Deck 6: Pretrial Hearing and Jury Trial

Question 1

What may attorneys achieve when they appear before the judge at a pretrial hearing?

A) Amend the pleadings
B) Obtain admissions of facts
C) Limit the number of expert witnesses
D) All of the above

Answer 1

All of the above

Question 2

What pretrial motion asks the court to prohibit the introduction of prejudicial evidence by the other party?

A) Motion to strike
B) Motion in limine
C) Motion for a more definite statement
D) Motion for order compelling discovery

Answer 2

Motion in limine

Question 3

Who is a master to whom a case may be referred?

A) Appellate court judge
B) Expert witness
C) Lawyer appointed by the court to hear testimony in the case
D) Justice of the U.S. Supreme Court

Answer 3

Lawyer appointed by the court to hear testimony in the case

Question 4

Who is required to attend pretrial hearings?

A) Attorneys for the parties
B) Parties
C) Witnesses
D) Deponents

Question 5

What does "limine" mean in Latin?

A) Pending suit
B) As if against the thing
C) At the threshold
D) To the damage

Question 6

What happens to a report of the pretrial hearing?

A) Published in a newspaper
B) Becomes a part of the case record
C) Mailed to the parties
D) Kept for a judge's use only

Question 7

What Amendment to the U.S. Constitution grants a right to a jury trial in all criminal cases?

A) First
B) Second
C) Fourth
D) Sixth

Question 8

What Article of the U.S. Constitution grants a right to a jury trial in all criminal cases?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 9

What is the role of a petit jury?

A) Issue indictments
B) Determine the facts in a case
C) Determine legal issues in a case
D) Determine standing to sue of the parties

Question 10

The Seventh Amendment guarantees the right to a jury trial in what cases?

A) All civil cases
B) All criminal cases
C) Class actions
D) Any civil case where the value in controversy exceeds $20

Question 11

Before each sitting of the court, the clerk of court sends what order to each city and town within the court's jurisdiction?

A) Writ of attachment
B) Writ of execution
C) Writ of venire facias
D) Writ of certiorari

Question 12

What are people elected to serve as members of a city's legislative body?

A) Alderpeople
B) Legislators
C) Selectpeople
D) Constituents

Question 13

In the traditional method of selecting the venire, under what circumstance may a judge exempt a person from jury duty?

A) It is best for the public interest
B) Jury duty will impose undue hardship of the selected person
C) All of the above
D) None of the above

Question 14

What is the purpose of the one day-one trial method?

A) Provide the courts with juries consisting of fair cross sections of the community
B) Reduce the burden of jury duty on certain classes of citizens
C) All of the above
D) None of the above

Question 15

What is eligibility for a jury service under one day-one trial method?

A) Be 18 years old or older
B) Be an American citizen
C) Speak and understand English
D) All of the above

Question 16

In the Massachusetts system, how often does a new group of jurors appear in the venire?

A) Daily
B) Weekly
C) Biweekly
D) Annually

Question 17

What is included in the process of impaneling the jury?

A) Members of the venire are brought into open court
B) Names of twelve jurors are picked out of the ballot box
C) Chosen jurors take seats in the jury box
D) All of the above

Question 18

What term describes additional impaneled jurors?

A) Optional
B) Alternate
C) Voluntary
D) Elective

Question 19

Who speaks for the group of jurors?

A) Senior juror
B) Foreperson
C) Superior juror
D) Leading juror

Question 20

In some states, how many jurors are impaneled if the case is expected to be lengthy?

A) 26
B) 12
C) 14-16
D) Less than 12

Question 21

Who has the power to send the sheriff out onto the street to obtain bystanders to serve on the jury?

A) Clerk of court
B) Judge
C) Defendant's lawyer
D) Plaintiff's lawyer

Question 22

Who are talesmen and taleswomen?

A) Bystanders chosen by the sheriff to serve on jury
B) Town's administrative authorities
C) Court reporters
D) Expert witnesses

Question 23

What term describes the examination of members of jury?

A) Jury assessment
B) Voir dire
C) Jury analysis
D) Jury evaluation

Question 24

What can be a reason to dismiss a juror?

A) Disinterest in the case
B) Neutral opinion about the case
C) Unbiased opinion about the case
D) Favorable opinion about the case

Question 25

Any juror who does not stand indifferent is replaced by whom?

A) Talesman
B) Taleswoman
C) Another juror from the venire
D) Any citizen qualified to serve on jury

Question 26

Before the trial begins, what opinion about it must a juror have?

A) Indifferent
B) Neutral
C) Unbiased
D) All of the above

Question 27

How is indifference of jurors established during the voir dire?

A) Jurors sign affidavits
B) Jurors are examined under oath
C) Witnesses testify about jurors' moral characters
D) Depositions of jurors are taken

Question 28

What term describes a challenge for the entire jury?

A) Motion to quash the array
B) Motion to quash the venire
C) Motion to quash the jury panel
D) Motion to quash the jury pool

Question 29

What may challenges for cause reveal about jurors?

A) They cannot stand impartial
B) They cannot stand disinterested
C) They cannot stand unbiased
D) All of the above

Question 30

In Batson v Kentucky, what peremptory challenges did the U.S. Supreme Court analyze?

A) Based on race
B) Based on gender
C) Based on ethnicity
D) Based on age

Question 31

During the pretrial hearing stage, attorneys may make different requests to the court.

Question 32

Parties to the case are required to attend pretrial hearings.

Question 33

A report of the pretrial hearing becomes a part of the case's record.

Question 34

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in all civil cases.

Question 35

Article III of the U.S. Constitution grants the right to a jury trial in all criminal cases.

Question 36

In many jurisdictions, civil juries can include minimum 6 and maximum 12 people.

Question 37

Under the traditional method of selecting the venire, there are occupational exemptions from jury service.

Question 38

If jury duty will impose undue hardship on selected persons, they may be exempt by a judge.

Question 39

Under the one day-one trial jury system, citizens 70 years old or older are never exempt from jury duty.

Question 40

Alternate jurors may be chosen separately from regular jurors at the beginning of the trial.

Question 41

The foreperson is never elected by members of the jury.

Question 42

The plaintiff and defendant may stipulate that the jury shall consist of more than 12 persons.

Question 43

Jurors can stay indifferent even if a pretrial publicity caused them to form a strong negative opinion about the case.

Question 44

If a juror is biased, the judge chooses another juror from the venire to replace this person.

Question 45

During the voir dire process, lawyers for either party may challenge any member of the jury panel.

Question 46

All states allow the same number of peremptory challenges.

Question 47

The U.S. Supreme Court has granted a writ of certiorari for a case involving an issue of peremptory challenges.

Question 48

In California, there is an equal number of peremptory challenges for criminal and civil cases.

Question 49

A hearing designed to help the trial judge timely manage the case is a ________ hearing.

Question 50

A motion in ________ is a pretrial motion that may be made to the court during a pretrial hearing.

Question 51

The right to a jury trial in all criminal cases is granted by the ________ Amendment to the U.S. Constitution.

Question 52

If a jury trial is not requested, a jury ________ trial will be held.

Question 53

Under the ________ method of selecting jurors, annually each city and town is required to prepare a list of people eligible for jury duty.

Question 54

Jurors' names are drawn from the ballot box by the ________ of a town.

Question 55

When jurors are ________, they are listed as members of the jury.

Question 56

The presiding member of a jury who speaks for the group is the ________.

Question 57

A challenge to the ________ is a challenge to the entire jury because of some irregularity in the jury selection.

Question 58

During the voir dire, the jurors are examined under ________.

Question 59

Challenges for which no reason needs to be given are called ________ challenges.

Question 60

In Batson v. Kentucky, the U.S. Supreme Court ruled that peremptory challenges cannot be based on ________.

Question 61

Match the terms with their descriptions:

-Batson v. Kentucky

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 62

Match the terms with their descriptions:

-Impaneling the jury

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 63

Match the terms with their descriptions:

-The Seventh Amendment to the U.S. Constitution

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 64

Match the terms with their descriptions:

-Selectpeople

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 65

Match the terms with their descriptions:

-Limine

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 66

Match the terms with their descriptions:

-The Massachusetts system

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 67

Match the terms with their descriptions:

-Pretrial hearing

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 68

Match the terms with their descriptions:

-Relation to a party to the suit

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 69

Match the terms with their descriptions:

-Challenges for cause

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 70

Match the terms with their descriptions:

-"An oath to say what is true"

A) U.S. Supreme Court decision that peremptory challenges based on race are unconstitutional
B) Under this system, there are generally no exemptions from jury duty
C) Process of enrolling the jury to hear the case
D) Any number of these challenges for jurors may be made
E) Hearing before the judge prior to a trial
F) Reason for jurors to be biased
G) People elected to serve as the chief administrative authority of a town
H) Meaning of "voir dire" in law in the Anglo-Norman language
I) Constitutional source granting the right to a jury trial in some civil cases
J) Latin for "at the threshold"

Question 71

Define a pretrial hearing, discuss its importance, and list what may be accomplished at the pretrial hearing.

Question 72

Compare and contrast the traditional method of selecting the venire with the one day-one trial jury system.

Question 73

Define the voir dire process and discuss how indifferent opinions of jurors are established.

Question 74

Define a challenge for cause and a peremptory challenge. Compare and contrast these challenges.

Question 75

Discuss why under the traditional method of jury selection there are occupational exemptions for jury service.

Question 76

Discuss why the right to jury trial is a constitutional right in all criminal cases but not in all civil actions.