Deck 15: Trial

Question 1

The Equal Protection Clause of the Fourteenth Amendment prohibits systematic exclusion of jurors on the basis of:

A)race.
B)gender.
C)religious beliefs.
D)all of the above.

Answer 1

D

Question 2

Opening statements of counsel:

A)are the most important items of evidence in any case.
B)cannot be limited by the trial judge.
C)are not, themselves, items of evidence.
D)can be prohibited by the trial judge.

Answer 2

B

Question 3

When challenging prospective jurors, counsel have:

A)an unlimited number of challenges for cause.
B)an unlimited number of peremptory challenges.
C)a set number of both types of challenges.
D)whatever challenges the judge awards.

Answer 3

A

Question 4

In a jury trial, the judge:

A)may direct an acquittal or a conviction.
B)may direct an acquittal, but not a conviction.
C)may direct a conviction, but not an acquittal.
D)may not direct any verdict, but must accept the jury's verdict.

Question 5

Voir dire is the process of:

A)examining prospective jurors.
B)selecting the trial judge.
C)establishing proper venue.
D)establishing the court's jurisdiction.

Question 6

A challenge for cause may be made against jurors:

A)who ask to be excused from jury duty.
B)who do not stand impartial in the case.
C)who are not of the same race as the defendant.
D)who are not of the same gender as the defendant.

Question 7

Challenges for cause:

A)must be made prior to voir dire.
B)must be based on jurors' answers to questions.
C)must be based on independent evidence of prejudice.
D)may be based on either b or C

Question 8

The defendant's character is:

A)an issue in every criminal trial.
B)an issue if the prosecution chooses to offer character evidence.
C)an issue if the defense chooses to place character in issue.
D)never an issue in a criminal case.

Question 9

The Sixth Amendment:

A)guarantees unanimous verdicts in all cases.
B)guarantees unanimous verdicts in felony cases.
C)does not guarantee unanimous verdicts.
D)guarantees a verdict by two-thirds majority.

Question 10

The constitutional right to trial by jury does not include:

A)the right to an impartial jury.
B)the right to have the jury selected in a nondiscriminatory manner.
C)the right to a unanimous verdict.
D)the right to any minimum number of jurors.

Question 11

A plea of nolo contendere means that the defendant:

A)admits guilt and accepts the court's punishment.
B)does not admit guilt, but will not contest the prosecution's case.
C)pleads guilty to a lesser included offense.
D)offers an affirmative defense.

Question 12

Trials may be closed to the public:

A)for administrative convenience.
B)with the defendant's consent.
C)with the consent of the news media.
D)only in the most extreme situations.

Question 13

Limiting instructions tell the jury:

A)the time limits within which it must reach a verdict.
B)the legal limits of possible punishment.
C)the proper use to be made of certain evidence.
D)the relevant burdens of proof in the case.

Question 14

Arraignment:

A)identifies the defendant, states the charges, and asks for a plea.
B)identifies the defendant, and accepts a plea to the charges.
C)identifies the defendant, accepts a plea, and reviews any plea agreement.
D)identifies the defendant and counsel in the case.

Question 15

An Alford plea means that the defendant:

A)admits guilt and accepts the court's punishment.
B)pleads guilty to a lesser included offense.
C)pleads guilty but proclaims innocence.
D)offers an affirmative defense.

Question 16

A peremptory challenge may be used:

A)only to strike jurors who are not impartial.
B)only to strike jurors who expressed prejudice.
C)against any juror without stating a reason.
D)against any juror without stating a reason, so long as the challenge is not based on race or gender.

Question 17

A proffer of evidence establishes:

A)what the offered evidence would have been if the trial judge had admitted the evidence.
B)the subject matter of opening arguments.
C)the subject matter of closing arguments.
D)all evidence that counsel hopes to offer in the case.

Question 18

A motion to recuse:

A)asks for a change of venue.
B)asks that the trial be open to the public.
C)asks that the judge step down from the case.
D)asks that jurors be excused.

Question 19

The power of a jury to acquit even when the facts clearly point to conviction is called:

A)an Allen verdict.
B)jury nullification.
C)an Alford verdict.
D)a peremptory challenge.

Question 20

If a defendant refuses to enter a plea, the court will:

A)enter a plea of guilty.
B)enter a plea of nolo contendere.
C)order a psychiatric examination of the defendant.
D)enter a plea of not guilty.

Question 21

The defendant's presence at trial:

A)is absolute, and trial cannot take place without the defendant.
B)can be forfeited by disruptive behavior.
C)is not a constitutional right.
D)is subject to the judge's discretion.