Deck 11: The Adversary System

Question 1

The adversary system is defined as:

A) a system in which the accused and the state are both represented.
B) a system in which the accused is represented.
C) a system in which the state is represented.
D) none of the above.

Answer 1

A

Question 2

As late as the 1600s, accused in the U.S. were often bound and thrown into tanks of _____________.

A) hot oil
B) water
C) sand
D) mud

Answer 2

B

Question 3

Perjured testimony is:

A) true testimony given under oath
B) false testimony not given under oath
C) false testimony given under oath
D) true testimony not given under oath

Answer 3

C

Question 4

The defense attorney has the responsibility to vigorously pursue the ___________ through the trial of the case.

A) defense
B) outcome
C) law
D) none of the above

Question 5

The 6^th Amendment's right to counsel implies that the counsel will be __________.

A) adequate
B) efficient
C) ineffective
D) effective

Question 6

The American Bar Association provides guidelines for conduct of ______________.

A) counsel
B) judges
C) juries
D) none of the above

Question 7

What occurred in Strickland v. Washington?

A) judicial misconduct was discussed.
B) prosecutorial misconduct was discussed.
C) effectiveness of counsel was discussed.
D) perjured testimony was discussed.

Question 8

During trial, if the prosecutor discovers evidence suggesting the innocence of the defendant, the prosecutor must:

A) not say anything
B) turn over the evidence to the defense
C) turn over the evidence to the detectives
D) none of the above

Question 9

The __________________________________ suggested the public could help the justice system by providing more funding in several areas.

A) National Justice Commission
B) Commission on Violence and Justice
C) National Violence Commission
D) National Justice Commissions

Question 10

The ____ Amendment's right to counsel provides for effective assistance of counsel.

A) 4^th
B) 5^th
C) 6^th
D) 8^th

Question 11

The _____________________ represents the constitutional interest of the accused.

A) judge
B) jury
C) prosecutor
D) defense

Question 12

Which of the following represents the state during the trial process?

A) prosecutor
B) judge
C) jury
D) defense

Question 13

If the defense attorney made an error that adversely impacted the outcome of the case, the defendant may claim?

A) effective assistance
B) inaccurate assistance
C) incompetent assistance
D) ineffective assistance

Question 14

The ______________________ and _________________________ are responsible for using fair tactics to represent the state.

A) prosecutor: defense
B) police: prosecutor
C) jury: police
D) police: judge

Question 15

A bench trial occurs when:

A) a judge conducts a trial without a jury
B) a judge conducts a trial with a jury
C) both a and b are correct
D) none of the above

Question 16

Attorney's may use false testimony.

Question 17

The defendant decides what plea to enter.

Question 18

The 5^th Amendment provides for effective counsel.

Question 19

The goal of the prosecution is to seek the truth.

Question 20

Judges do not always need to be impartial.