Question 1

Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?

Accepted Answer

A)  must be capable of understanding the duty to tell the truth 
B)  must have personal knowledge of the matter about which he or she is testifying 
C)  must be capable of understanding and speaking the English language 
D)  must be capable of expressing himself or herself so as to be understood by the jury 
A)  must be capable of understanding the duty to tell the truth 
B)  must have personal knowledge of the matter about which he or she is testifying 
C)  must be capable of understanding and speaking the English language 
D)  must be capable of expressing himself or herself so as to be understood by the jury C

Question 2

There are two major forms of relief for a defendant after being convicted of a crime: _______ and _________.

Accepted Answer

appeal; habeas corpus

Question 3

Describe the sequence of events that take place at trial.Begin with the opening statement and end at the point that the jury reads the verdict.

Accepted Answer

The sequence of events at a trial typically begins with the opening statement, where the prosecution and defense each have the opportunity to present an overview of their case to the jury. This is followed by the presentation of evidence, including witness testimony, documents, and other exhibits. The prosecution presents their case first, followed by the defense.

After the presentation of evidence, both sides have the opportunity to make closing arguments, summarizing the evidence and attempting to persuade the jury to find in their favor. The judge then gives the jury instructions on the law and the charges the defendant is facing.

Once the jury has been instructed, they deliberate in private to reach a verdict. When they have reached a decision, they inform the court, and the verdict is read aloud in the courtroom. This marks the end of the trial proceedings.

Question 4

Generally,to obtain an appellate court review of an issue,the appealing party (appellant)must preserve its claim by making a specific timely objection at or before trial.This is called the _________________.

Accepted Answer

A)  plain error rule. 
B)  contemporaneous objection rule. 
C)  harmless error rule. 
D)  final judgment rule. 
A)  plain error rule. 
B)  contemporaneous objection rule. 
C)  harmless error rule. 
D)  final judgment rule.

Question 5

Explain the differences between an appeal,a habeas corpus filing,and a civil action under § 1983.

Accepted Answer

An appeal is a legal process in which a

Question 6

During a criminal trial,a mistake is made that potentially prejudices the defendant.The defendant's attorney failed to make a timely objection.This means that:

Accepted Answer

A)  the defendant will not, under any circumstances, be able to raise the point on appeal. 
B)  the defendant will be able to raise the point on appeal because an error was made. 
C)  the defendant will only be able to raise the issue on appeal if permission is granted by the prosecutor and the appellate judge. 
D)  the defendant will only be able to raise the point on appeal if the mistake made is a "plain error." 
A)  the defendant will not, under any circumstances, be able to raise the point on appeal. 
B)  the defendant will be able to raise the point on appeal because an error was made. 
C)  the defendant will only be able to raise the issue on appeal if permission is granted by the prosecutor and the appellate judge. 
D)  the defendant will only be able to raise the point on appeal if the mistake made is a "plain error."

Question 7

In appellate review of the decisions of courts of original jurisdiction,the ______ standard of review grants no deference to the lower court.

Accepted Answer

The answer of In appellate review of the decisions of...

Question 8

The best evidence rule means that to prove the content of a writing,recording,or photograph,the original is generally required since copies are too easily altered.

Accepted Answer

A) True 
 B)False

Question 9

Appellate determinations of either plain error or prejudicial error normally result in a conviction being overturned.

Accepted Answer

A) True 
 B)False

Question 10

?The strictness (or level of deference)with which an appellate court will review the actions of a lower court is called ___________________.

Accepted Answer

The answer of ?The strictness (or level of deference)with which...

Question 11

The primary reason the U.S.Congress passed the Sentencing Reform Act of 1984 was:

Accepted Answer

A)  to prevent states from implementing indeterminate sentencing. 
B)  to address concerns over disparate sentencing 
C)  to enact the federal three-strikes law. 
D)  to implement mandatory sentencing for the crime of treason. 
A)  to prevent states from implementing indeterminate sentencing. 
B)  to address concerns over disparate sentencing 
C)  to enact the federal three-strikes law. 
D)  to implement mandatory sentencing for the crime of treason.

Question 12

Which of the following is a true statement about evidence used in criminal trials?

Accepted Answer

A)  Hearsay is firsthand evidence. 
B)  Most witnesses are permitted to give their opinions above and beyond those that are rationally based on their own common perceptions. 
C)  Even relevant evidence may be inadmissible if its use could prejudice, confuse, or mislead the jury. 
D)  Evidence may be relevant and admissible even if it does not tend to prove or disprove any material fact in dispute. 
A)  Hearsay is firsthand evidence. 
B)  Most witnesses are permitted to give their opinions above and beyond those that are rationally based on their own common perceptions. 
C)  Even relevant evidence may be inadmissible if its use could prejudice, confuse, or mislead the jury. 
D)  Evidence may be relevant and admissible even if it does not tend to prove or disprove any material fact in dispute.

Question 13

The final,authoritative determination or decision of a court upon a matter within its jurisdiction is called _____________________.

Accepted Answer

The answer of The final,authoritative determination or decision of a...

Question 14

Identify and describe three different rules of evidence.

Accepted Answer

1. The Rule of Relevance: This rule stat

Question 15

When an appellate court reviews questions of fact resolved by a lower court,the appellate court can disturb the decision of the lower court:

Accepted Answer

A)  only if the lower court applied the correct law and still made a mistake. 
B)  only after providing deference to the lower court and finding plain error. 
C)  only after conducting a de novo review and finding clear error. 
D)  only after providing deference to the lower court and finding clear error. 
A)  only if the lower court applied the correct law and still made a mistake. 
B)  only after providing deference to the lower court and finding plain error. 
C)  only after conducting a de novo review and finding clear error. 
D)  only after providing deference to the lower court and finding clear error.

Question 16

?In criminal trials,a unanimous verdict is only required if a petit jury is comprised of :

Accepted Answer

A)  five people or fewer. 
B)  nine people or fewer. 
C)  six people or fewer. 
D)  twelve people or fewer. 
A)  five people or fewer. 
B)  nine people or fewer. 
C)  six people or fewer. 
D)  twelve people or fewer.

Question 17

Which of the following is not a true statement about the appeal process?

Accepted Answer

A)  Filing an appeal involves the filing of a notice of appeal, the designation of the parts of the trial record to be considered on appeal, the filing of a statement of points on appeal, the filing of briefs, and the arguing of the briefs before an appellate court. 
B)  An appeal by the prosecution of adverse rulings is made before the jury hears the case or in cases in which the defendant has appealed and won. 
C)  If a defendant does not have the funds to appeal a conviction, the state will not provide these resources; thus, the person cannot appeal. 
D)  A defendant has a right to appeal after being convicted of a crime and after the trial judge has decided all post-trial motions and entered final judgment in the case. 
A)  Filing an appeal involves the filing of a notice of appeal, the designation of the parts of the trial record to be considered on appeal, the filing of a statement of points on appeal, the filing of briefs, and the arguing of the briefs before an appellate court. 
B)  An appeal by the prosecution of adverse rulings is made before the jury hears the case or in cases in which the defendant has appealed and won. 
C)  If a defendant does not have the funds to appeal a conviction, the state will not provide these resources; thus, the person cannot appeal. 
D)  A defendant has a right to appeal after being convicted of a crime and after the trial judge has decided all post-trial motions and entered final judgment in the case.

Question 18

Privileged communications protect confidential discussions in certain relationships in which we want to foster open,honest communications.The law usually recognizes all the following privileged relationships except:

Accepted Answer

A)  attorney and client 
B)  clergy-member and penitent 
C)  brother and sister 
D)  lawfully-married husbands and wives 
A)  attorney and client 
B)  clergy-member and penitent 
C)  brother and sister 
D)  lawfully-married husbands and wives

Question 19

Prisoners in state custody who allege that certain errors of a constitutional magnitude were not corrected on appeal may file a petition for a writ of habeas corpus in federal district court.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is a true statement concerning 6th Amendment rights to a speedy trial?

Accepted Answer

A)  The 6th Amendment right to a speedy trial covers the process both before and after a suspect has been formally accused. 
B)  The 6th Amendment right to a speedy trial covers the process after a suspect is formally accused, but not before a suspect is formally accused. 
C)  The 6th Amendment right to a speedy trial covers the process before a suspect is formally accused, but not after a suspect is formally accused. 
D)  The 6th Amendment is applicable to federal cases, but not state cases. 
A)  The 6th Amendment right to a speedy trial covers the process both before and after a suspect has been formally accused. 
B)  The 6th Amendment right to a speedy trial covers the process after a suspect is formally accused, but not before a suspect is formally accused. 
C)  The 6th Amendment right to a speedy trial covers the process before a suspect is formally accused, but not after a suspect is formally accused. 
D)  The 6th Amendment is applicable to federal cases, but not state cases.

Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?

There are two major forms of relief for a defendant after being convicted of a crime: _ and ___.

Describe the sequence of events that take place at trial.Begin with the opening statement and end at the point that the jury reads the verdict.

Generally,to obtain an appellate court review of an issue,the appealing party (appellant)must preserve its claim by making a specific timely objection at or before trial.This is called the _________________.

Explain the differences between an appeal,a habeas corpus filing,and a civil action under § 1983.

During a criminal trial,a mistake is made that potentially prejudices the defendant.The defendant's attorney failed to make a timely objection.This means that:

In appellate review of the decisions of courts of original jurisdiction,the ______ standard of review grants no deference to the lower court.

The best evidence rule means that to prove the content of a writing,recording,or photograph,the original is generally required since copies are too easily altered.

Appellate determinations of either plain error or prejudicial error normally result in a conviction being overturned.

?The strictness (or level of deference)with which an appellate court will review the actions of a lower court is called ___________________.

The primary reason the U.S.Congress passed the Sentencing Reform Act of 1984 was:

Which of the following is a true statement about evidence used in criminal trials?

The final,authoritative determination or decision of a court upon a matter within its jurisdiction is called _____________________.

Identify and describe three different rules of evidence.

When an appellate court reviews questions of fact resolved by a lower court,the appellate court can disturb the decision of the lower court:

?In criminal trials,a unanimous verdict is only required if a petit jury is comprised of :

Which of the following is not a true statement about the appeal process?

Privileged communications protect confidential discussions in certain relationships in which we want to foster open,honest communications.The law usually recognizes all the following privileged relationships except:

Prisoners in state custody who allege that certain errors of a constitutional magnitude were not corrected on appeal may file a petition for a writ of habeas corpus in federal district court.

Which of the following is a true statement concerning 6th Amendment rights to a speedy trial?

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Filters

Exam 15: Criminal Trials, Appeals, and Other Post-Conviction Remedies

Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?

There are two major forms of relief for a defendant after being convicted of a crime: _______ and _________.

Describe the sequence of events that take place at trial.Begin with the opening statement and end at the point that the jury reads the verdict.

Generally,to obtain an appellate court review of an issue,the appealing party (appellant)must preserve its claim by making a specific timely objection at or before trial.This is called the _________________.

Explain the differences between an appeal,a habeas corpus filing,and a civil action under § 1983.

During a criminal trial,a mistake is made that potentially prejudices the defendant.The defendant's attorney failed to make a timely objection.This means that:

In appellate review of the decisions of courts of original jurisdiction,the ______ standard of review grants no deference to the lower court.

The best evidence rule means that to prove the content of a writing,recording,or photograph,the original is generally required since copies are too easily altered.

Appellate determinations of either plain error or prejudicial error normally result in a conviction being overturned.

?The strictness (or level of deference)with which an appellate court will review the actions of a lower court is called ___________________.

The primary reason the U.S.Congress passed the Sentencing Reform Act of 1984 was:

Which of the following is a true statement about evidence used in criminal trials?

The final,authoritative determination or decision of a court upon a matter within its jurisdiction is called _____________________.

Identify and describe three different rules of evidence.

When an appellate court reviews questions of fact resolved by a lower court,the appellate court can disturb the decision of the lower court:

?In criminal trials,a unanimous verdict is only required if a petit jury is comprised of :

Which of the following is not a true statement about the appeal process?

Privileged communications protect confidential discussions in certain relationships in which we want to foster open,honest communications.The law usually recognizes all the following privileged relationships except:

Prisoners in state custody who allege that certain errors of a constitutional magnitude were not corrected on appeal may file a petition for a writ of habeas corpus in federal district court.

Which of the following is a true statement concerning 6th Amendment rights to a speedy trial?

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Filters

There are two major forms of relief for a defendant after being convicted of a crime: _ and ___.