Question 1

Should a judge determine an attorney's opening statement grossly improper, which of the following is the most extreme response available to the judge?

Accepted Answer

If a judge determines an attorney's opening statement to be grossly improper, the most extreme response available to the judge would be to declare a mistrial. This means that the trial would be stopped and a new trial with a different jury would have to take place at a later date. The other options (instructing the jury to ignore the statement, excluding evidence, or dismissing charges) would not necessarily be appropriate or proportional responses to an improper opening statement.

Question 2

Discovery is used primarily to ensure that the defense is aware of all _____.

Accepted Answer

C

Question 3

In which case did the U.S. Supreme Court set the precedent that the Due Process Clause prohibits states from "invidiously discriminating on the basis of race?"

Accepted Answer

B

Question 4

Which of the following does not occur at an arraignment?

Accepted Answer

The answer of Which of the following does not occur...

Question 5

Of the proposed methods for responding to an unruly defendant in Illinois v. Allen, which did the Supreme Court state should be used as a last resort for fear of prejudicing the jury against the defendant?

Accepted Answer

The Supreme Court in Illinois v. Allen stated that binding and gagging the defendant should be used as a last resort because it could prejudice the jury against the defendant.

Question 6

The U.S. Supreme Court has held that while states are not required to use juries of 12 members, any jury must have at least _____ members.

Accepted Answer

The U.S. Supreme Court has held that any jury must have at least 6 members, but states are not required to use juries of 12 members.

Question 7

Which discriminatory factor has been used most often by the courts to establish legal rules regarding voir dire?

Accepted Answer

Race has been the discriminatory factor most often used by courts to establish legal rules regarding voir dire. This is because racial discrimination in jury selection has been a significant issue throughout U.S. history, and courts have implemented various rules and procedures to prevent it.

Question 8

At which point does double jeopardy attach during a jury trial?

Accepted Answer

Double jeopardy attaches in a jury trial once the jury is sworn in, meaning the defendant cannot be tried again for the same offense after this point.

Question 9

In which plea does the defendant refuse to contest the charges?

Accepted Answer

The plea Nolo contendere, also known as a plea of no contest, means that the defendant does not admit guilt but will not contest the charges. This plea has the same legal effect as a guilty plea, but the defendant avoids admitting guilt and any civil liability that may come with it.

Question 10

Should a defendant fear he/she may not be able to obtain a fair trial due to extensive media coverage, he/she would likely file a motion for _____.

Accepted Answer

A motion for a change of venue would request that the trial be moved to a different geographic location in order to find an impartial jury who has not been impacted by the extensive media coverage.

Question 11

The purpose of a preliminary hearing is to _____.

Accepted Answer

The purpose of a preliminary hearing is to determine if there is sufficient evidence to charge the suspect. It is not meant to inform the defendant of the charges, formally indict the suspect or determine if the defense is ready to proceed to trial.

Question 12

Which of the following rights is not found in the Sixth Amendment?

Accepted Answer

Protection from double jeopardy is not found in the Sixth Amendment but rather in the Fifth Amendment. The other options, including confrontation of witnesses, jury trial, and speedy trial, are all part of the Sixth Amendment.

Question 13

The Equal Protection Clause of the Fourteenth Amendment has been interpreted to prohibit the exclusion of individuals from jury service for all but which of the following reasons?

Accepted Answer

Age is the only answer that is not explicitly protected by the Equal Protection Clause. However, some states have age limits for jurors, but these limits are usually based on minimum ages rather than maximum ages.

Question 14

Hearsay, though not usually admissible, is allowed in trial if it is deemed _____.

Accepted Answer

The answer of Hearsay, though not usually admissible, is allowed...

Question 15

Which of the following is not typically considered by a court in deciding whether a defendant's right to a speedy trial has been violated?

Accepted Answer

While it is important for a defendant to be aware of their right to a speedy trial, it is not typically considered by a court in deciding whether this right has been violated. The factors that are typically considered include the length of the delay, the reason for the delay, whether the defendant asserted their right to a speedy trial, and the prejudice to the defendant resulting from the delay. The complexity of the case may also be considered, but it is not the only or primary factor. The prosecutorial justification for the delay is also a key factor in determining whether the defendant's right to a speedy trial has been violated.

Question 16

If a grand jury agrees that there is sufficient evidence to charge a suspect, they return a _____.

Accepted Answer

When a grand jury agrees that there is sufficient evidence to charge a suspect, they return a true bill, which is essentially an indictment. A criminal charge is generally filed by a prosecutor in court based on the evidence gathered during an investigation, and a positive indictment and verified account are not commonly used legal terms in this context.

Question 17

In which case did the U.S. Supreme Court hold that potential jurors cannot be peremptorily removed "solely on account of their race"?

Accepted Answer

In Batson v. Kentucky (1986), the U.S. Supreme Court held that it is unconstitutional to use peremptory challenges to remove potential jurors solely on the basis of their race. This decision was aimed at preventing discrimination in jury selection and promoting fairness in the criminal justice system.

Question 18

A grand jury indictment is required to possess all but which of the following?

Accepted Answer

The other choices (A, B, and C) are necessary for a grand jury indictment as they establish the legal elements, intent, and acts of the defendant in committing a crime. However, exculpatory evidence, which is evidence that tends to show the defendant's innocence or disproves the prosecution's case, is not required for a grand jury indictment.

Question 19

In which case did the U.S. Supreme Court hold that grand jury indictments were not required for all criminal cases?

Accepted Answer

The answer of In which case did the U.S. Supreme...

Question 20

Which of the following is not one of the individual interests of a speedy trial identified by the U.S. Supreme Court?

Accepted Answer

The U.S. Supreme Court has not identified the lower possibility that the defendant will jump bail as an individual interest of a speedy trial. The other options relate to the personal hardships and challenges a defendant might face without a speedy trial.

Quiz 13: The Courtroom: The Pretrial and Trial Process