Mistrial

Description: Mistrial Quiz: Test Your Knowledge of Trial Law
Number of Questions: 15
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Tags: trial law mistrial legal procedure
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What is the term used to describe a trial that has been declared invalid and must be started over?

  1. Retrial

  2. Mistrial

  3. Hung Jury

  4. Directed Verdict


Correct Option: B
Explanation:

A mistrial is a trial that has been declared invalid and must be started over due to an error or irregularity in the proceedings.

In which of the following situations is a mistrial most likely to be declared?

  1. The jury cannot reach a unanimous verdict

  2. The judge makes a mistake in instructing the jury

  3. A witness refuses to testify

  4. The defendant changes their plea to guilty


Correct Option: B
Explanation:

A mistrial is most likely to be declared when the judge makes a mistake in instructing the jury, as this could lead to an unfair trial.

What is the primary purpose of declaring a mistrial?

  1. To punish the defendant

  2. To ensure a fair trial

  3. To delay the trial

  4. To dismiss the charges against the defendant


Correct Option: B
Explanation:

The primary purpose of declaring a mistrial is to ensure that the defendant receives a fair trial, as an error or irregularity in the proceedings could lead to an unfair outcome.

Which of the following is NOT a common reason for declaring a mistrial?

  1. Jury misconduct

  2. Prosecutorial misconduct

  3. Witness tampering

  4. Change of venue


Correct Option: D
Explanation:

A change of venue is not a common reason for declaring a mistrial, as it simply moves the trial to a different location.

Can a mistrial be declared after the jury has reached a verdict?

  1. Yes

  2. No


Correct Option: A
Explanation:

A mistrial can be declared after the jury has reached a verdict if the judge determines that there was an error or irregularity in the proceedings that could have affected the outcome of the trial.

What happens to the charges against the defendant after a mistrial is declared?

  1. They are dropped

  2. They are dismissed

  3. They are retried

  4. They are expunged


Correct Option: C
Explanation:

After a mistrial is declared, the charges against the defendant are typically retried, as the mistrial simply means that the trial must be started over.

Can a mistrial be declared more than once in the same case?

  1. Yes

  2. No


Correct Option: A
Explanation:

A mistrial can be declared more than once in the same case if there are multiple errors or irregularities in the proceedings.

Who has the authority to declare a mistrial?

  1. The judge

  2. The jury

  3. The prosecutor

  4. The defense attorney


Correct Option: A
Explanation:

The judge has the authority to declare a mistrial if they determine that there is an error or irregularity in the proceedings that could affect the outcome of the trial.

What is the impact of a mistrial on the defendant's right to a speedy trial?

  1. It tolls the speedy trial clock

  2. It resets the speedy trial clock

  3. It has no impact on the speedy trial clock

  4. It extends the speedy trial clock


Correct Option: A
Explanation:

A mistrial tolls the speedy trial clock, meaning that the time spent on the mistrial does not count towards the time limit for bringing the defendant to trial.

Can a mistrial be appealed?

  1. Yes

  2. No


Correct Option: A
Explanation:

A mistrial can be appealed if the defendant believes that the judge erred in declaring a mistrial.

What is the most common type of mistrial?

  1. Jury deadlock

  2. Prosecutorial misconduct

  3. Witness tampering

  4. Judicial error


Correct Option: A
Explanation:

Jury deadlock is the most common type of mistrial, occurring when the jury cannot reach a unanimous verdict.

Can a mistrial be declared before the trial begins?

  1. Yes

  2. No


Correct Option: A
Explanation:

A mistrial can be declared before the trial begins if the judge determines that there is an error or irregularity in the proceedings that could affect the outcome of the trial.

What is the difference between a mistrial and a hung jury?

  1. A mistrial is declared by the judge, while a hung jury is declared by the jury

  2. A mistrial is declared before the trial begins, while a hung jury is declared after the trial begins

  3. A mistrial results in a new trial, while a hung jury results in a dismissal of the charges

  4. A mistrial is more common than a hung jury


Correct Option: A
Explanation:

The primary difference between a mistrial and a hung jury is that a mistrial is declared by the judge, while a hung jury is declared by the jury.

What is the impact of a mistrial on the prosecution's case?

  1. It strengthens the prosecution's case

  2. It weakens the prosecution's case

  3. It has no impact on the prosecution's case

  4. It dismisses the prosecution's case


Correct Option: B
Explanation:

A mistrial typically weakens the prosecution's case, as it means that the prosecution must start over and may have difficulty presenting the same evidence a second time.

What is the impact of a mistrial on the defendant's case?

  1. It strengthens the defendant's case

  2. It weakens the defendant's case

  3. It has no impact on the defendant's case

  4. It dismisses the defendant's case


Correct Option: A
Explanation:

A mistrial typically strengthens the defendant's case, as it means that the prosecution must start over and may have difficulty presenting the same evidence a second time.

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