Trial Procedure
| Description: This quiz covers various aspects of Trial Procedure, including the roles of different parties, evidence presentation, and legal arguments. | |
| Number of Questions: 14 | |
| Created by: Aliensbrain Bot | |
| Tags: trial procedure criminal law evidence |
In a criminal trial, who has the burden of proof?
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The prosecution
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The defense
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The judge
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The jury
In a criminal trial, the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty of the crime charged.
What is the role of the defense attorney in a criminal trial?
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To represent the defendant and protect their rights
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To present evidence against the defendant
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To argue for the defendant's guilt
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To assist the judge in making a decision
The defense attorney's role is to represent the defendant and protect their rights throughout the trial process.
What is the difference between direct evidence and circumstantial evidence?
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Direct evidence proves a fact directly, while circumstantial evidence proves a fact indirectly.
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Direct evidence is more reliable than circumstantial evidence.
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Circumstantial evidence is more reliable than direct evidence.
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Direct evidence is always admissible in court, while circumstantial evidence is not.
Direct evidence proves a fact directly, while circumstantial evidence proves a fact indirectly by inference.
What is the hearsay rule?
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A rule that prohibits the admission of out-of-court statements that are offered to prove the truth of the matter asserted.
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A rule that prohibits the admission of evidence that is not relevant to the case.
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A rule that prohibits the admission of evidence that is prejudicial to the defendant.
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A rule that prohibits the admission of evidence that is obtained illegally.
The hearsay rule prohibits the admission of out-of-court statements that are offered to prove the truth of the matter asserted because they are generally considered to be unreliable.
What is the purpose of cross-examination?
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To test the credibility of a witness
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To introduce new evidence into the trial
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To impeach the witness's testimony
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All of the above
The purpose of cross-examination is to test the credibility of a witness, introduce new evidence into the trial, and impeach the witness's testimony.
What is the role of the jury in a criminal trial?
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To decide whether the defendant is guilty or not guilty
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To determine the sentence if the defendant is found guilty
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To decide whether the evidence is sufficient to convict the defendant
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All of the above
The jury's role in a criminal trial is to decide whether the defendant is guilty or not guilty, to determine the sentence if the defendant is found guilty, and to decide whether the evidence is sufficient to convict the defendant.
What is the difference between a mistrial and a hung jury?
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A mistrial is declared when the jury cannot reach a verdict, while a hung jury is declared when the jury is deadlocked.
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A mistrial is declared when the judge makes a mistake during the trial, while a hung jury is declared when the jury cannot reach a verdict.
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A mistrial is declared when the prosecutor or defense attorney makes a mistake during the trial, while a hung jury is declared when the jury cannot reach a verdict.
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A mistrial is declared when the jury is unable to reach a verdict after a reasonable amount of time, while a hung jury is declared when the jury is deadlocked.
A mistrial is declared when the jury cannot reach a verdict after a reasonable amount of time, while a hung jury is declared when the jury is deadlocked and unable to reach a verdict.
What is the purpose of closing arguments?
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To summarize the evidence and arguments presented during the trial
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To persuade the jury to reach a particular verdict
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To provide the jury with instructions on how to apply the law to the facts of the case
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All of the above
The purpose of closing arguments is to summarize the evidence and arguments presented during the trial, to persuade the jury to reach a particular verdict, and to provide the jury with instructions on how to apply the law to the facts of the case.
What is the role of the judge in a criminal trial?
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To preside over the trial and ensure that it is conducted fairly
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To decide whether the defendant is guilty or not guilty
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To determine the sentence if the defendant is found guilty
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All of the above
The judge's role in a criminal trial is to preside over the trial and ensure that it is conducted fairly, not to decide whether the defendant is guilty or not guilty or to determine the sentence if the defendant is found guilty.
What is the difference between a bench trial and a jury trial?
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In a bench trial, the judge decides the case, while in a jury trial, the jury decides the case.
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In a bench trial, the defendant has the right to a lawyer, while in a jury trial, the defendant does not have the right to a lawyer.
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In a bench trial, the evidence is presented to the judge in writing, while in a jury trial, the evidence is presented to the jury orally.
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In a bench trial, the defendant can choose to waive their right to a jury trial, while in a jury trial, the defendant cannot choose to waive their right to a jury trial.
The difference between a bench trial and a jury trial is that in a bench trial, the judge decides the case, while in a jury trial, the jury decides the case.
What is the purpose of a voir dire?
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To select the jury for the trial
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To question the jurors about their qualifications and potential biases
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To determine whether the jurors are impartial
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All of the above
The purpose of a voir dire is to select the jury for the trial, to question the jurors about their qualifications and potential biases, and to determine whether the jurors are impartial.
What is the difference between a plea bargain and a trial?
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In a plea bargain, the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence, while in a trial, the defendant does not plead guilty and the case goes to trial.
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In a plea bargain, the defendant has the right to a lawyer, while in a trial, the defendant does not have the right to a lawyer.
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In a plea bargain, the evidence is presented to the judge in writing, while in a trial, the evidence is presented to the jury orally.
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In a plea bargain, the defendant can choose to waive their right to a trial, while in a trial, the defendant cannot choose to waive their right to a trial.
The difference between a plea bargain and a trial is that in a plea bargain, the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence, while in a trial, the defendant does not plead guilty and the case goes to trial.
What is the purpose of a sentencing hearing?
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To determine the sentence that the defendant will receive if they are found guilty
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To allow the defendant to make a statement before the court
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To allow the victim to make a statement before the court
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All of the above
The purpose of a sentencing hearing is to determine the sentence that the defendant will receive if they are found guilty, to allow the defendant to make a statement before the court, and to allow the victim to make a statement before the court.
What is the difference between a direct appeal and a collateral attack?
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A direct appeal challenges the conviction or sentence on the basis of errors that occurred during the trial, while a collateral attack challenges the conviction or sentence on the basis of errors that occurred outside of the trial.
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A direct appeal is filed within a certain time period after the conviction or sentence, while a collateral attack can be filed at any time.
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A direct appeal is reviewed by the same court that issued the conviction or sentence, while a collateral attack is reviewed by a different court.
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All of the above
The difference between a direct appeal and a collateral attack is that a direct appeal challenges the conviction or sentence on the basis of errors that occurred during the trial, while a collateral attack challenges the conviction or sentence on the basis of errors that occurred outside of the trial, a direct appeal is filed within a certain time period after the conviction or sentence, while a collateral attack can be filed at any time, and a direct appeal is reviewed by the same court that issued the conviction or sentence, while a collateral attack is reviewed by a different court.