New Trial

Description: This quiz will test your knowledge on the legal concept of a new trial.
Number of Questions: 14
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Tags: law trial law new trial
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What is a new trial?

  1. A trial that is held after the first trial has been completed.

  2. A trial that is held to determine if the verdict of the first trial was correct.

  3. A trial that is held to determine if the defendant is guilty or not guilty.

  4. A trial that is held to determine if the defendant should be sentenced to death.


Correct Option: A
Explanation:

A new trial is a trial that is held after the first trial has been completed. This can happen for a variety of reasons, such as if the verdict of the first trial was overturned on appeal, or if the defendant was granted a new trial by the judge.

What are some of the grounds for a new trial?

  1. The verdict was against the weight of the evidence.

  2. The judge made an error of law.

  3. The prosecutor withheld evidence from the defense.

  4. The defendant was denied a fair trial.


Correct Option:
Explanation:

There are a variety of grounds for a new trial, including: the verdict was against the weight of the evidence, the judge made an error of law, the prosecutor withheld evidence from the defense, and the defendant was denied a fair trial.

Who can file a motion for a new trial?

  1. The defendant

  2. The prosecutor

  3. The judge

  4. All of the above


Correct Option:
Explanation:

A motion for a new trial can be filed by the defendant, the prosecutor, or the judge.

What is the standard of review for a motion for a new trial?

  1. The trial court must find that there is a reasonable likelihood that the verdict would have been different if the error had not occurred.

  2. The trial court must find that the error was harmless.

  3. The trial court must find that the error was prejudicial.

  4. All of the above.


Correct Option: D
Explanation:

The standard of review for a motion for a new trial is that the trial court must find that there is a reasonable likelihood that the verdict would have been different if the error had not occurred, that the error was harmless, and that the error was prejudicial.

What are the consequences of a successful motion for a new trial?

  1. The verdict of the first trial is overturned.

  2. The defendant is granted a new trial.

  3. The prosecutor is barred from retrying the defendant.

  4. All of the above.


Correct Option: B
Explanation:

The consequence of a successful motion for a new trial is that the defendant is granted a new trial.

What is the difference between a new trial and a retrial?

  1. A new trial is a trial that is held after the first trial has been completed, while a retrial is a trial that is held after the verdict of the first trial has been overturned on appeal.

  2. A new trial is a trial that is held to determine if the verdict of the first trial was correct, while a retrial is a trial that is held to determine if the defendant is guilty or not guilty.

  3. A new trial is a trial that is held to determine if the defendant should be sentenced to death, while a retrial is a trial that is held to determine if the defendant is guilty or not guilty.

  4. None of the above.


Correct Option: A
Explanation:

A new trial is a trial that is held after the first trial has been completed, while a retrial is a trial that is held after the verdict of the first trial has been overturned on appeal.

What are some of the factors that a court will consider when deciding whether to grant a new trial?

  1. The nature of the error that occurred.

  2. The severity of the error.

  3. The likelihood that the error affected the outcome of the trial.

  4. All of the above.


Correct Option: D
Explanation:

When deciding whether to grant a new trial, a court will consider the nature of the error that occurred, the severity of the error, and the likelihood that the error affected the outcome of the trial.

What is the purpose of a new trial?

  1. To correct an error that occurred in the first trial.

  2. To ensure that the defendant receives a fair trial.

  3. To give the defendant a second chance to prove their innocence.

  4. All of the above.


Correct Option: D
Explanation:

The purpose of a new trial is to correct an error that occurred in the first trial, to ensure that the defendant receives a fair trial, and to give the defendant a second chance to prove their innocence.

What are the chances of getting a new trial?

  1. Less than 1%

  2. 1-5%

  3. 5-10%

  4. 10-20%


Correct Option: B
Explanation:

The chances of getting a new trial are very low. According to the National Registry of Exonerations, only about 1-5% of defendants who file a motion for a new trial are successful.

What are some of the common errors that can lead to a new trial?

  1. The judge made an error of law.

  2. The prosecutor withheld evidence from the defense.

  3. The defendant was denied a fair trial.

  4. All of the above.


Correct Option: D
Explanation:

Some of the common errors that can lead to a new trial include: the judge made an error of law, the prosecutor withheld evidence from the defense, and the defendant was denied a fair trial.

What is the difference between a new trial and an appeal?

  1. A new trial is a trial that is held after the first trial has been completed, while an appeal is a process by which a higher court reviews the decision of a lower court.

  2. A new trial is a trial that is held to determine if the verdict of the first trial was correct, while an appeal is a process by which a higher court determines if the law was correctly applied in the lower court.

  3. A new trial is a trial that is held to determine if the defendant should be sentenced to death, while an appeal is a process by which a higher court determines if the sentence imposed by the lower court was appropriate.

  4. None of the above.


Correct Option: A
Explanation:

A new trial is a trial that is held after the first trial has been completed, while an appeal is a process by which a higher court reviews the decision of a lower court.

What are the time limits for filing a motion for a new trial?

  1. The motion must be filed within 10 days of the verdict.

  2. The motion must be filed within 30 days of the verdict.

  3. The motion must be filed within 60 days of the verdict.

  4. The motion must be filed within 90 days of the verdict.


Correct Option: A
Explanation:

The time limits for filing a motion for a new trial vary from jurisdiction to jurisdiction. However, in most jurisdictions, the motion must be filed within 10 days of the verdict.

What is the role of the jury in a new trial?

  1. The jury decides whether the defendant is guilty or not guilty.

  2. The jury decides whether the verdict of the first trial was correct.

  3. The jury decides whether the defendant should be sentenced to death.

  4. None of the above.


Correct Option: B
Explanation:

In a new trial, the jury decides whether the verdict of the first trial was correct.

What is the role of the judge in a new trial?

  1. The judge decides whether the defendant is guilty or not guilty.

  2. The judge decides whether the verdict of the first trial was correct.

  3. The judge decides whether the defendant should be sentenced to death.

  4. None of the above.


Correct Option: B
Explanation:

In a new trial, the judge decides whether the verdict of the first trial was correct.

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