Question 1

A(n) ____ jury is one in which the jury members are so irreconcilably divided in their opinions that they cannot reach a verdict.

Accepted Answer

A hung jury is one where jury members are unable to reach a verdict and are so divided in their opinions that they cannot come to a unanimous decision.

Question 2

What type of evidence may be excluded because it would tend to distract the jury from the main issues of the case, mislead the jury, or cause the jurors to decide the issue on an emotional basis?

Accepted Answer

Prejudicial evidence may be excluded if it has the potential to unfairly influence the jury's decision-making process. This type of evidence may include irrelevant details about a defendant's character, past actions, or personal life that have no bearing on the current case. By excluding prejudicial evidence, the court can ensure that the jury focuses only on the relevant facts and legal issues at hand.

Question 3

Which of the following is true regarding the concept of double jeopardy?

Accepted Answer

Double jeopardy is the legal principle that safeguards an individual from being tried and punished for the same crime twice. The key idea behind double jeopardy is to ensure that once a person has been acquitted or convicted of an offense, they cannot be tried again for the same offense. Therefore, option B is the correct choice. Options A, C, and D are incorrect as they misinterpret or provide inaccurate information about the concept of double jeopardy.

Question 4

The ____ are made by each side's attorney after the cases for the plaintiff and defendant have been presented.

Accepted Answer

Closing arguments are made by each side's attorney after the cases for the plaintiff and defendant have been presented.

Question 5

A(n) ____ witness is one who can truthfully and accurately testify on a fact in question without having specialized training or knowledge.This witness is considered an ordinary witness.

Accepted Answer

Lay witnesses are ordinary witnesses who do not have specialized training or knowledge in a specific field. They can testify on facts that they have personally observed or experienced. Expert witnesses, on the other hand, have specialized knowledge or training in a specific field and are called upon to provide their expert opinion on a matter. Specialized and technical witnesses may refer to experts who have specialized knowledge in a technical or specific area.

Question 6

A defendant can be tried again for the same crime in all of the following circumstances, EXCEPT:

Accepted Answer

A defendant cannot be tried again for the same crime if they have been acquitted, due to the Double Jeopardy Clause in the Fifth Amendment of the U.S. Constitution.

Question 7

In what ways do defense attorneys most commonly defend their clients?

Accepted Answer

Defense attorneys most commonly defend their clients by exposing weaknesses in the prosecutor's case, as this strategy can create reasonable doubt about the defendant's guilt.

Question 8

After the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury.This is called the ____ stage of the trial.

Accepted Answer

The prosecution is allowed to present new evidence during the rebuttal stage of the trial in order to address any new issues or evidence that were brought up by the defense during their case. This allows each side to fully present their case and respond to any arguments made by the opposing party. Cross-examination refers to the questioning of witnesses during the trial, while closing argument is the final argument made by each side before the jury deliberates. Surrebuttal is not a formal stage of the trial.

Question 9

Which of the following is NOT one of the possible affirmative defenses used in a defendant's case?

Accepted Answer

Hearsay is not an affirmative defense, but rather a rule of evidence that prohibits the admission of secondhand statements made outside of court to prove the truth of the matter asserted. Duress, entrapment, and insanity are all affirmative defenses that can potentially excuse or mitigate criminal liability.

Question 10

All of the following statements are true with regards to the defendant's case in a criminal trial EXCEPT:

Accepted Answer

The statement "The defense is required to offer a case during the trial" is false. The defense has the right to choose whether or not to present a case during the trial.

Question 11

An oral or written statement made by an out-of-court declarant that is offered in court by a witness (not the declarant) concerning a matter before the court is referred to as:

Accepted Answer

The answer of An oral or written statement made by...

Question 12

What is the questioning of an opposing witness during trial called?

Accepted Answer

The questioning of an opposing witness during trial is called cross examination, where the lawyer tries to uncover contradictions or inconsistencies in the witness's testimony and challenge their credibility. Option B, direct examination, refers to the questioning of a witness by the lawyer who called them to testify. Option C, hearsay examination, is not a legal term or recognized process. Option D, testimony examination, is too broad and ambiguous to accurately describe the questioning of an opposing witness specifically.

Question 13

Evidence witnessed by the person giving the testimony is:

Accepted Answer

Direct evidence is based on things the witness personally experienced or observed, making it the strongest type of evidence. Real evidence refers to physical objects or documents, but it may not necessarily be witnessed by the person giving the testimony. Circumstantial evidence relies on inference and may be subject to interpretation, while hearsay is second-hand information that may not be reliable or accurate.

Question 14

What is the formal decision rendered by the jury?

Accepted Answer

The formal decision rendered by the jury is the verdict, which is their final decision on whether the defendant is guilty or not guilty of the charges brought against them. The other options listed refer to different legal terms, such as an indictment being a formal accusation of a crime by a grand jury, an information being a formal charging document filed by the prosecutor, and an opinion being a written statement of the judge's reasoning behind a decision.

Question 15

Which amendment contains the "confrontation clause," or the right to cross-examine witnesses?

Accepted Answer

The Sixth Amendment to the United States Constitution contains the "confrontation clause," which guarantees defendants the right to cross-examine witnesses against them.

Question 16

Which type of defense used in a defendant's case includes the submission of evidence that the accused was not at or near the scene of the crime at the time the crime was committed?

Accepted Answer

The defense that includes the submission of evidence that the accused was not at or near the scene of the crime at the time the crime was committed is known as an alibi defense. This is a type of affirmative defense, but the specific term used for this type of defense is the alibi defense. Hearsay defense and prejudicial defense are not relevant to this type of defense.

Question 17

Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney?

Accepted Answer

This type of challenge is known as a peremptory challenge, where an attorney can exclude potential jurors without any reason or cause being provided.

Question 18

During a special conference involving the judge and the trial attorney, the ____, or jury instructions, are prepared.This set of instructions sums up the case and instructs the jurors on the rules of law that apply to the issues in the case.

Accepted Answer

The charge, also known as jury instructions or instructions to the jury, is a set of guidelines provided by the judge that outlines the law applicable to the case and instructs the jurors on how to apply the law to the facts presented. The charge is typically prepared during a special conference involving the judge and the trial attorney.

Question 19

The examination of a witness by the attorney who calls the witness to the stand to testify is called:

Accepted Answer

Direct examination is the examination of a witness by the attorney who called the witness to testify. Cross-examination is when the opposing attorney questions the witness, rebuttal examination is when the calling attorney questions a witness again after the opposing attorney questions them, and surrebuttal examination is when the opposing attorney questions the witness again after the calling attorney's rebuttal examination.

Question 20

What type of evidence tends to prove or disprove a fact in question?

Accepted Answer

Relevant evidence is the best type to prove or disprove a fact in question as it directly relates to the issue at hand. Circumstantial evidence may suggest a fact but does not directly prove it, prejudicial evidence may be unfairly biased, and real evidence may not necessarily relate directly to the issue in question.

Quiz 8: Pretrial Procedures and the Criminal Trial