Question 1

Voir dire refers to ________.

Accepted Answer

Voir dire is the process of questioning potential jurors to determine whether they will be able to render an unbiased opinion in the case.

Question 2

Which of the following statements is true about jury selection?

Accepted Answer

Race-based and gender-based peremptory challenges are prohibited by the Supreme Court to prevent discrimination and ensure a fair trial. This applies to both criminal and civil cases, ensuring that jury selection is not influenced by biases related to a potential juror's race or gender.

Question 3

In a trial by jury, ________.

Accepted Answer

In a trial by jury, the judge confers with the attorneys and draws up instructions for the jury before they deliberate. The judge's vote is not used to arrive at the verdict and the judge is not considered the factfinder. The conference on jury instruction is held before the closing arguments.

Question 4

Which of the following statements is true about a motion for a directed verdict?

Accepted Answer

A motion for a directed verdict can indeed be filed by either party after the presentation of the defendant's case. This motion asks the judge to rule in favor of the party making the motion on the grounds that the opposing party has not presented sufficient evidence to support their case.

Question 5

Petit juries ________.

Accepted Answer

Petit juries, also known as trial juries, consist of 6 to 12 citizens and are used in both criminal and civil cases. However, they can be waived off by both parties to a case if they agree to a bench trial or arbitration. Option A is incorrect as petit juries typically consist of 6 to 12 jurors, not 13 to 24. Option B is incorrect as petit juries are used in both criminal and civil cases. Option D is incorrect as some states allow verdicts to be reached by a majority vote rather than a unanimous decision.

Question 6

Which of the following statements is true about a jury selection service?

Accepted Answer

The answer of Which of the following statements is true...

Question 7

Federal court judges ________.

Accepted Answer

Federal court judges are nominated by the president and confirmed by the Senate, with no election involved. The American Bar Association may provide evaluations of the nominees, but this does not determine their nomination or confirmation. Federal judges serve lifetime appointments, rather than definite terms that vary by state.

Question 8

Which of the following statements is true about pleadings?

Accepted Answer

Plaintiffs are allowed to file a reply to a defendant's counterclaim. This reply is called an answer to the counterclaim and is similar to a defendant's answer to the original complaint. This allows the plaintiff to respond to any new allegations or claims made by the defendant in the counterclaim. Option A is incorrect because informal negotiations can be held before or after the pleadings have been served. Option B is incorrect because counterclaims can also contain claims or allegations against the plaintiff. Option C is incorrect because a motion to dismiss can be filed by either party, not just the plaintiff.

Question 9

A shadow jury ________.

Accepted Answer

A shadow jury is a group of individuals who observe a trial and provide feedback to the lawyers on their case. They are not selected through voir dire and are not involved in the actual trial proceedings. They are chosen specifically to provide feedback on how the actual jury may view the evidence and arguments presented in the case.

Question 10

Which of the following is a criticism of the adversarial system of litigation in the United States?

Accepted Answer

One criticism of the adversarial system of litigation in the United States is that it heavily relies on the skills of the representing attorney, which can lead to unequal outcomes for parties who cannot afford the best legal representation. The lack of a neutral factfinder (A), only allowing arguments from the defendant's side (B), and only allowing evidence from the plaintiff (D) are not accurate descriptions of the adversarial system.

Question 11

A mock jury ________.

Accepted Answer

A mock jury is typically assembled by legal professionals to mirror the demographics of an actual jury in a case. This is done to simulate a trial's outcome by having the mock jury deliberate on the evidence presented. Choices B, C, and D describe aspects of actual jury selection and participation, not mock juries.

Question 12

Which of the following statements is true of a jury?

Accepted Answer

A grand jury convenes to decide whether enough evidence exists to try the defendant. The other options given are not accurate statements about juries.

Question 13

Which of the following statements is true about the steps followed in a civil litigation before the trial begins?

Accepted Answer

Depositions can be used if there is cause to believe that a witness may die before trial. This is because depositions are taken under oath, and can be used in court as evidence if the witness is unavailable to testify in person during the trial.

Option A is incorrect because only one party needs to file a request for information to obtain deposition transcripts.

Option B is incorrect because it is rare for both parties to come to an agreement on damages before trial.

Option D is incorrect because a motion to dismiss is typically filed by the defendant, not the plaintiff, and it is up to the judge to decide whether to grant it.

Question 14

Questions of fact are ________.

Accepted Answer

Questions of fact are concerned with what actually happened in a situation or event, and are typically resolved through evidence presented during trial. The judge or jury evaluates the evidence presented and makes a determination of what occurred. Questions of law, on the other hand, relate to how the law should be applied to a particular set of circumstances.

Question 15

Which of the following statements is true about the discovery stage in a trial?

Accepted Answer

During the discovery stage of a trial, both parties can be subjected to physical and mental examinations, known as medical examinations. This is particularly relevant in cases where the plaintiff is seeking damages for physical or mental injury. Interrogatories are written questions posed by one party to the other party in the lawsuit, which must be answered under oath. Cross-examination of potential jurors occurs during voir dire, which is conducted during the jury selection process prior to the trial.

Question 16

Which of the following statements is true about pretrial motions?

Accepted Answer

In forma pauperis is a motion to proceed without payment of fees. Option A is incorrect because a motion is a request made to the court for a specific order or ruling. Option C is incorrect because the judge may choose to hold a hearing or may deny the motion without a hearing. Option D is incorrect because a motion to dismiss is typically filed to challenge the sufficiency of the opposing party's claim or to argue that the court lacks jurisdiction.

Question 17

Judicial review refers to ________.

Accepted Answer

Judicial review is the power of the courts to review and potentially invalidate governmental actions, including laws and regulations, that violate the Constitution. This power is essential to ensuring that the other branches of government do not overstep their constitutional bounds. Option B refers to federal question jurisdiction, option C refers to the process of trial, and option D refers to the power of appellate courts.

Question 18

Which of the following statements is true about a defendant's case?

Accepted Answer

The plaintiff's attorney is entitled to cross-examine the defendant's witnesses as part of due process and the right to confront witnesses. Option B is incorrect because a defendant can present their case even if a motion for a directed verdict is not granted. Option C is incorrect because the defendant's attorney is allowed to conduct redirect examinations on the witnesses. Option D is incorrect because the defendant's case is presented before the conference on jury instruction.

Question 19

Mathew fits the demographic profile of one of the members of an actual jury in a case. He is approached by a jury selection service to be a part of a shadow jury. In this scenario, which of the following statements is true?

Accepted Answer

If Mathew accepts the offer to join a shadow jury, he will have to deliberate and provide feedback at the end of each day. This is the usual practice for shadow jurors who are expected to observe the proceedings of an actual trial and provide feedback to their sponsor or client. However, the other statements are not necessarily true. Mathew may not be the only juror in the shadow jury, depending on the size of the group. He may or may not be rejected by the opposing counsel during voir dire, as this will depend on various factors, including his background and responses to questions during the selection process. Finally, Mathew may or may not be allowed to directly interact with the lawyers of the case, depending on the rules and procedures governing the shadow jury program.

Question 20

An indictment is ________.

Accepted Answer

An indictment is a formal accusation of the commission of a crime, made before a defendant can be tried for the crime. It is issued by a grand jury, based on evidence presented by a prosecutor, and lays out the charges against the defendant.

Quiz 3: The American Legal System