Chapter 2 pt. 3

Question 1

Witnesses are examined in the following order:

1) ______ _________ (by the prosecutor)
2) _____-_________ ( by the defense lawyer)
3) _______ __________ (by the prosecutor)
4) _______-__________ (by the defense lawyer)

Answer 1

1) direct examination
2) cross-examination
3) redirect examination
4) recross-examination

Question 2

Witnesses are examined in the following order:

1) direct examination (by the _________)
2) cross-examination ( by the ________ _______)
3) redirect examination (by the _________)
4) recross-examination (by the ________ _______)

Answer 2

1) prosecutor
2) defense lawyer
3) prosecutor
4) defense lawyer

Question 3

True or False: You cannot ask witnesses leading questions

Answer 3

True

Question 4

What is a leading question?

Answer 4

one that suggests to the witness the desired answer

Question 5

What are the 2 types of evidence?

Answer 5

1) direct evidence

2) circumstantial evidence

Question 6

What is the difference between direct evidence and circumstantial evidence?

Answer 6

direct evidence- evidence based on actual personal knowledge or observation by a witness

circumstantial evidence- evidence that results from deductions and inferences drawn from certain facts

Question 7

________ __________, is evidence presented to destroy the crediblity of witness or any evidence presented by the other side in a case

Answer 7

rebuttal evidence

Question 8

A _______ is a request made orally or in writiing, asking the judge for a legal ruling on a something related to a case

Answer 8

motion

Question 9

What are the most common types of motions?

Answer 9

1) prima facie case
2) motion for a directed verdict of acquittal
3) motion for a mistrial

Question 10

Which type of motion is this:

a case that is strong enough to prevail if it’s not contradicted by the opposing party

Answer 10

prima facie case

Question 11

Which type of motion is this:
a motion filed by the defense seeking acquittal of the accused before the prosecution failed to introduce sufficient evidence to convict the defendant

Answer 11

motion for a directed verdict of acquittal

Question 12

Which type of motion is this:

a motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct

Answer 12

motion for a mistrial

Question 13

___________, an order by the court keeping the jurors together during the trial or deliberation and not allowing them to go home at night or weekends

Answer 13

sequestration

Question 14

_______, is the pronouncement of defendant’s guilt or innocence

Answer 14

verdict

Question 15

What is a hung jury?

Answer 15

a jury that cannot agree to convict or acquit an accused

Question 16

True or False: there’s no constitutional limit on the number of times a defendant can be tried again if the trial results in a hung guy

Answer 16

True

Question 17

Both A motion for a mistrial and A motion for a new trial are filed by the _________.

Answer 17

defense

Question 18

If A motion for a mistrial and A motion for a new trial are _______, the accused can be tried again.

Answer 18

granted

Question 19

Is this A motion for a mistrial or A motion for a new trial:

usually alleges violations of the defendant’s rights during the trial

Answer 19

Motion for a Mistrial

Question 20

Is this A motion for a mistrial or A motion for a new trial:

usually alleges violations of the defendant’s rights before or during the trial

Answer 20

Motion for a New Trial

Question 21

Is this A motion for a mistrial or A motion for a new trial:

filed before the judge or jury renders a verdict

Answer 21

Motion of a Mistrial

Question 22

Is this A motion for a mistrial or A motion for a new trial:

filed after a judge or jury renders a guilty verdict

Answer 22

Motion for a New Trial

Question 23

Is this A motion for a mistrial or A motion for a new trial:

usually filed during the trial

Answer 23

Motion for a Mistrial

Question 24

Is this A motion for a mistrial or A motion for a new trial:

may be filed months or years after the trial

Answer 24

Motion for a New Trial

Question 25

Is this A motion for a mistrial or A motion for a new trial:

filed before the defendant starts their sentence

Answer 25

Motion for a Mistrial

Question 26

Is this A motion for a mistrial or A motion for a new trial:

may be filed while defendant is serving their sentence

Answer 26

Motion for a New Trial

Question 27

_____ __________ is when a jury decides a case contrary to the weight of the evidence presented during trial

Answer 27

Jury Nullificaction

Question 28

Jury Nullification usually takes places in 2 instances.

Answer 28

1) when the jury sumpathisizes with a guilty defendant

2) when the law is controversial or morally debatable

Question 29

What are the different types of sentencing?

Answer 29

1) fixed sentencing
2) determinate sentences
3) indeterminate sentences

Question 30

What is the difference between fixed sentencing and determinate sentences?

Answer 30

Fixed sentencing- a specific type and length of sentence imposed by law
Determinate sentences- there’s a minimum and maximum time imposed, but the range is narrow

Question 31

What is the difference between determinate sentences and indeterminate sentences?

Answer 31

Determinate sentences- there’s a minimum and maximum time imposed, but the range is narrow
Indeterminate sentences- has a minimum and maximum, but the gap is huge

Question 32

What is the difference between fixed sentencing and indeterminate sentences?

Answer 32

Fixed sentencing- a specific type and length of sentence imposed by law
Indeterminate sentences- has a minimum and maximum, but the gap is huge

Question 33

_________ _________, is a trial procedure where the guilt innocence stage and the sentencing stage are seperate

Answer 33

bifurcated procedure

Question 34

What is the rule of four?

Answer 34

the court’s practice of accepting on appealed case only if far out of nine court members vote to do so

Question 35

What is affirmation?

Answer 35

the decision of the lower court is upheld on appeal

Question 36

What is a reversal?

Answer 36

the decision of the lower court is overthrown on appeal

Question 37

_______-____-_______ _________, the lower court’s decision is reversed but the lower court can hear further arguments and giver another decision in the case

Answer 37

Reverse-and-reamnd decision

Question 38

________ _______, is a writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detained in court and explain why detention should be continued

Answer 38

Habeas Corpus

Question 39

_______ ______ is latin for “you have the body”

Answer 39

Habeas Corpus

Question 40

What is the difference between felony and misdemeanor?

Answer 40

Felony- a crime usually punishable by death or imprisonment in a prison for more than one year
Misdemanor- a crime usally punishable with jail time or other