Chapter 1 - The Role of the Judge at Trial/ Burden of Proof at Trial (Evidence Book p. 35-36)

Question 1

Judges, especially _______ judges have a good deal of control and discretion in administering their courtrooms and getting involved at trial.

Answer 1

federalW

Question 2

What rule gives courts broad control to set the mode and order of witnesses and question them as well.

Answer 2

Rule 611

Question 3

Although judges may generally comment on the evidence produced at trial, they must do so in such a manner that they appear to be neutral, especially when it comes to a credibility determination of a witness. True or False.

Answer 3

True

Question 4

United States v. Yates deals with what?

Answer 4

Commenting on Evidence

Question 5

Although judges may generally comment on the evidence produced at trial, they must do so in such a manner that they appear to be ________, especially when it comes to a ___________ determination of a _______.

Answer 5

neutral
credibility
witness

Question 6

Crandell v. United States deals with what?

Answer 6

Questioning Witnesses

Question 7

Although judges may pose questions to witnesses, they must do so in a way that they appear to be neutral; therefore, hostile, leading, or rhetorical questions, especially if asked in a doubting or challenging tone, should be avoided. Questions should be impartial. True or False.

Answer 7

True

Question 8

The burden of proof is generally on the ____________________.

Answer 8

plaintiff/ prosecution

Question 9

The burden of proof is generally on the plaintiff/ prosecution, as they are the ones asking to change the status quo (however, the burden can switch to the defendant if he poses an __________ ___________, or in other circumstances.

Answer 9

affirmative defense

Question 10

The burden of proof has two parts:

Answer 10

1. The burden of Production
2. Burden of Persuasion

Question 11

This is a requirement to produce some actual evidence supporting a legal claim or allegation, much like the summary judgment/ directed verdict standard in Civil Procedure (where the judge decides, as a matter of law, whether there is sufficient evidence for the jury to weigh at trial.)

Answer 11

Burden of Production

Question 12

This is a requirement to convince the jury to weigh the evidence produced at trial in the favor of the party with the burden, according to the applicable standard of proof.

Answer 12

Burden of Persuasion

Question 13

The amount of proof necessary to find in a party’s favor.

Answer 13

Standards of Proof

Question 14

What are the 3 standards of proof?

Answer 14

Preponderance of the Evidence
Clear and Convincing
Beyond a Reasonable Doubt

Question 15

This is the “more likely than not” standard. The balance only needs to be slightly tipped in favor of the party with the burden (greater than 50%).

Answer 15

Preponderance of the Evidence

Question 16

Explain Preponderance of the Evidence

Answer 16

This is the “more likely than not” standard. The balance only needs to be slightly tipped in favor of the party with the burden (greater than 50%).

Question 17

The balance needs to be tipped fairly strongly in favor of the party with the burden (generally considered around 75%).

Answer 17

Clear and Convincing

Question 18

Explain Clear and Convincing

Answer 18

The balance needs to be tipped fairly strongly in favor of the party with the burden (generally considered around 75%).

Question 19

In criminal cases, the balance needs to be tipped very strongly in favor of the prosecution (generally considered around 90-95%.)

Answer 19

Beyond a Reasonable Doubt

Question 20

Explain Beyond a Reasonable Doubt

Answer 20

In criminal cases, the balance needs to be tipped very strongly in favor of the prosecution (generally considered around 90-95%.)