Question 1

During closing arguments, the prosecution may not comment on:

Accepted Answer

A) the weakness of the defendant's case. 
B) the strength of the prosecution's case. 
C) the defendant's failure to testify. 
D) inferences to be drawn from the evidence. 
A) the weakness of the defendant's case. 
B) the strength of the prosecution's case. 
C) the defendant's failure to testify. 
D) inferences to be drawn from the evidence. C

Question 2

The harmless error doctrine recognizes:

Accepted Answer

A) no error is harmless when a defendant's liberty is at stake. 
B) an error is harmless if it does not undermine the accuracy of the court's finding of guilt. 
C) an error is harmless if not raised until habeas corpus review. 
D) no constitutional error can ever be harmless. 
A) no error is harmless when a defendant's liberty is at stake. 
B) an error is harmless if it does not undermine the accuracy of the court's finding of guilt. 
C) an error is harmless if not raised until habeas corpus review. 
D) no constitutional error can ever be harmless. B

Question 3

A habeas corpus proceeding is:

Accepted Answer

A) a continuation of the trial. 
B) a civil action. 
C) a new criminal proceeding. 
D) an administrative hearing. 
A) a continuation of the trial. 
B) a civil action. 
C) a new criminal proceeding. 
D) an administrative hearing. B

Question 4

With regard to closing arguments:

Accepted Answer

A) either side can enter new evidence overlooked during trial. 
B) only the defense can introduce new evidence. 
C) only the prosecution can offer evidence in rebuttal. 
D) counsel may summarize the evidence, but cannot introduce additional evidence. 
A) either side can enter new evidence overlooked during trial. 
B) only the defense can introduce new evidence. 
C) only the prosecution can offer evidence in rebuttal. 
D) counsel may summarize the evidence, but cannot introduce additional evidence.

Question 5

An appellate court will:

Accepted Answer

A) reverse upon finding any trial error. 
B) not reverse for errors of counsel. 
C) not reverse for good faith errors by the judge. 
D) not reverse for errors not affecting the accuracy of the trial court's findings. 
A) reverse upon finding any trial error. 
B) not reverse for errors of counsel. 
C) not reverse for good faith errors by the judge. 
D) not reverse for errors not affecting the accuracy of the trial court's findings.

Question 6

Errors during trial that do not affect the outcome of the case are called:

Accepted Answer

A) reversible errors. 
B) expungible errors. 
C) harmless errors. 
D) prejudicial errors. 
A) reversible errors. 
B) expungible errors. 
C) harmless errors. 
D) prejudicial errors.

Question 7

If a defendant is convicted at a retrial, the sentence at the second trial must be:

Accepted Answer

A) the same as the sentence at the first trial. 
B) less than the sentence at the first trial. 
C) greater or lesser according to the judge's discretion. 
D) greater or lesser if the sentencing judge has additional information not available at the first trial. 
A) the same as the sentence at the first trial. 
B) less than the sentence at the first trial. 
C) greater or lesser according to the judge's discretion. 
D) greater or lesser if the sentencing judge has additional information not available at the first trial.

Question 8

Motions to set aside the verdict are made:

Accepted Answer

A) to the trial court. 
B) only to appellate courts. 
C) only on state habeas corpus. 
D) only on federal habeas corpus. 
A) to the trial court. 
B) only to appellate courts. 
C) only on state habeas corpus. 
D) only on federal habeas corpus.

Question 9

A habeas corpus proceeding:

Accepted Answer

A) challenges the lawfulness of the defendant's confinement. 
B) challenges any fine imposed by the court. 
C) challenges the trial judge's evidentiary rulings. 
D) challenges the appropriateness of the sentence. 
A) challenges the lawfulness of the defendant's confinement. 
B) challenges any fine imposed by the court. 
C) challenges the trial judge's evidentiary rulings. 
D) challenges the appropriateness of the sentence.

Question 10

Which of the following are improper during closing arguments?

Accepted Answer

A) Misstating the evidence 
B) Referring to suppressed evidence 
C) Inflaming juror passions 
D) All of the above 
A) Misstating the evidence 
B) Referring to suppressed evidence 
C) Inflaming juror passions 
D) All of the above

Question 11

When the jury returns a verdict, that verdict:

Accepted Answer

A) may be impeached by any evidence of jury misconduct. 
B) may be impeached in most situations only by evidence of some outside influence upon the jury. 
C) may be impeached by any juror's affidavit. 
D) may be impeached by a majority of the jury. 
A) may be impeached by any evidence of jury misconduct. 
B) may be impeached in most situations only by evidence of some outside influence upon the jury. 
C) may be impeached by any juror's affidavit. 
D) may be impeached by a majority of the jury.

Question 12

The rule that a conviction need not be overturned if an error did not affect the outcome is called:

Accepted Answer

A) the harmless error rule. 
B) the reversible error rule. 
C) the plain error rule. 
D) the habeas corpus review rule. 
A) the harmless error rule. 
B) the reversible error rule. 
C) the plain error rule. 
D) the habeas corpus review rule.

Question 13

At the sentencing stage, procedural safeguards for convicted offenders:

Accepted Answer

A) are less than at the trial. 
B) are greater than at the trial. 
C) are the same as at the trial. 
D) are eliminated because the Constitution no longer applies. 
A) are less than at the trial. 
B) are greater than at the trial. 
C) are the same as at the trial. 
D) are eliminated because the Constitution no longer applies.

Question 14

The concept of jury nullification recognizes that:

Accepted Answer

A) the judge must inform the jury that it is not bound by the judge's instructions on the law. 
B) the judge may nullify an acquittal if evidence of guilt is established beyond a reasonable doubt. 
C) the judge may punish the jury for disregarding the law. 
D) the judge is powerless to alter a verdict of acquittal. 
A) the judge must inform the jury that it is not bound by the judge's instructions on the law. 
B) the judge may nullify an acquittal if evidence of guilt is established beyond a reasonable doubt. 
C) the judge may punish the jury for disregarding the law. 
D) the judge is powerless to alter a verdict of acquittal.

During closing arguments, the prosecution may not comment on:

The harmless error doctrine recognizes:

A habeas corpus proceeding is:

With regard to closing arguments:

An appellate court will:

Errors during trial that do not affect the outcome of the case are called:

If a defendant is convicted at a retrial, the sentence at the second trial must be:

Motions to set aside the verdict are made:

A habeas corpus proceeding:

Which of the following are improper during closing arguments?

When the jury returns a verdict, that verdict:

The rule that a conviction need not be overturned if an error did not affect the outcome is called:

At the sentencing stage, procedural safeguards for convicted offenders:

The concept of jury nullification recognizes that:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

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Exam 16: Verdict, Punishment, and Judicial Review

During closing arguments, the prosecution may not comment on:

The harmless error doctrine recognizes:

A habeas corpus proceeding is:

With regard to closing arguments:

An appellate court will:

Errors during trial that do not affect the outcome of the case are called:

If a defendant is convicted at a retrial, the sentence at the second trial must be:

Motions to set aside the verdict are made:

A habeas corpus proceeding:

Which of the following are improper during closing arguments?

When the jury returns a verdict, that verdict:

The rule that a conviction need not be overturned if an error did not affect the outcome is called:

At the sentencing stage, procedural safeguards for convicted offenders:

The concept of jury nullification recognizes that:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

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