Chapter 2 pt. 3 Flashcards
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)
1) direct examination
2) cross-examination
3) redirect examination
4) recross-examination
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 ________ _______)
1) prosecutor
2) defense lawyer
3) prosecutor
4) defense lawyer
True or False: You cannot ask witnesses leading questions
True
What is a leading question?
one that suggests to the witness the desired answer
What are the 2 types of evidence?
1) direct evidence
2) circumstantial evidence
What is the difference between direct evidence and circumstantial evidence?
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
________ __________, is evidence presented to destroy the crediblity of witness or any evidence presented by the other side in a case
rebuttal evidence
A _______ is a request made orally or in writiing, asking the judge for a legal ruling on a something related to a case
motion
What are the most common types of motions?
1) prima facie case
2) motion for a directed verdict of acquittal
3) motion for a mistrial
Which type of motion is this:
a case that is strong enough to prevail if it’s not contradicted by the opposing party
prima facie case
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
motion for a directed verdict of acquittal
Which type of motion is this:
a motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct
motion for a mistrial
___________, 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
sequestration
_______, is the pronouncement of defendant’s guilt or innocence
verdict
What is a hung jury?
a jury that cannot agree to convict or acquit an accused
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
True
Both A motion for a mistrial and A motion for a new trial are filed by the _________.
defense
If A motion for a mistrial and A motion for a new trial are _______, the accused can be tried again.
granted
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
Motion for a Mistrial
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
Motion for a New Trial
Is this A motion for a mistrial or A motion for a new trial:
filed before the judge or jury renders a verdict
Motion of a Mistrial
Is this A motion for a mistrial or A motion for a new trial:
filed after a judge or jury renders a guilty verdict
Motion for a New Trial
Is this A motion for a mistrial or A motion for a new trial:
usually filed during the trial
Motion for a Mistrial
Is this A motion for a mistrial or A motion for a new trial:
may be filed months or years after the trial
Motion for a New Trial
Is this A motion for a mistrial or A motion for a new trial:
filed before the defendant starts their sentence
Motion for a Mistrial
Is this A motion for a mistrial or A motion for a new trial:
may be filed while defendant is serving their sentence
Motion for a New Trial
_____ __________ is when a jury decides a case contrary to the weight of the evidence presented during trial
Jury Nullificaction
Jury Nullification usually takes places in 2 instances.
1) when the jury sumpathisizes with a guilty defendant
2) when the law is controversial or morally debatable
What are the different types of sentencing?
1) fixed sentencing
2) determinate sentences
3) indeterminate sentences
What is the difference between fixed sentencing and determinate sentences?
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
What is the difference between determinate sentences and indeterminate sentences?
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
What is the difference between fixed sentencing and indeterminate sentences?
Fixed sentencing- a specific type and length of sentence imposed by law
Indeterminate sentences- has a minimum and maximum, but the gap is huge
_________ _________, is a trial procedure where the guilt innocence stage and the sentencing stage are seperate
bifurcated procedure
What is the rule of four?
the court’s practice of accepting on appealed case only if far out of nine court members vote to do so
What is affirmation?
the decision of the lower court is upheld on appeal
What is a reversal?
the decision of the lower court is overthrown on appeal
_______-____-_______ _________, the lower court’s decision is reversed but the lower court can hear further arguments and giver another decision in the case
Reverse-and-reamnd decision
________ _______, 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
Habeas Corpus
_______ ______ is latin for “you have the body”
Habeas Corpus
What is the difference between felony and misdemeanor?
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
