer of Completion:
-Typically, a defendant who pleads __________ at...

Question 14

Completion:
-Requests of counsel to an appellate court seeking additional time to file a law brief or asking for expedited consideration of an appeal are generally effectuated by filing a written _______ with the appellate court.

Accepted Answer

The answer of Completion:
-Requests of counsel to an appellate court...

Question 15

Which ONE of the following statements is INCORRECT?

Accepted Answer

The statement that the constitutional proscription of double jeopardy prevents appeals by the prosecutor of pretrial orders is incorrect. The prohibition on double jeopardy only applies to retrials or multiple prosecutions for the same offense. Prosecutors can appeal pretrial orders, but they cannot appeal after an acquittal has been entered or jeopardy has attached.

Question 16

Which ONE of the following grounds would be the LEAST likely to merit relief in response to a defendant's motion for postconviction relief in a state court?

Accepted Answer

The grounds for relief that would merit the least likelihood of success in a defendant's motion for postconviction relief in a state court would be the option that challenges the sufficiency of the evidence presented at trial. Unless the evidence was so lacking that no rational jury could have convicted the defendant beyond a reasonable doubt, this claim is unlikely to result in relief. The other grounds listed, such as an excessive sentence, the discovery of new exculpatory evidence, or ineffective assistance of counsel, are more likely to result in relief if proven.

Question 17

Completion:
-The U.S. Constitution declares the "[t]he Privilege of the Writ ____________ of shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it."

Accepted Answer

The answer of Completion:
-The U.S. Constitution declares the "[t]he Privilege...

Question 18

Completion:
-An appellate judge who concurs in the decision of the court but who does not support the reasoning process articulated in the court's opinion may file an opinion _______.

Accepted Answer

The answer of Completion:
-An appellate judge who concurs in the...

Question 19

At the U.S. Supreme Court level the "rule of four" refers to which of the following?

Accepted Answer

The "rule of four" refers to the fact that four of the nine justices must agree to place a case on the Supreme Court's docket, or list of cases to be heard. This allows a minority of justices to control the Court's agenda and ensures that cases with significant legal or constitutional issues are heard. The other answer choices are not accurate descriptions of the "rule of four."

Question 20

Completion:
-A public defender or publicly appointed attorney who, after careful review of the trial court record and the applicable law, finds there is no merit to a defendant's appeal from a criminal conviction. The attorney may file an _______________ explaining that the appeal is frivolous, referring to any arguable issues and asking to be released from further representation.

Accepted Answer

The answer of Completion:
-A public defender or publicly appointed attorney...

Quiz 8: Appeal and Postconviction Relief

Completion: -In some jurisdictions a defendant may plead _____________ and reserve the right to appeal a specific ruling of the trial court.

Completion: -A full presidential __________ totally restores any civil rights the recipient of the pardon lost as a result of a conviction and in effect makes the recipient as innocent as if the crime had never been committed.

Completion: -A motion for rehearing before the U.S. Court of Appeals that requests that all judges of the court, and not just those who rendered the decision, participate is called a motion for an _______________________.

At the state level a trial judge who is requested to release a convicted defendant pending the defendant's appeal of his or her conviction would be least likely to consider the __________.

Completion: -The Supreme Court has observed that a ____________ error in a criminal trial should be corrected on appeal even the error was not specifically challenged by the appellant when a person's life is at stake.

Completion: -A defendant whose conviction has been sustained by a U.S. Court of Appeals may petition the Supreme Court for a writ of _____________.

Completion: -The Supreme Court said that states must provide counsel to____________________ convicted of felonies who exercise their statutory right to appeal.

A litigant in an appellate court may file a motion to _______________________.

Completion: -Article II, Section 2, Clause 1 of the U.S. Constitution states that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of __________________."

Completion: -The principle that an appellate court will reverse a conviction only when the trial record reveals substantial, as distinct from technical, error is known as the doctrine of ___________.

Completion: -The federal statute that reversed the presumption of entitlement to bail pending appeal was the ____________ of 1984.

Completion: -A _________ opinion represents the appellate court as a whole.

Completion: -Typically, a defendant who pleads __________ at arraignment may appeal only issues relating to the trial court's jurisdiction, voluntariness of the plea, and the legality of the sentence.

Completion: -Requests of counsel to an appellate court seeking additional time to file a law brief or asking for expedited consideration of an appeal are generally effectuated by filing a written _______ with the appellate court.

Which ONE of the following statements is INCORRECT?

Which ONE of the following grounds would be the LEAST likely to merit relief in response to a defendant's motion for postconviction relief in a state court?

Completion: -The U.S. Constitution declares the "[t]he Privilege of the Writ ____________ of shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it."

Completion: -An appellate judge who concurs in the decision of the court but who does not support the reasoning process articulated in the court's opinion may file an opinion _______.

At the U.S. Supreme Court level the "rule of four" refers to which of the following?