Trial Process and Procedures

Question 1

What is considered the burden of proof in a criminal trial?

Answer 1

Beyond a reasonable doubt

Question 2

What right does not apply to defendants in municipal courts?

Answer 2

The right to have a court appointed attorney

Question 3

What process may a municipal court clerk issues?

Answer 3

Subpoena

Question 4

Under which circumstance may a continuance be granted?

Answer 4

On written motion upon sufficient cause shown and noted

Question 5

What is the proper term for when a court pronounces judgement?

Answer 5

Adjudication

Question 6

What is a challenge to the array?

Answer 6

A motion that the entire jury panel be discharged because they were chosen with a bias

Question 7

Wh is “The Rule”?

Answer 7

A motion asking the court to keep all witnesses outside the courtroom so that they do not hear each other’s testimony.

Question 8

What is the venire?

Answer 8

A list of prospective jurors

Question 9

What is not a valid legal exemption that a potential juror could claim?

Answer 9

The person has a business meeting out of town

Question 10

The clerk’s role in the trial process includes:

Answer 10

Managing administrative processes on the day to trial

Question 11

When establishing procedures for citizens’ complainants, clerks should work with:

Answer 11

The prosecutor

Question 12

If the court determines that the offense involved family violence, the court shall:

Answer 12

Make an affirmative finding and enter it in the judgement.

Question 13

When the clerk receives a Motion for New Trial, the clerk should:

Answer 13

Notify the judge immediately

Question 14

True/False

Municipal courts are required to try all cases within 60 days of the request for trial.

Answer 14

False

Question 15

True/False

The court is still required to post the court docket in a public place even if the court provides internet access.

Answer 15

False

Question 16

True/False

Proper signage throughout the court facility will help provide guidance to court participants.

Answer 16

True

Question 17

True/False
The court may subpoena the parents or person having custody, care, or control of child to produce a child witness in court.

Answer 17

True

Question 18

True/False

A subpoena duces tecum requests a witness to bring with him or her something tangible that is desired as evidence.

Answer 18

True

Question 19

True/False

Pre-trial hearings provide an effective means of caseflow management.

Answer 19

True

Question 20

True/False
If a court cannot locate a certified interpreter within 75 miles of the court and if the language needed is one other than Spanish, the court may appoint a spoken language interpreter.

Answer 20

True

Question 21

True/False

A person who does not reside within the city may not serve as a juror in municipal court

Answer 21

True

Question 22

True/False

Personal information about jurors is public information and clerks may give it to anyone who asks.

Answer 22

False

Question 23

True/False

When someone files a permanent exemptions from jury service, the clerk must notify the county tax assessor/collector.

Answer 23

True

Question 24

True/False

A person who is deaf or hearing impaired may not serve as a juror.

Answer 24

False

Question 25

True/False
A person who fails to appear for jury duty may be charged with the offense of failure to appear and assessed a fine of $500.

Answer 25

False

Question 26

True/False

Municipal courts are required to pay jurors.

Answer 26

False

Question 27

True/False

Only the defense may request that a jury be shuffled.

Answer 27

False

Question 28

True/False

Only the six jurors who hear a case are required to read the juror handbook.

Answer 28

False

Question 29

True/False

A peremptory challenge to a juror is commonly called a strike.

Answer 29

True

Question 30

True/False
If a defendant fails to appear for jury trial, the judge may find the defendant “guilty in absentia” and assess the maximum fine.

Answer 30

False