Question 1

The jury is authorized to enter a sentence against a defendant who has been found guilty.

Accepted Answer

The jury is responsible for determining the guilt or innocence of a defendant, but it is the judge who typically enters the sentence.

Question 2

At the conclusion of the defense case,the prosecution may be given the opportunity to dispute any of the claims raised by the defense.This is called

Accepted Answer

Rebuttal allows the prosecution to address any points raised by the defense during their case, providing a chance to dispute or clarify any issues. Re-direct examination is used by the defense to clarify or explain issues raised in cross-examination. A motion for directed verdict is a request for immediate acquittal by the defense, before the prosecution presents their case. Cross-examination is a process where an attorney asks questions to a witness to challenge their testimony. None of these choices accurately describe the prosecution's opportunity to dispute defense claims at the end of the defense case.

Question 3

The term used to describe the process of calling a witness to the stand,swearing that witness in,and asking that witness questions is

Accepted Answer

The process described in the sentence is known as direct examination, where the attorney for the party who called the witness asks them questions to elicit testimony relevant to the case. The other options, questioning, cross-examination, and impeachment, involve different stages of the witness examination process in a trial.

Question 4

A motion made by the defense that comes at the conclusion of the state's case and requests a dismissal of the case is the

Accepted Answer

A motion for directed verdict is made by the defense at the conclusion of the state's case and argues that the prosecution did not present enough evidence to support a conviction. This is different from a motion to dismiss, which typically precedes the start of the trial and is based on legal technicalities rather than evidence presented. A motion for continuance asks for a delay in the trial proceedings, and a Giglio motion is a request for disclosure of exculpatory evidence related to the credibility of prosecution witnesses.

Question 5

The term used to describe the process of asking a witness questions about a piece of evidence to show the relevance of the evidence to an issue in the case is called

Accepted Answer

Laying the foundation refers to the process of establishing a basis for admitting evidence in court. In this case, it involves asking a witness questions to show how a piece of evidence is relevant to an issue in the case. Building up the evidence refers to presenting additional evidence to strengthen an argument, but it doesn't necessarily involve asking questions to establish relevance. Checking the sources refers to verifying the accuracy of information or evidence, but it's not specifically related to questioning a witness. Case-in-chief refers to the presentation of the party's main arguments and evidence in a trial, but again, it's not specifically related to laying the foundation or asking questions about evidence.

Question 6

As a general rule,the government has twice as many strikes as does the defendant.

Accepted Answer

In the context of legal rights and proceedings, both the government (prosecution) and the defendant are typically afforded an equal number of peremptory challenges (strikes) in jury selection, though the exact number can vary by jurisdiction and case type.

Question 7

Once the trial is over,the jurors are free to discuss the case with anyone.

Accepted Answer

Once the trial is over, the jurors are free to discuss the case with anyone. However, some courts may issue specific instructions to jurors, limiting their ability to discuss the case or imposing a gag order.

Question 8

When a panel member is removed from the jury selection process because he or she has some legally recognized bias against the defendant,this is called

Accepted Answer

A challenge for cause is when a panel member is removed from the jury selection process because he or she has some legally recognized bias against the defendant. Peremptory challenge is a discretionary right in jury law for the attorneys to reject a certain number of potential jurors without stating a reason. Alternate juror refers to a juror who sits through a trial but does not participate in the deliberation unless one of the original jurors was removed. Jury tampering refers to the act of attempting to influence the jury outside of legal means, which is illegal.

Question 9

When evidence has been "admitted," this means

Accepted Answer

When evidence has been "admitted," it means that it has been deemed admissible by the judge and can be presented to the jury. Therefore, the correct answer is D - that the jury may see it.

Question 10

Another term for jury selection is

Accepted Answer

Voir dire is the process of jury selection where potential jurors are questioned by the judge and attorneys to determine their suitability for jury service. Grand jury refers to a group of citizens who determine whether there is probable cause to bring charges against an individual, and is not involved in the selection of a trial jury. Respondeat superior is a legal doctrine that holds employers responsible for the actions of their employees, and is not related to jury selection. Case-in-chief refers to the presentation of evidence and arguments by each side in a trial, and is also not related to jury selection.

Question 11

Peremptory challenges allow attorneys to remove people from the panel for any reason,except a discriminatory one.

Accepted Answer

Peremptory challenges can be used for any reason, except for discriminatory reasons such as race, gender, or religion.

Question 12

Normally,the jury is not given a written copy of the jury instructions.

Accepted Answer

It is common practice for the judge to read the instructions to the jury orally during the trial, rather than providing a written copy. However, some jurisdictions may allow the jury to take written copies of the instructions with them during deliberation.

Question 13

When the jury reaches its conclusion,this is called the sentence.

Accepted Answer

The conclusion reached by the jury is called the verdict, not the sentence. The sentence is the punishment given to the defendant by the judge after the verdict is reached.

Question 14

When the attorneys address the jury at the beginning of the trial and discuss what the evidence will show,this is called the

Accepted Answer

The discussion of what the evidence will show at the beginning of a trial is called the opening statement. This is where attorneys present their theory of the case and what they believe the evidence will prove. The opening argument is a broader term that encompasses both the opening and closing statements, while the closing statement is the final statement made by attorneys at the end of the trial, and the closing argument is the overall argument made by attorneys at the end of the trial.

Question 15

The name for the process of challenging the government's (and the defendant's)use of jury strikes in a racially based manner and named for the U.S.Supreme Court case where the principle was developed is

Accepted Answer

The process of challenging the government's (and the defendant's) use of jury strikes in a racially based manner is called the Batson challenge. It is named after the U.S. Supreme Court case Batson v. Kentucky (1986), where the principle was established. The other options are not related to this process.

Question 16

Jury sequestration is common in most trials.

Accepted Answer

Jury sequestration is relatively rare and is typically reserved for only the most high-profile or sensitive cases where there is a significant concern about jurors being influenced by external factors.

Question 17

During closing arguments,the attorney can argue unreasonable or illogical conclusions about what the evidence shows.

Accepted Answer

During closing arguments, attorneys have some latitude to argue their own interpretation of the evidence presented to the jury, even if it may seem unreasonable or illogical to others. This is part of their advocacy for their client's case. However, they are also bound by ethical rules and cannot misrepresent the evidence or knowingly make false statements.

Question 18

Before the jurors retire to deliberate,the bailiff will instruct them what the law of the case is.

Accepted Answer

It is the judge's responsibility to instruct the jurors on the law applicable to the case before they retire to deliberate, not the bailiff's.

Question 19

Which of the following will automatically disqualify someone from jury service in a particular case?

Accepted Answer

The answer of Which of the following will automatically disqualify...

Quiz 13: The Trial