Administration Of Justice Exam 3

Front 1

What is voir dire?

Back 1

-the mechanism we created to translate from paper to practice the 6th amendment right to trial by jury
-ie the method by which we assemble an impartial jury

Front 2

what is the correct legal term for jury summons?

Back 2

venire

Front 3

define venire.

Back 3

a legal write that says you are to appear on a certain date/time/place to undergo questioning to determine fitness to sit on a jury

Front 4

what is a venireman or venire person?

Back 4

someone who has come into the receipt of a venire - a potential juror

Front 5

define a panel.

Back 5

and assemblage of veniremen

Front 6

what are the two ways the defense/prosecution can prevent a veniremen from sitting on a jury?

Back 6

challenge for cause
challenge for peremptory

Front 7

what is a challenge for cause?

Back 7

a cause that is specified by law

Front 8

Where is can the causes be found?

Back 8

in the state code of criminal procedures

Front 9

how many challenges for cause are allowed?

Back 9

unlimited amount

Front 10

what is a challenge for peremptory

Back 10

no reason must be stated

Front 11

how many challenges for peremptory are allowed?

Back 11

depends on the severity of the case

Front 12

what's the 15-10-5 general rule?

Back 12

generally, 15 challenges for peremptory are allowed in a capital felony case, 10 for felony cases, and 5 for misdemeanor cases

Front 13

True or false: the more serious the offense, the more challenges for peremptory are allowed.

Back 13

true

Front 14

Besides assembling a jury, what are the other purposes for voir dire?

Back 14

-educate the veniremen
-build a relationship between the juror and the attorney

Front 15

What takes place when a jury is empanelled?

Back 15

-sworn in
-seated
-read the accusatory pleading

Front 16

What are the two requirements for claiming double jeopardy?

Back 16

-presenting the accusatory pleading to the jury
-verdict or the functional equivalent of a verdict is passed

Front 17

What are the two functional equivalents of a verdict?

Back 17

motion for acquittal
motion for directed verdict of acquittal

Front 18

What happens during opening statements?

Back 18

the prosecution acquaints the jury with the nature of the charges
and the evidence that will be presented that supports those charges

Front 19

Does the defense have to prove innocence or guilt?

Back 19

no

Front 20

What is the prima facie case?

Back 20

-the prosecution calls witnesses to introduce evidence
-then ties the defendant to the crime

Front 21

why does the prima facie case go in a certain order?

Back 21

because the prosecution must prove that the crime happened in order to prosecute someone for it

Front 22

where in the criminal trial procedure does the prima facie case appear?

Back 22

in the prosecutorial case in chief

Front 23

when the defense believes the prosecution has finished trying to prove the crime was committed, what does it do?

Back 23

makes a motion for acquittal

Front 24

what is a motion for acquittal?

Back 24

alleges that the prosecution failed to introduce evidence at the constitutionally required level of proof

Front 25

when the prosecution finishes presenting its case what does the defense do?

Back 25

motion for directed verdict of acquittal

Front 26

what is a motion for directed verdict of acquittal?

Back 26

alleges that the prosecution's evidence was insufficient to tie the defendant to the crime

Front 27

how many motions for directed verdict of acquittal are there?

Back 27

2

Front 28

when are the two opportunities to make a motion for directed verdict of acquittal?

Back 28

after the prosecution presents its case and during the defense's case

Front 29

what is direct examination?

Back 29

questioning of a witness called by the party in charge of the floor

Front 30

what is the purpose of cross examination?

Back 30

impeachment

Front 31

which type of examination allows for leading questions?

Back 31

cross-examination

Front 32

What's the single most reliable/effective way known to test the accuracy of witness testimony?

Back 32

cross examination

Front 33

when redirect examination occurs, what does this suggest?

Back 33

cross examination might have successfully impeached the witness in question

Front 34

True of false: the defense case is optional

Back 34

true

Front 35

can the defense case be based entirely on the state's failure to present the prima facie case?

Back 35

yes

Front 36

True or false: the defendant is required to give testimony?

Back 36

false

Front 37

what is the purpose of rebuttal?

Back 37

allow the prosecution to re call witnesses from the prosecutorial case in chief for the purpose of contradicting the defense's version of the facts

Front 38

can the defense cross examine the witnesses during rebuttal?

Back 38

yes

Front 39

who first presents in the closing argument?

Back 39

the prosecution

Front 40

what two things are first presented by the prosecution in closing arguments?

Back 40

summary of the evidence
theoretical framework of looking at the evidence in order to arrive at the conclusion that the defendant is guilty