Question 1

A judicial order that commands a correctional official tobring a prisoner before a federal court sothat the court can hear the person's claim that he or she is being held illegally is: ​

Accepted Answer

Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. It literally means "you shall have the body" in Latin, referring to the requirement for the person detained to be brought before the court or judge.

Question 2

What is the formal decision rendered by the jury? ​

Accepted Answer

A verdict is the formal decision or finding made by a jury, reported to the court, and accepted by it.

Question 3

A(n)_____witness is one whocan truthfully and accurately testify on a fact in question without having specialized training or knowledge.​

Accepted Answer

A lay witness is someone who can provide testimony in a trial based on their personal knowledge and observation, without needing specialized training or expertise.

Question 4

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; it is a rule related to the admissibility of evidence in court, specifically barring the use of secondhand testimony under most circumstances. Affirmative defenses like duress, entrapment, and insanity involve the defendant admitting to the act but claiming they should not be held fully responsible due to special circumstances.

Question 5

A(n)_____is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

Accepted Answer

An appeal is specifically the process where a case is brought before a higher court to review the decision of a lower court, with the aim of altering or confirming the lower court's judgment.

Question 6

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, summarizing the evidence and attempting to persuade the jury or judge.

Question 7

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

Accepted Answer

A hung jury is one where the members are so divided in their opinions that they cannot reach a unanimous verdict, leading to a mistrial.

Question 8

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

Accepted Answer

Double jeopardy refers to the principle that a person cannot be tried again for the same crime in the same jurisdiction if they have already been acquitted or convicted. This protection is actually found in the Fifth Amendment of the U.S. Constitution, not the Sixth.

Question 9

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

Accepted Answer

An alibi defense involves evidence that the defendant was somewhere else at the time the crime occurred, making it impossible for them to have committed the crime.

Question 10

The prohibition against double jeopardy is provided for in the: ​

Accepted Answer

The Fifth Amendment to the United States Constitution contains the clause against double jeopardy, which protects an individual from being prosecuted twice for the same offense.

Question 11

The examination of a witness by the attorney whocalls the witness tothe stand totestify is called: ​

Accepted Answer

Direct examination is the initial questioning of a witness by the party who called the witness to testify. This phase allows the witness to provide their testimony related to the case.

Question 12

The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NoT one of those types of information? ​

Accepted Answer

Expert witnesses are allowed to base their testimony on facts or data they personally know, material presented at the trial, and secondhand information given to them outside the courtroom, as long as it's the type of information reasonably relied upon by experts in their field. However, offering opinions about the defendant based on their expert knowledge is not a standard basis for expert testimony, as their role is to provide objective, specialized knowledge to help the trier of fact understand evidence or determine a fact in issue, not to give personal opinions about parties involved in the case.

Question 13

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
At which step leading up tothe criminal trial will the judge make the decision toset bail or order Andrew toremain in jail awaiting his trial? ​

Accepted Answer

The decision to set bail or order a defendant to remain in jail awaiting trial is typically made during the initial appearance, which is the first court appearance of the defendant.

Question 14

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
A judge denying Andrew bail because he is fearful that Andrew will commit a crime if released before trial is known as: ​

Accepted Answer

Preventive detention refers to the practice of holding a defendant in jail before trial because there is a fear that the defendant will commit a crime if released.

Question 15

Evidence witnessed by the person giving the testimony is: ​

Accepted Answer

Direct evidence is evidence that directly proves a fact, without the need for any inference or presumption, and includes what a witness directly observed or experienced.

Question 16

What type of evidence tends toprove or disprove a fact in question? ​

Accepted Answer

Relevant evidence is the type of evidence that tends to prove or disprove a fact in question, as it directly relates to the matter being considered.

Question 17

Towhom is the appeals process available? ​

Accepted Answer

D  The appeals process is available to both the defense and the prosecutor, allowing them to challenge a court decision.

Question 18

​After the defense closes its case, the prosecution is permitted tobring new evidence forward that was not used during its initial presentation tothe jury. This is called the______stage of the trial.

Accepted Answer

The rebuttal stage allows the prosecution to present new evidence in response to the defense's case, aiming to counter or disprove the defense's arguments or evidence.

Question 19

Which of the following is NoT one of the decisions that can be made in a higher court in its disposition through the appeals process?

Accepted Answer

Higher courts in the appeals process do not decide guilt or innocence; they review the lower court's application of law. Decisions typically involve modifying, remanding, or reversing the lower court's decision.

Question 20

Which amendment contains the "confrontation clause," or the right tocross-examine witnesses?c ​

Accepted Answer

The Sixth Amendment contains the "confrontation clause," which guarantees the right of a defendant in a criminal case to confront and cross-examine witnesses against them.

Quiz 8: Pretrial Procedures and the Criminal Trial

A judicial order that commands a correctional official tobring a prisoner before a federal court sothat the court can hear the person's claim that he or she is being held illegally is:

What is the formal decision rendered by the jury?

A(n) _____witness is one whocan truthfully and accurately testify on a fact in question without having specialized training or knowledge.

Which of the following is NoT one of the possible affirmative defenses used in a defendant's case?

A(n) _____is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

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

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

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

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

The prohibition against double jeopardy is provided for in the:

The examination of a witness by the attorney whocalls the witness tothe stand totestify is called:

The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NoT one of those types of information?

Evidence witnessed by the person giving the testimony is:

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

Towhom is the appeals process available?

After the defense closes its case, the prosecution is permitted tobring new evidence forward that was not used during its initial presentation tothe jury. This is called the______stage of the trial.

Which of the following is NoT one of the decisions that can be made in a higher court in its disposition through the appeals process?

Which amendment contains the "confrontation clause," or the right tocross-examine witnesses?c

Quiz 8: Pretrial Procedures and the Criminal Trial

A judicial order that commands a correctional official tobring a prisoner before a federal court sothat the court can hear the person's claim that he or she is being held illegally is: ​

What is the formal decision rendered by the jury? ​

A(n) _____witness is one whocan truthfully and accurately testify on a fact in question without having specialized training or knowledge.​

Which of the following is NoT one of the possible affirmative defenses used in a defendant's case? ​

A(n) _____is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

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

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

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

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

The prohibition against double jeopardy is provided for in the: ​

The examination of a witness by the attorney whocalls the witness tothe stand totestify is called: ​

The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NoT one of those types of information? ​

Evidence witnessed by the person giving the testimony is: ​

What type of evidence tends toprove or disprove a fact in question? ​

Towhom is the appeals process available? ​

​After the defense closes its case, the prosecution is permitted tobring new evidence forward that was not used during its initial presentation tothe jury. This is called the______stage of the trial.

Which of the following is NoT one of the decisions that can be made in a higher court in its disposition through the appeals process?

Which amendment contains the "confrontation clause," or the right tocross-examine witnesses?c ​

A judicial order that commands a correctional official tobring a prisoner before a federal court sothat the court can hear the person's claim that he or she is being held illegally is:

What is the formal decision rendered by the jury?

A(n) _____witness is one whocan truthfully and accurately testify on a fact in question without having specialized training or knowledge.

Which of the following is NoT one of the possible affirmative defenses used in a defendant's case?

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

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

The prohibition against double jeopardy is provided for in the:

The examination of a witness by the attorney whocalls the witness tothe stand totestify is called:

The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NoT one of those types of information?

Evidence witnessed by the person giving the testimony is:

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

Towhom is the appeals process available?

After the defense closes its case, the prosecution is permitted tobring new evidence forward that was not used during its initial presentation tothe jury. This is called the______stage of the trial.

Which amendment contains the "confrontation clause," or the right tocross-examine witnesses?c