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Appeals and Post-Conviction Remedies

Description: This quiz covers the topic of Appeals and Post-Conviction Remedies in criminal procedure. It includes questions on the various types of appeals, the grounds for appeal, the procedures for filing an appeal, and the remedies available to a defendant on appeal.
Number of Questions: 15
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Tags: criminal procedure appeals post-conviction remedies
Attempted 0/15 Correct 0 Score 0

What is the highest court in the United States?

  1. The Supreme Court of the United States

  2. The United States Court of Appeals

  3. The United States District Court

  4. The United States Court of Claims


Correct Option: A
Explanation:

The Supreme Court of the United States is the highest court in the United States. It has the power to review decisions of lower courts and to interpret the Constitution and federal laws.

What is the purpose of an appeal?

  1. To challenge the verdict of a jury

  2. To overturn a conviction

  3. To obtain a new trial

  4. All of the above


Correct Option: D
Explanation:

An appeal is a legal process by which a defendant can challenge the verdict of a jury, overturn a conviction, or obtain a new trial.

What are the grounds for appeal?

  1. Errors of law

  2. Errors of fact

  3. Newly discovered evidence

  4. All of the above


Correct Option: D
Explanation:

The grounds for appeal include errors of law, errors of fact, newly discovered evidence, and other legal errors.

What is the procedure for filing an appeal?

  1. File a notice of appeal with the trial court

  2. File a brief with the appellate court

  3. Attend oral argument before the appellate court

  4. All of the above


Correct Option: D
Explanation:

The procedure for filing an appeal includes filing a notice of appeal with the trial court, filing a brief with the appellate court, and attending oral argument before the appellate court.

What are the remedies available to a defendant on appeal?

  1. Reversal of the conviction

  2. New trial

  3. Reduction of sentence

  4. All of the above


Correct Option: D
Explanation:

The remedies available to a defendant on appeal include reversal of the conviction, new trial, reduction of sentence, and other remedies.

What is the difference between a direct appeal and a collateral attack?

  1. A direct appeal challenges the conviction, while a collateral attack challenges the sentence.

  2. A direct appeal is filed with the trial court, while a collateral attack is filed with the appellate court.

  3. A direct appeal is filed within a certain time limit, while a collateral attack can be filed at any time.

  4. All of the above


Correct Option: D
Explanation:

A direct appeal challenges the conviction, while a collateral attack challenges the sentence. A direct appeal is filed with the trial court, while a collateral attack is filed with the appellate court. A direct appeal is filed within a certain time limit, while a collateral attack can be filed at any time.

What is the most common type of post-conviction remedy?

  1. Habeas corpus

  2. Motion to vacate sentence

  3. Writ of error coram nobis

  4. All of the above


Correct Option: A
Explanation:

Habeas corpus is the most common type of post-conviction remedy. It is a writ that is used to challenge the legality of a person's imprisonment.

What is the purpose of a motion to vacate sentence?

  1. To challenge the validity of a conviction

  2. To challenge the legality of a sentence

  3. To obtain a new trial

  4. All of the above


Correct Option: B
Explanation:

A motion to vacate sentence is a post-conviction remedy that is used to challenge the legality of a sentence.

What is a writ of error coram nobis?

  1. A writ that is used to correct errors of fact that were not known at the time of trial

  2. A writ that is used to challenge the legality of a conviction

  3. A writ that is used to obtain a new trial

  4. All of the above


Correct Option: A
Explanation:

A writ of error coram nobis is a post-conviction remedy that is used to correct errors of fact that were not known at the time of trial.

What is the difference between a direct appeal and a post-conviction remedy?

  1. A direct appeal challenges the conviction, while a post-conviction remedy challenges the sentence.

  2. A direct appeal is filed with the trial court, while a post-conviction remedy is filed with the appellate court.

  3. A direct appeal is filed within a certain time limit, while a post-conviction remedy can be filed at any time.

  4. All of the above


Correct Option: D
Explanation:

A direct appeal challenges the conviction, while a post-conviction remedy challenges the sentence. A direct appeal is filed with the trial court, while a post-conviction remedy is filed with the appellate court. A direct appeal is filed within a certain time limit, while a post-conviction remedy can be filed at any time.

What are the grounds for a motion to vacate sentence?

  1. Errors of law

  2. Errors of fact

  3. Newly discovered evidence

  4. All of the above


Correct Option: D
Explanation:

The grounds for a motion to vacate sentence include errors of law, errors of fact, newly discovered evidence, and other legal errors.

What are the grounds for a writ of error coram nobis?

  1. Errors of fact that were not known at the time of trial

  2. Errors of law

  3. Newly discovered evidence

  4. All of the above


Correct Option: A
Explanation:

The grounds for a writ of error coram nobis are errors of fact that were not known at the time of trial.

What is the time limit for filing a direct appeal?

  1. 10 days

  2. 30 days

  3. 60 days

  4. 90 days


Correct Option: B
Explanation:

The time limit for filing a direct appeal is 30 days.

What is the time limit for filing a motion to vacate sentence?

  1. 1 year

  2. 2 years

  3. 3 years

  4. 4 years


Correct Option: A
Explanation:

The time limit for filing a motion to vacate sentence is 1 year.

What is the time limit for filing a writ of error coram nobis?

  1. 1 year

  2. 2 years

  3. 3 years

  4. There is no time limit


Correct Option: D
Explanation:

There is no time limit for filing a writ of error coram nobis.

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