LAW FINAL chapters 8-14

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In Allen v. United States (an "Extra Insights" case), Allen was standing trial for murder when the jury became hopelessly deadlocked. The trial judge called the jury back into the courtroom and did something which Allen did not like but which the appellate court ruled later was OK for the trial judge to do. What did the trial judge do that made Allen so upset? A. he told the jury how he would vote if he was on the jury B. he told the jury that they should take into account Allen's refusal to testify during his trial C. he reminded the jury of certain key points made during trial which the judge thought would help them decide D. he strongly told them that they had a duty to return a verdict and should seriously reconsider their views in an effort to reach a consensus

D. he strongly told them that they had a duty to return a verdict and should seriously reconsider their views in an effort to reach a consensus

Of the classical goals of sentencing, which one tries to convince people that crime is not worth it?

Deterrance

What type of appeals does the U.S. Supreme Court usually hear?

Discretionary appeals

What is the purpose of an appellate court?

Error correction and Policy review

A prosecutor during a trial wishes to introduce into evidence a burglar tool found at the crime scene. He or she typically does so without calling any witness.

False

Anyone charged with any crime has the right to a jury trial.

False

Bail is usually first set at the preliminary hearing.

False

Clients, not lawyers, get to decide what issues to raise on appeal.

False

If a defendant wins an appeal, that defendant necessarily goes free.

False

Juries that remain hung are basically returning a verdict of Anot guilty.

False

Lawyers can freely choose to quit a case anytime until the trial jury is sworn in.

False

Plea bargaining takes place even though the U.S. Supreme Court considers it to be unconstitutional.

False

Thanks to the U.S. Constitution, grand juries are used in all fifty states.

False

The U.S. Constitution has been interpreted to require unanimous verdicts.

False

The USA has a relatively low percentage of its population in prison compared to most countries.

False

The standard of proof is the same in civil trials as it is in criminal trials.

False

Which of these constitutes the first step in appealing a conviction?

Filing post-trial motions

A prison-rules incentive program in which inmates get time knocked off their sentences automatically for each month that they go without a disciplinary write-up is called

Good time

Which of the following would you expect to see speak during appellate oral arguments?

Lawyers

Which of the following is considered to be a secondary legal source?

A law review article

Pre-sentence investigation reports are written by:

A probation officer

In a state that uses indeterminate sentences, who decides precisely when a defendant gets out?

A prole board

What has been the trend during the past few decades with regards to sentencing?

A shift away from indeterminate sentencing towards determinate sentencing

A crazy guy rushes at you with a knife in an attempt to kill you. You pull out your legally concealed gun and shoot him dead. What type of defense do you have? A. A justification defense B. An excuse defense C. Insanity defense D. Mistake defense

A. A justification defense

The small amount of evidence that the prosecution puts on at the preliminary hearing was referred to in the book as: A. A skeleton case B. A starter case C. Quick and dirty justice D. Fast food justice

A. A skeleton case

In State v. Davis (an "Extra Insights" case), Davis was convicted by a Vermont jury of vehicular homicide while DUI. The judge who had earlier participated in plea bargain negotiations (which failed) was the one who presided at trial and sentencing. Why was the appellate court OK with the fact that the judge who did the trial and sentencing was the same who had earlier and unsuccessfully participated in plea bargaining with the defendant? A. Because of the unusual practice in this state of having a stenographer present who recorded the negotiations B. Because the sentence the judge gave was a mandatory sentence with no discretion C. Because this judge was the only judge in the county and there were no other options

A. Because of the unusual practice in this state of having a stenographer present who recorded the negotiations

To open the eyes of a stubborn client to plea bargaining, an attorney will often leave the client to sit and think and wait. This technique is called: A. Chair therapy B. The mind game C. Time out D. Detention

A. Chair therapy

Testimony offered by a witness which still requires the jury to draw a conclusion or infer something is known as :A. Circumstantial evidence B. Irrelevant evidence C. Prejudicial evidence D. Direct evidence

A. Circumstantial evidence

A defense lawyer realizes that a prosecutor in a drunk driving trial involving a vehicle with two adults proved that his client was legally drunk but forgot to establish that the defendant was actually the driver and not the passenger of the vehicle before resting the state's case. This defense lawyer at this point in the trial should move for a: A. Demurrer B. Motion to suppress C. Mistrial D. New trial

A. Demurrer

According to how the term is used in the book, "impeach" means to: A. Discredit or cast doubt upon the testimony of a witness B. Accuse opposing counsel of professional misconduct C. Remove a prosecutor from office D. Lie on the stand while under oath

A. Discredit or cast doubt upon the testimony of a witness

The purpose of the opening statement is to: A. Give the jury a preview of the evidence which witnesses will present B. Instruct the jury as to the intricacies of the law C. Argue the merits of one's own case D. Comment on the weaknesses of the other side's position

A. Give the jury a preview of the evidence which witnesses will present

Language in closing arguments that tends to significantly harm the ability of the jury to remain objective, rationale and dispassionate is usually referred to as being . A. Inflammatory B. Irrelevant C. Argumentative

A. Inflammatory

A jury acquits someone even though the state has proven its case beyond a reasonable doubt because the jury does not agree with the law. This is known as: A. Jury Nullification B. A mistrial C. A hung jury D. Jury travesty

A. Jury Nullification

The group of potential jurors brought into a courtroom and subjected to jury selection is known as the: A. Jury panel B. The venire C. The voir dire D. The grand jury

A. Jury panel

A person may have done the crime but is not guilty unless it can be proven. This concept is known as: A. Legal guilt B. Factual guilt C. Absolute guilt D. Jury guilt

A. Legal guilt

A "hung" jury results in a(n): A. Mistrial B. Acquittal C. Death penalty D. Direct Appeal

A. Mistrial

A motion for a "continuance" is a request for a: A. Postponement of a court hearing or trial date B. New lawyer C. Free lawyer D. Reconsideration of sentence

A. Postponement of a court hearing or trial date

The Latin term in legal jargon for a defendant representing herself without a lawyer is A. Pro se B. Habeas corpus C. Pro bono D. Caveat emptor

A. Pro se

Which of the following is NOT an excuse defense? A. Self-defense B. Mistake C. Duress D. Insanity

A. Self-defense

Alternate jurors: A. Sit through the whole trial in case a juror gets sick but do not deliberate with the jury B. Sit through the whole trial and engage in deliberations but do not cast a vote C. Are "on call" and may be called at any point in a trial to come in and replace an ailing juror D. Are an antiquated tradition and no longer used in modern courts

A. Sit through the whole trial in case a juror gets sick but do not deliberate with the jury

The term "client control" is associated most closely with which of the following courthouse players? A. The defense attorney B. The prosecutor C. The bailiff D. The judge

A. The defense attorney

The golden age of trials in which nearly all criminal cases were processed by way of jury trials took place in: A. The early 1800s B. The mid-twentieth century C. The early 1900s D. It never happened

A. The early 1800s

The appropriate sentence for a standard, routine case that defense attorneys, prosecutors, and judges are all expected to know and follow when it comes to a plea bargain is known as: A. The going rate B. The usual and customary punishment C. The courthouse standard D. The average sentence

A. The going rate

Which of the following is allowed in the grand jury room during proceedings? A. The prosecutor B. The media C. The media D. All of the above

A. The prosecutor

For a judge to take a motion "under advisement" is: A. To postpone making a decision until the judge can think about it further B. To discuss the motion with the attorneys in private C. A polite way of saying the motion is denied D. A way for the judge to say that the motion is granted

A. To postpone making a decision until the judge can think about it further

A side bar conference typically takes place: A. Up at the bench where the judge sits B. In the judge's chambers C. In front of the jury box D. In a lawyer's office

A. Up at the bench where the judge sits

The is the process of shrinking down a group of potential jurors down to the actual twelve who will hear the case. A. Voir dire B. Summons C. Venire D. Lottery

A. Voir dire

An attorney who is forced by a client to appeal a case even when there are no real appealable issues to raise can opt to file a/an:

Anders brief

According to the book, ______________ refuse to act as a "thirteenth juror."

Appellate courts

According to the book, how do judges tend to view pre-sentence investigation reports?

As a helpful tool

The Magna Carta was issued in: A. The third century, A.D. B. 1215 C. 1510 D. 1714

B. 1215

What term describes a plea in which a defendant protests his or her innocence but nevertheless indicates a willingness to accept the punishment and not go to trial? A. Nolo contendere B. Alford plea C. Straight-up plea D. Pro se plea

B. Alford plea

The "best evidence rule" concerns itself with: A. Real evidence B. Documentary evidence C. Opinion evidence D. Eyewitness testimony

B. Documentary evidence

Once a lawyer does this, he or she cannot "fire" a client without the court's permission: A. Starts opening arguments at trial B. Enters his or her appearance C. Attends a bail hearing D. Negotiates a fee with the client

B. Enters his or her appearance

The book discusses the movie "twelve Angry Men" in the chapter on jury deliberations. The book=s view of this movie is that it presents a: A. Realistic image of how deliberations work B. False image of how deliberations work

B. False image of how deliberations work

What is meant by the term, "discovery tool," as mentioned in the chapter on "steps of due process"? A. A way to prove the defendant guilty B. Finding out about the other side's case C. A type of forensic tool used by police in the field D. Any device employed in a crime lab to analyze evidence

B. Finding out about the other side's case

The main purpose of the is to set bail. A. Preliminary hearing B. First appearance C. Arraignment D. Motions court

B. First appearance

Unless there is some documented chain of custody for the witness to rely upon, which of the following types of evidence would a witness have trouble identifying in court even if shown? A. Documentary B. Fungible C. Circumstantial D. Best evidence

B. Fungible

The "venire" is/are the: A. Panel members not selected to serve on an actual jury B. Group of people summoned for jury service who show up at the courthouse C. Group of people selected during voir dire to serve on an actual jury D. French term meaning "jury trial"

B. Group of people summoned for jury service who show up at the courthouse

According to the book, if a witness says something totally different at trial than what the witness said at the preliminary hearing, the opposing lawyer can use the transcript of the preliminary hearing in order to the witness. A. Badger B. Impeach C. Reveal D. Catch

B. Impeach

As an attorney, what types of questions should you generally ask during cross-examination? A. Open-ended B. Leading C. Lots of both D. Neither

B. Leading

From the point of view of judicial economy, __________ are about the worst thing that could happen. A. Plea bargains B. Mistrials C. Not guilty pleas D. Bench trials

B. Mistrials

A request to have illegally obtained evidence kept from the jury is known as a: A. Motion to quash B. Motion to suppress C. Motion in limine D. Motion for a directed verdict

B. Motion to suppress

Defense lawyers sometimes postpone their __________ until the prosecution rests its case and the defense is about to present its own case. A. Objections to evidence B. Opening Statement C. Impeachment of witnesses D. Cross-examination of state witnesses

B. Opening Statement

"Professional witnesses" are most often used during trials by the: A. Defense B. Prosecution

B. Prosecution

Which of the following courthouse inhabitants does the book suggests most closely becomes judge, jury and sentencer thanks to the institution of plea bargaining? A. Judge B. Prosecutor C. Defendant D. Victim

B. Prosecutor

Evidence that has a tendency to make the existence of any fact of consequence more or less probable than it would be without the evidence is known as: A. Prejudicial evidence B. Relevant evidence C. Circumstantial evidence D. Real evidence

B. Relevant evidence

What U.S. Supreme Court ruled that plea bargaining is in fact constitutional? A. Mapp v. Ohio B. Santobello v. New York C. United States v. Dickerson D. Miranda v. Arizona

B. Santobello v. New York

Which of the following is NOT a legal ground to withdraw one's guilty plea? A. The conviction constituted double jeopardy B. The defendant sincerely has changed his or her mind C. The court lacked jurisdiction D. The plea was not knowingly entered

B. The defendant sincerely has changed his or her mind

Jury instructions are given to the jury by: A. The lawyers B. The judge C. Both the judge and the lawyers D. Nobody

B. The judge

According to the book, which side usually has the advantage when it comes to trial resources? A. The defense B. The prosecution

B. The prosecution

According to the book, witnesses who are summoned for trial but who are "no shows" usually wind up causing the most trouble for whose case A. Defense B. The prosecution

B. The prosecution

An early English practice in which an accused was required to struggle with the accuser in a contest of physical strength was known as: A. Trial by ordeal B. Trial by battle C. Trial de novo D. Trial in absentia

B. Trial by battle

A "dead bang loser" is a/an: A. Attorney who cannot achieve client control B. Victim whose low status results in the victim being ignored C. A case that has no chance of being won at trial D. Defendant who chooses to represent himself in court

C. A case that has no chance of being won at trial

Which step of due process does the book refer to as a kangaroo court? A. Sentencing hearing B. Arraignment C. A grand jury proceeding D. An appeal

C. A grand jury proceeding

What happens to a case when a judge declares a "mistrial"? A. The defendant is free to go and the case is over B. A new trial is given using the same jury C. A new trial is given using a different jury D. The jury trial turns into a bench trial and the judge decides the case

C. A new trial is given using a different jury

To get a case bound over for trial, the prosecutor must establish: A. Clear and convincing evidence B. Guilt beyond a reasonable doubt C. A prima facie case or probable cause D. Reasonable suspicion

C. A prima facie case or probable cause

The best evidence rule would come into play if which of the following was being relied upon during a trial? A. An eyewitness account B. An expert opinion C. A ransom letter D. A fingerprint

C. A ransom letter

The Magna Carta gave the right to a jury trial of one's peers to: A. All Englishmen B. All clergy C. All noblemen D. Anglicans but not Roman Catholics

C. All noblemen

When a jury is deadlocked, a judge often calls the jury back into court and exhorts it to really try to reach a verdict unless to do so would cause violence to their consciences. This is known as :A. Jury exhortation B. Judicial reprimand C. An Allen charge D. A side bar conference

C. An Allen charge

A "demurrer" is a request for the court to dismiss a case on the grounds that A. Perjury was committed during trial B. A juror discussed the case with a witness during a break C. An essential element of the state=s case was never introduced at trial D. The defense lawyer did not provide a reasonably adequate defense

C. An essential element of the state=s case was never introduced at trial

What does it mean if a lawyer is trying to impeach a witness? A. Lay a foundation for future testimony B. Prevent the witness from taking the stand C. Cast doubt on the credibility of the witness' testimony D. Have testimony stricken from the record

C. Cast doubt on the credibility of the witness' testimony

Pleading guilty to simple assault when one was originally charged with aggravated assault would be an example of a: A. Sentence bargain B. Count bargain C. Charge bargain D. Illegal bargain

C. Charge bargain

According to the book, effective jury room leaders are good at getting a verdict. The type of leadership that most frequently achieves the goal of a verdict involves: A. Intimidation B. Embarrassment C. Consensus building D. The ability to capitalize on people's fatigue

C. Consensus building

According to the text, which of the following traits are argued to be generally characteristic of an effective plea bargainer? A. Intelligent and aggressive B. Powerful and articulate C. Emotionally stable and likeable D. Threatening and authoritative

C. Emotionally stable and likeable

The term "knowingly and voluntarily" applies to: A. Selecting a lawyer B. Firing a lawyer C. Entering a guilty plea D. Offering a plea bargain

C. Entering a guilty plea

Which of the following steps comes first in time? A. Preliminary hearing B. Plea bargain C. First appearance D. Pre-trial motion

C. First appearance

How often do judges step in and reject a negotiated plea bargain? A. More often than not B. Never—they must accept the negotiated deal C. Hardly ever but it does happen D. Judges have nothing to do with processing plea bargains

C. Hardly ever but it does happen

What is meant by "polling the jury"? A. Using peer pressure to reach a consensus B. Judicially reprimanding the jury for misconduct C. Individually asking each juror if he or she agrees with the announced verdict D. The process by which a jury selects the jury foreperson

C. Individually asking each juror if he or she agrees with the announced verdict

Which of the following is NOT a justification defense? A. Execution of public duties B. Reasonable defense of property C. Insanity D. Defense of others

C. Insanity

Which of the following is the next to occur after closing arguments have been given? A. Arraignment B. Jury deliberation C. Jury instructions D. Sentencing

C. Jury instructions

This hearing is often used by defense counsel to learn all it can about the prosecutor's case: A. First appearance B. Arraignment C. Preliminary hearing D. Motions court

C. Preliminary hearing

What level of proof must the state meet in order for a jury to convict someone of a crime? A. Probable cause B. Preponderance of the evidence C. Proof beyond a reasonable doubt D. Proof beyond any doubt

C. Proof beyond a reasonable doubt

A gun that was used as murder weapon is introduced into evidence at trial. The gun would be an example of: A. Direct evidence B. Circumstantial evidence C. Real evidence D. Documentary evidence

C. Real evidence

In a bargain, the prosecutor would recommend an actual sentence to the judge which the judge is expected to follow .A. Charge B. Count C. Sentence D. Strict

C. Sentence

Anyone accused of a crime theoretically punished by has the right to a jury trial. A. Any jail time B. 90 days or more C. Six months or more D. One year or more

C. Six months or more

Who is the legal advisor to the grand jury? A. The judge B. The judge's law clerk C. The prosecutor D. Their internal moral compass

C. The prosecutor

According to the book, defense attorneys about to do a trial should come up with a theme or a plan that they can present to the jury and stick to throughout the trial. This is known as the: A. Strategy of the defense B. Defense game plan C. Theory of the defense D. Defense version of the case

C. Theory of the defense

To "remain moot" is: A. To plead not guilty and refuse to accept responsibility for an offense B. To represent oneself in court proceedings C. To stay silent when asked to plea guilty or not guilty D. To be bound and gagged during trial for being disruptive

C. To stay silent when asked to plea guilty or not guilty

How many bona fide challenges for cause are lawyers allowed during jury selection? A. A half dozen or so B. One or two only C. Unlimited number D. None at all

C. Unlimited number

A person is sentenced to "two to six years" and is released after three. This person is known as a:

Parolee

What type of error is so huge that it completely and dramatically taints the entire trial to a degree that makes the process fundamentally flawed?

Plain error

Prosecutors can appeal:

Pre-trial rulings

Statutes, constitutional provisions, and case law are:

Primary legal sources

An interlocutory appeal occurs when?

Prior to trial

Of the classical goals of sentencing, which one tries to put defendants on the path of virtuous living by correcting their attitudes?

Rehabilitation

What classical goal of sentencing assumes the medical model notion that crime is an illness?

Rehabilitation

Of the classical goals of sentencing, which is most closely connected to the idea of "just deserts?"

Retribution

What do some state legislatures issue in order to indicate to a judge the penalty that the state legislature deems appropriate for a particular offense?

Sentencing guidlines

In order to decide if Roe v. Wade, the famous abortion rights case, is still good precedent or not (or if it has been overturned by a newer case), one should engage in:

Shepardizing

To forego oral argument and rely solely on one=s written arguments in an appeal is known as:

Submitting on briefs alone

Which of the following would you expect to "grant cert" in some cases?

The U.S. Supreme Court

Most states allow anyone convicted of a crime by way of trial one automatic appeal. This appeal is known as:

The appeal of right

What is the term used to describe the word for word record of a court proceeding (like a trial) which is produced by a court stenographer?

The court transcript

Which side usually appeals the outcome of a trial verdict?

The defense

What is the remedy if a trial judge makes a bad ruling on an objection during a trial that results in a conviction?

The error should result in a new trial unless it was a harmless error

Minimum mandatory sentences are determined by

The legislature

Chain of custody helps establish that an object is the very one found at the crime scene.

True

During the preliminary hearing, the defense often attempts to discover as much as it can about the prosecution=s case

True

Failure to object at trial usually cuts off an opportunity to complain later on appeal.

True

It is possible for a defendant to win his or her case even though no defense witnesses are ever called.

True

Lawyers who engage in plea bargain negotiations tend to use a joint-problem solving rather than an adversarial and aggressive approach.

True

Not all jurors are created equal. Some apparently are leaders while others are sheep.

True

Oral arguments often involve judges interrupting lawyers= presentations with questions.

True

Socrates was convicted in a famous jury trial of the crime of "corrupting the youth."

True

Testimony from witnesses is not typically given during oral arguments in appeals.

True

The Boykin Form is a form that summarizes a defendant=s trial rights which lawyers are required to review with a client prior to entering a guilty plea.

True

The U.S. Supreme Court has ruled that compromise verdicts which result in inconsistent verdicts are legal.

True

The judge is the one primarily responsible for instructing the jury as to the law.

True

What country leads the world in the highest per capita incarceration rate?

USA

In Marbury v. Madison (an "Extra Insights" case), Marbury was upset because newly elected President Jefferson refused to deliver his commission so that he could become the justice of the peace for the District of Columbia, pursuant to the recent, midnight appointment of then outgoing President Adams. This famous 1803 case settled which question?

Which branch of government, if any, gets to have the last say on what the Constitution requires?

Of the following legal duties, what does the book suggest law school best prepares one to do?

Write a legal brief

Jurors are not allowed to discuss the case amongst themselves during breaks.

true

In United States v. Layton (an "Extra Insights" case), Layton, one of the leaders of an American sect whose members had relocated to Latin America, was convicted of participating in the murder of a Congressman who was visiting the sect's compound. During the trial, prosecutors had played a "Last Hour Tape" that helped lead to his conviction. What was the issue on appeal? A. Whether the tape constituted hearsay B. Whether the tape violated the "best evidence rule". C. Whether the tape's prejudicial impact was so great as to outweigh any probative value. D. Whether the tape contained a confession without Miranda rights having been given

C. Whether the tape's prejudicial impact was so great as to outweigh any probative value

In Kaupp v. Texas (an "Extra Insights" case), Kaupp was suspected of murdering a 14 year old girl and was taken to sheriff's headquarters for questioning. There he admitted the crime. After his conviction the Supreme Court on appeal held that A. his confession was deemed proper since he had been read his Miranda rights at the police station B. his confession was deemed proper because he was not under arrest yet when he made it C. his confession must be thrown out as fruits of an illegal arrest not based on probable cause

C. his confession must be thrown out as fruits of an illegal arrest not based on probable cause

Approximately what percentage of criminal cases are plea bargained? A. 30 percent B. 60 percent C. 75 percent D. 90 percent

D. 90 percent

A judge instructing a jury to return a verdict of not guilty in a case in which no reasonable jury could possibly find guilt is known as a: A. Demurrer B. Mistrial C. A judicial waiver D. A directed verdict

D. A directed verdict

Compromise verdicts: A. Are legal B. Are common C. Often result in inconsistent verdicts D. All of the above

D. All of the above

The purpose of the "arraignment" is to: A. Have the charges read to a defendant B. Provide the defendant a brief summary of the facts of the case C. Ask the defendant to enter a plea of guilty or not guilty D. All of the above

D. All of the above

The voir dire process is used by lawyers to: A. Get rid of biased jurors B. Educate the jury C. Stack the jury D. All of the above

D. All of the above

Which of the following does not play a role in achieving a consensus in jury deliberations? A. Compromise B. Fatigue C. Leadership D. All of the above play a role

D. All of the above play a role

The main purpose of the is to have one's charges that were bound over for trial read to him or her and to enter a plea of guilty or not guilty. A. Preliminary hearing B. First appearance C. Motion's court D. Arraignment

D. Arraignment

Lawyers may express their own personal opinions about the guilt or innocence of the defendant: A. During opening statements B. During closing arguments C. During opening statement or closing arguments D. At no time during the trial

D. At no time during the trial

The form a defendant signs before pleading guilty that summarizes his or her trial rights is called a: A. Gookin form B. Dubois form C. Wellsley form D. Boykin form

D. Boykin form

What type of evidence is testimonial evidence which if believed to be truthful requires no inferences or reasoning on the part of the jury? A. Circumstantial evidence B. Material evidence C. Documentary evidence D. Direct evidence

D. Direct evidence

If a potential juror is excused via a peremptory challenge, that potential juror is: A. Dismissed to go home B. Scolded by the court for being uncooperative C. Plainly found to be incapable of being fair and impartial D. Dismissed from that particular case but asked to wait for another one

D. Dismissed from that particular case but asked to wait for another one

At what stage of the trial may lawyers comment on the quality of the evidence in the trial? A. At no stage B. During jury instructions C. During opening statements or closing arguments D. During closing arguments only

D. During closing arguments only

Going rates are NOT used in which of the following types of criminal cases: A. Misdemeanors B. Felonies C. Sex offenses D. Exceptional or non-routine cases

D. Exceptional or non-routine cases

The person who is responsible for managing the jury=s deliberations, tallying up votes, and announcing the verdict to the court is the: A. Clerk of court B. Bailiff C. Court reporter D. Jury foreperson

D. Jury foreperson

The court reporter's job is to: A. Cover the trial for the newspaper or other media B. Act as a messenger and do errands for the judge C. Cry "all rise"whenever the judge enters the courtroom D. Make a transcript of everything said during the trial

D. Make a transcript of everything said during the trial

If someone believes that a preliminary hearing judge or grand jury made a bad decision, that person should file a: A. Motion in limine B. Motion to change venue C. Motion to reduce bail D. Motion to quash

D. Motion to quash

Nolo contendere is Latin meaning: A. Not guilty B. Representing oneself in court C. Refusing to speak D. No contest

D. No contest

__________ evidence is not permitted unless it is given by an expert witness or a character witness. A. Circumstantial B. Prejudicial C. Direct D. Opinion

D. Opinion

Which of the following hearings essentially serves the same purpose as a grand jury proceeding? A. Arraignment B. Motions court C. First appearance D. Preliminary hearing

D. Preliminary hearing

Criminal jury trials commence with: A. Defense attorney's opening argument B. Prosecution's opening argument C. Defense attorney's opening statement D. Prosecution's opening statement

D. Prosecution's opening statement

Leading questions are questions that: A. Show hostility toward a witness B. Are the very first questions asked a new witness C. Call for speculation D. Suggest the answer

D. Suggest the answer

According to the book, after selecting a jury foreperson, juries typically (and perhaps unfortunately) do what :A. Take a meal break B. Receive jury instructions C. Review the trial transcript D. Take an initial vote

D. Take an initial vote

In State v. Long (an "Extra Insights" case), Long was convicted of shooting someone through an open front door during a botched robbery attempt. The person who was shot returned fire while crying. Later, he identified Long at trial as his assaulter. The issue in this case had to do with what? A. The admissibility of audio recordings of the event B. Attorney-client privilege C. Flight as evidence of guilt D. The inherent weaknesses associated with eyewitness testimony

D. The inherent weaknesses associated with eyewitness testimony

John turns down a plea bargain and goes to trial and loses. The judge punishes John for the crime and some extra for taking up the court=s time. This extra penalty is known as a: A. Stinger B. Gotcha C. Payback D. Trial tax

D. Trial tax


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