Question 1

The U.S. Constitution guarantees a right to a jury trial in:
A) the First Amendment
B) the Fourth Amendment
C) the Fifth Amendment
D) the Seventh Amendment
E) none of the other choices; the Constitution only guarantees a right to trial, not to a jury

Accepted Answer

The Seventh Amendment guarantees the right to a trial by jury in civil cases.

Question 2

Voir dire is:
A) the defendant's response to the plaintiff
B) the process used to select attorneys
C) the defendant's claims against the plaintiff
D) the plaintiff's claims against the defendant
E) none of the other choices are correct

Accepted Answer

Voir dire is a legal procedure used during jury selection where attorneys question prospective jurors to determine their suitability for jury service. It is not related to claims between parties or the selection of attorneys.

Question 3

In the federal courts the right to a jury trial is guaranteed:
A) in all cases
B) only in criminal cases, not in civil cases
C) only in civil cases, not in criminal cases
D) in common law cases in which over $20 is in dispute
E) in no cases; juries are only used in state courts

Accepted Answer

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in federal civil cases where the amount in controversy exceeds $20.

Question 4

The right to a jury trial:
A) must be exercised in all cases
B) does not have to be exercised
C) can only be exercised if both the plaintiff and defendant agree
D) can only be exercised by the defendant
E) none of the other choices are correct

Accepted Answer

The right to a jury trial is a constitutional right, but the decision to exercise that right is ultimately up to the defendant. A defendant may waive their right to a jury trial and instead request a bench trial (where the judge decides the verdict) or a plea bargain. Therefore, it does not have to be exercised.

Question 5

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the:
A) state decisis statements
B) closing statements
C) opening statements
D) voir dire statements
E) none of the other choices are correct

Accepted Answer

Opening statements are the first opportunity for attorneys to address the jury and provide an overview of their case. They can explain their client's viewpoint, introduce witnesses, and provide a roadmap for the trial.

Question 6

The right to a jury trial:
A) must be exercised in all cases
B) can only be exercised by the plaintiff
C) can only be exercised if both the plaintiff and defendant agree
D) can only be exercised by the defendant
E) none of the other choices are correct

Accepted Answer

The right to a jury trial does not have to be exercised in all cases, and it is not limited to either the plaintiff or defendant exclusively. Both parties have the right to request a jury trial in civil cases, and in criminal cases, the defendant has the right to a jury trial. The statement that it can only be exercised if both parties agree is also incorrect. Therefore, none of the other choices accurately describe the conditions under which the right to a jury trial can be exercised.

Question 7

The U.S. Constitution guarantees a right to a jury trial in:
A) the First Amendment
B) the Fourth Amendment
C) the Fifth Amendment
D) the Sixth Amendment
E) the Eighth Amendment

Accepted Answer

The Sixth Amendment guarantees the right to a jury trial in criminal cases.

Question 8

At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position.
A) state decisis statements
B) closing statements
C) pre-trial statements
D) voir dire statements
E) none of the other choices are correct

Accepted Answer

At the beginning of a trial, both lawyers make opening statements, not any of the options provided. Opening statements outline the crucial facts and how they intend to prove those facts to support their position.

Question 9

The screening process used to select jury members is called:
A) adverse selection
B) voir dire
C) summary selection
D) venue
E) sequestering

Accepted Answer

Voir dire is the process of questioning potential jurors to determine their impartiality and suitability for serving on a particular trial. Adverse selection refers to a situation where one party can choose jurors who are more likely to be sympathetic towards them. Summary selection and venue are not related to the screening process for jury members. Sequestering refers to the process of isolating jurors from outside influences during a trial.

Question 10

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:
A) dire voir
B) stare decisis
C) voir dire
D) decisis stare
E) strict questioning

Accepted Answer

The process described is called "voir dire." Option A ("dire voir") is a misspelling, Option B ("stare decisis") refers to the doctrine of following legal precedent, Option D ("decisis stare") is a misspelling, and Option E ("strict questioning") is not a commonly used term for this process.

Question 11

The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are all factors that affect:
A) the decision to request a jury trial
B) the decision to go to trial
C) the choice of attorney
D) the length of the trial
E) the tone of the trial

Accepted Answer

These factors are considered when deciding whether to request a jury trial, as they can influence how a jury might perceive and decide a case.

Question 12

At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position.
A) opening statements
B) closing statements
C) pre-trial statements
D) voir dire statements
E) state decisis statements

Accepted Answer

Opening statements are made by both lawyers at the beginning of a trial. It is a statement that outlines the crucial facts and how they plan to prove those facts to support their position. The other options listed do not accurately describe the statements made at the beginning of a trial.

Question 13

During voir dire for a trial against MaryElise the opposing party's attorney finds that Jenny, one of the potential jurors, went to high school with MaryElise. The attorney challenges Jenny. Jenny will be rejected from the jury if the attorney can:
A) persuade the judge that Jenny will not help the case
B) persuade the judge that Jenny may be biased
C) persuade the judge that she does not like Jenny
D) persuade the judge to cancel the trial
E) persuade the judge that Jenny is not biased

Accepted Answer

The opposing party's attorney can challenge Jenny if they perceive that she may be biased towards MaryElise due to their shared high school experience. This is called a challenge for cause, and the attorney must convince the judge that Jenny's potential bias would affect her ability to be fair and impartial in the case.

Question 14

Opening statements give lawyers the opportunity to:
A) explain their clients' view of the case to the jury
B) tell the jury who the witnesses will be
C) provide a roadmap of the trial
D) all of the other specific choices are correct
E) none of the other specific choices are correct

Accepted Answer

Opening statements allow lawyers to explain their client's view of the case to the jury, tell the jury who the witnesses will be, and provide a roadmap of the trial. Therefore, all of the other specific choices are correct.

Question 15

The screening process used to select jury members is called:
A) adverse selection
B) sequestering
C) summary selection
D) venue
E) none of the other choices

Accepted Answer

The screening process used to select jury members does not match any of the terms provided in options A through D. Adverse selection refers to a situation in insurance and economics where there is asymmetric information between buyers and sellers. Sequestering is the act of isolating the jury from outside influences during a trial. Summary selection is not a recognized term in this context. Venue refers to the location where a trial is held, not the process of selecting jury members.

Question 16

During the selection of a jury from the jury pool, attorneys:
A) are usually allowed to reject some jurors without any reason
B) may insist on a jury with 12 jurors
C) may reject any potential juror without restriction
D) may request to meet with potential jurors in private
E) none of the other choices are correct

Accepted Answer

Attorneys are usually allowed to use peremptory challenges, which allow them to excuse potential jurors without giving any reason. However, there are limits to the number of peremptory challenges that can be used. It is also important to note that attorneys cannot use peremptory challenges to discriminate on the basis of race or gender.

Question 17

Voir dire is:
A) the process used to select jury members
B) the process used to select attorneys
C) the defendant's claims against the plaintiff
D) the plaintiff's claims against the defendant
E) the defendant's response to the plaintiff

Accepted Answer

Voir dire is a legal term used to describe the process of selecting potential jurors in a trial. During voir dire, the judge and attorneys question potential jurors to determine if they are suitable for serving on the jury. The purpose of voir dire is to ensure an unbiased jury is selected for the trial.

Question 18

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:
A) dire voir
B) stare decisis
C) relative questioning
D) decisis stare
E) none of the other choices are correct

Accepted Answer

The answer of The process by which judges or attorneys...

Question 19

Both the Sixth and Seventh Amendments to the U.S. Constitution:
A) provide for the right to a jury in certain cases
B) provide for the right to an attorney in certain cases
C) provide stare decisis
D) provide habeus corpus
E) none of the other choices are correct

Accepted Answer

The Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury in criminal cases, while the Seventh Amendment guarantees the right to a jury trial in certain civil cases. This makes option A correct as both amendments provide for the right to a jury in certain cases.

Question 20

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the:
A) state decisis statements
B) closing statements
C) pre-trial statements
D) voir dire statements
E) none of the other choices are correct

Accepted Answer

Attorneys present their clients' perspectives, outline the witnesses, and provide a trial roadmap during opening statements, which is not listed among the provided options.

Quiz 3: Trials and Resolving Disputes

The U.S. Constitution guarantees a right to a jury trial in:

Voir dire is:

In the federal courts the right to a jury trial is guaranteed:

The right to a jury trial:

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the:

The right to a jury trial:

The U.S. Constitution guarantees a right to a jury trial in:

At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position.

The screening process used to select jury members is called:

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:

The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are all factors that affect:

At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position.

During voir dire for a trial against MaryElise the opposing party's attorney finds that Jenny, one of the potential jurors, went to high school with MaryElise. The attorney challenges Jenny. Jenny will be rejected from the jury if the attorney can:

Opening statements give lawyers the opportunity to:

The screening process used to select jury members is called:

During the selection of a jury from the jury pool, attorneys:

Voir dire is:

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:

Both the Sixth and Seventh Amendments to the U.S. Constitution:

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the: