Chapter 12- Trials & Juries

Question 1

venire

Answer 1

clerks of court randomly draw names from the master jury list and then send the persons chosen a questionnaire requesting information on their eligibility to serve as jurors.

Question 2

challenge for cause

Answer 2

method for removing someone from a jury, whether it be for bias or prejudgment

Question 3

Burden of proof

Answer 3

is the duty of affirmatively providing the facts in dispute in the case

Question 4

Evidence

Answer 4

all information presented at trial

Question 5

Real Evidence

Answer 5

objects of any kind- guns, document, business records, etc.

Question 6

Testimonies

Answer 6

apart of real evidence, though they are statements by witnesses

Question 7

Direct evidence

Answer 7

proof of facts without the need of other facts leading up to it.

Question 8

Circumstantial evidence

Answer 8

evidence that indirectly proves a main fact in question

Question 9

Master jury list

Answer 9

representative cross list of the community— voter registration lists are used to assemble names

Question 10

Statutory exemptions

Answer 10

written by doctors, lawyers, educators, etc. & undue hardship

Question 11

Opening statement

Answer 11

address made by attorneys for both parties at the beginning of a trial in which they outlined for the jury what they intend to prove in their case

Question 12

beyond a reasonable doubt

Answer 12

legal yardstick measuring sufficiency of the evidence

Question 13

Use of DNA is still a debate

Answer 13

a. Reliability of crime labs crime labs are processing more cases than ever before, not able to meet the demands
b. Most identified with the issue of innocents on death row.

Question 14

Witness: Direct examination

Answer 14

consists of questioning by the attorney for the party who calls the witness. Time to establish the facts

Question 15

Witness: Cross examination

Answer 15

offers the opportunity to attack the credibility of the opponent’s witness and his testimony and is limited to matters covered on direct examination

Question 16

Redirect examination

Answer 16

questioning by the attorney who conducted the direct examination. Rehabilitates a witness following cross-examination- recapture their credibility.
Adversary purpose is to find the truth
(clear stuff from cross examination)

Question 17

voir dire

Answer 17

The process by which prospective jurors are questioned to ascertain if there is cause to remove them from the jury.

Question 18

prejudicial pretrial publicity

Answer 18

Prejudicial information, often inadmissible at trial, that is circulated by the news media before a trial and reduces the defendant’s chances of a trial before an impartial jury.

(news can ruin the impartiality of the case)

Question 19

Jury Nullification

Answer 19

The right of juries to nullify or refuse to apply law in criminal cases despite facts that leave no reasonable doubt the law was violated

when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation charged.

Question 20

Leading questions

Answer 20

questions that suggest an answer

Question 21

Hearsay

Answer 21

secondhand evidence. it is a testimony a witness provides that is not based on personal knowledge but the repetition of what another people said.

Question 22

irrelevant

Answer 22

evidence not related to the trial (percent times the person have convicted says nothing about their intent to act upon another crime)

Question 23

Bench Trial

Answer 23

Trial conducted without a jury in which the judge serves as the trier of fact

(Without a jury/ judge is trier of facts)

Question 24

Jury Instructions

Answer 24

include discussion of the general legal principles as well as specific instructions concerning the law governing the current case. They represent a formal detailed lecture on the law which makes them careful with their wording

(law governing a certain case & Legal principles)

Question 25

When are jury instructions conducted?

Answer 25

The judge and attorneys prepared the jury instructions during the charging conference. each side draft suggested instructions, and the judge chooses the one that seems most appropriate.

(charging conference)

Question 26

Change of venue

Answer 26

removal of a case from one jurisdiction to another. It is usually granted if the court believes that a defendant cannot receive a fair trial in the area where the crime occurred

Question 27

petty offenses

Answer 27

enjoy no constitutional right to be tried by a jury of their peers

Question 28

Sixth amendment:

Answer 28

covers only adult criminals charged with serious offenses,

Question 29

Preponderance of evidence

Answer 29

IN civil law, the standard of proof required to prevail at trial. For a plaintiff to win ,he or she must show that the greater weight, or preponderance of the evidence, supports his or her version oft he fact

(standard of proof needs to be seen/more then opponents)

Question 30

Peremptory challenges

Answer 30

Method used to remove a potential juror from the jury without specifying the reason fordoing so

(getting rid of a juror for no reason)
REMP_RID

Question 31

Expert Witness

Answer 31

Special class of witnesses who possesses special knowledge or expertise. They are allowed to testify at trial not only about facts but also about the professional conclusions they draw from those facts.

Question 32

“general acceptance”

Answer 32

determines the admissibility of novel scientific evidence at trial.

determines if novel scientific evidence is valid for trial

Question 33

Rebuttal

Answer 33

“After the defense rests its case, the moving party may call rebuttal witnesses
Evidence may be presented in rebuttal that could not have been used during the prosecution’s case in chief.

Question 34

Many lawyers believe burden of proof is weak…

Answer 34

because the defense attorney must find ways to deny the allegations

Question 35

Hung Jury

Answer 35

is jury cannot have an answer for the verdict

Question 36

Gag order

Answer 36

cannot discuss the trial with outsiders

Question 37

sequester

Answer 37

To isolate from the community. Applies to jury members until they reach a final verdict.

Question 38

Individual questions?

Answer 38

get him out ofjail

Question 39

Legal questions?

Answer 39

should bets/other decisions be overturned

Question 40

Law questions?

Answer 40

Does the constitution entitle all criminal defendants to an attorney?

Question 41

Policy questions?

Answer 41

How will the state/local government pay for this? Where will the lawyers come from?

Question 42

Practical implications?

Answer 42

will we need to retry all cases previously tried without a lawyer?

Question 43

At the appellate level…..

Answer 43

all about questions of law, not about fact

Question 44

(AL) the brief is what _______

Answer 44

makes or breaks the case

Question 45

Plurality opinions

Answer 45

determine outcome, no precedent is set

Question 46

concurring opinion

Answer 46

agrees with the disposition, but disagrees about why