Question 1

This challenges the legality of an aspect of the opponent's case but is presented during the trial proceedings in direct response to something the other attorney presents.

Accepted Answer

A)   objection
B)   motion
C)   challenge
D)   cause A

Question 2

This defense acknowledges that the evidence proves the essential act and/or intent the prosecutor is charging as a crime but argues that the defendant is not culpable.

Accepted Answer

A)   procedural defense
B)   factual defense
C)   affirmative defense
D)   alibi defense C

Question 3

This encompasses all objects presented in trial.

Accepted Answer

A)   real evidence
B)   exhibits
C)   demonstrative evidence
D)   all of the above A

Question 4

This is a defense strategy aimed at showing that the prosecution's evidence is weak, invalid, or inconclusive.

Accepted Answer

A)   aggressive defense
B)   procedural defense
C)   alibi defense
D)   factual defense

Question 5

Prosecutors and defense collaborate on early-stage case assessment.

Accepted Answer

A) True 
 B)False

Question 6

Which court rule states that evidence secured by illegal means cannot be introduced in a criminal trial?

Accepted Answer

A)   Brady rule
B)   exclusionary rule
C)   rules of evidence
D)   admissibility rules

Question 7

All evidence is allowed in court.

Accepted Answer

A) True 
 B)False

Question 8

These are attributes that make cases more complicated and time-intensive.

Accepted Answer

A)   exhibits
B)   enhancers
C)   materials
D)   objections

Question 9

Evidence obtained without a proper search warrant can still be used if _______.

Accepted Answer

A)   the evidence was obtained from garbage at the curbside
B)   the police would have found it anyway
C)   the search was performed by a non-government agent
D)   all of the above

Question 10

The negotiated order establishes focal concerns in case assessment and weights some of them as important cues.

Accepted Answer

A) True 
 B)False

Question 11

This is the capacity to make choices regarding a case, including to charge or dismiss it, divert it, change charges, plea bargain, develop a case theory, argue a case as he or she sees fit, and recommend leniency or the maximum sentence.

Accepted Answer

A)   declination
B)   burden of persuasion
C)   prosecutorial discretion
D)   defense discretion

Question 12

What is the information that a witness or expert states under oath?

Accepted Answer

A)   real evidence
B)   direct evidence
C)   testimony
D)   circumstantial evidence

Question 13

There is only one way to categorize evidence.

Accepted Answer

A) True 
 B)False

Question 14

A(n) _____ is a request that the judge make a legal ruling on a limited legal issue in the case without a ruling on the case-in-chief.

Accepted Answer

A)   move
B)   motion
C)   objection
D)   request

Question 15

This is an attorney's strategy for assessing, organizing, preparing, and arguing a case.

Accepted Answer

A)   case theory
B)   case-initiation decision
C)   case attrition
D)   case assessment

Question 16

Strategies of assessing a case necessarily depend on legal reasoning.

Accepted Answer

A) True 
 B)False

Question 17

According to the text, why might a prosecutor decide to drop a case?

Accepted Answer

A)   The law has not been enforced for a long time.
B)   The defendant is wealthy.
C)   The evidence does not meet the elements requirement.
D)   all of the above

Question 18

This defense strategy casts doubt on evidence, tries to have evidence suppressed and excluded from the trial, or argues that the case should be dismissed for violation of rights.

Accepted Answer

A)   factual defense
B)   procedural defense
C)   alibi defense
D)   affirmative defense

Question 19

This occurs when the charge is dismissed if the defendant completes terms of some program picked by the prosecution.

Accepted Answer

A)   objection
B)   declination
C)   dismissal
D)   defer prosecution

Question 20

When a case moves from booking to the courts, a prosecutor will evaluate the case and decide to dismiss it or charge the defendant. The power to make this decision has little effect on the flow of cases through the courts.

Accepted Answer

A) True 
 B)False

Exam 6: Case Assessment, Case Attrition, and Decision to Charge

This challenges the legality of an aspect of the opponent's case but is presented during the trial proceedings in direct response to something the other attorney presents.

This defense acknowledges that the evidence proves the essential act and/or intent the prosecutor is charging as a crime but argues that the defendant is not culpable.

This encompasses all objects presented in trial.

This is a defense strategy aimed at showing that the prosecution's evidence is weak, invalid, or inconclusive.

Prosecutors and defense collaborate on early-stage case assessment.

Which court rule states that evidence secured by illegal means cannot be introduced in a criminal trial?

All evidence is allowed in court.

These are attributes that make cases more complicated and time-intensive.

Evidence obtained without a proper search warrant can still be used if _______.

The negotiated order establishes focal concerns in case assessment and weights some of them as important cues.

This is the capacity to make choices regarding a case, including to charge or dismiss it, divert it, change charges, plea bargain, develop a case theory, argue a case as he or she sees fit, and recommend leniency or the maximum sentence.

What is the information that a witness or expert states under oath?

There is only one way to categorize evidence.

A(n) _____ is a request that the judge make a legal ruling on a limited legal issue in the case without a ruling on the case-in-chief.

This is an attorney's strategy for assessing, organizing, preparing, and arguing a case.

Strategies of assessing a case necessarily depend on legal reasoning.

According to the text, why might a prosecutor decide to drop a case?

This defense strategy casts doubt on evidence, tries to have evidence suppressed and excluded from the trial, or argues that the case should be dismissed for violation of rights.

This occurs when the charge is dismissed if the defendant completes terms of some program picked by the prosecution.

When a case moves from booking to the courts, a prosecutor will evaluate the case and decide to dismiss it or charge the defendant. The power to make this decision has little effect on the flow of cases through the courts.