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Mock Trial Part 1 Review Flashcards | StudBud
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Mock Trial Part 1 Review
Mock Trial Part 1 Review
43 terms
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Answers
1
Within limits, this can be used to impeach any witness who testifies.
Cousin's criminal past
future job assignment
future crime
prior convictions
2
What is the 5th Amendment ?
Election of president
Right to Grand Jury Indictment
No double jeopardy
Rights of states and people
3
What Is The 5th Amendment About?
Protects People From Being Held For Committing A Crime
Take You To Jail For Committing A Crime
4
Civil case is a case involving two or more people
True
False
5
The trier of fact is a judge in bench trials, or the jury in any cases involving a jury.[
True
False
6
The standard of proof in a civil case is beyond reasonable doubt
False
True
7
Circumstantial evidence
Evidence based on inference and not on personal knowledge
Evidence based on the case
Evidence that is important to prove something
8
A plaintiff is
a person who is complaining.
a lawyer.
a person who is accused of wrongdoing.
a person who brings an action in a court of law.
9
Which of these would be a plaintiff
Someone who is being charged with murder
The state prosecuting a someone who robbed a bank
A parent suing for missed child support
A REALLY smart bunny who is also a lawyer
10
A Grand Jury protects Americans from unjust prosecution
False
True
11
Evidence that identifies a particular person
opinions
forensic evidence
individual evidence
facts
12
Evidence of a prior felony conviction may be used to impeach a witness.
True
False
13
To impeach a witness means to challenge their credibility, memory, or honesty.
True
False
14
Which of the following is an outcome for a civil case?
Community Service
Compensation
Good behaviour bond
Gaol
15
burden of proof
person being charged
willful disregard
the questioning of a witness
requirement to prove a dispute fact in court
16
Who has the burden of proof in a criminal case?
Plaintiff
Jury
Defendant
Prosecution
17
The burden of proof rests with
The prosecution
The defence
The persectution
The defence and prosecution
18
Who holds the burden of proof in a civil case?
A lawyer
Defendant
Plaintiff
Prosecutor
19
What is a testimony?
what's that??
features of a situation that are opposed to one another
have knowledge of (an event or change) from personal observation
first-hand account of events by witnesses/conclusions offered publicly
20
A grand jury is ......?
citizens that decide if people should be accused of a crime
A mounted man at arms serving a lord
A guild
A group of citizens that decides an accused person is guilty
21
The Trier of Fact is:
the court clerk
the Judge/Jury
the District Attorney
the Plaintiff
22
What is an expert testimony?
Your friend telling you a story
Someone with first experience on a topic
A testimony from someone consider a professional in their field
A testimony from tony at the sub shop
23
Records the testimony
Court Clerk
Court Reporter
Judge
24
What's determined at a preliminary hearing?
Bail
Habeas Corpus
Enough evidence to go to trial
Innocence or Guilt
25
Preliminary hearing
Criminal
Civil
Both
26
Asking questions, from the opposing Attorney, of a witness already on the stand, is called a ..
deliberation
<p>voir dire</p>
cross examination
direct examination
27
The burden of proof for civil cases is:
Mens Rea
Beyond a Reasonable Doubt
Actus Reus
Preponderence of Evidence
28
The plaintiff is…
The party proving the defendant is guilty of crime
The party suing
Someone hired to settle a lawsuit privately
The party being sued
29
A Grand Jury issues:
An indictment
An arraignment
A verdict
30
Required under the 5th Amendment
Jury Trial
Probable Cause Hearing
Placing your phone in the holder
Bail
31
Evidence can be classified into
Class and Circumstancial
Individual and Direct
Direct and Circumstancial
Direct and Class
32
what is the 5th amendment
blue
the answer is blue
no cruel or unusual punishment
entitled to a grand jury
33
What is the finding in a criminal case?
Guilty or innocent
Guilty or Not Guilty
Liable or not liable
34
Who is accused of a crime in a criminal case ?
innocent
defandant
a person who is arrest
criminal
35
5th Amendment
Protection from unreasonable searches and seizures.
Freedom of Press, speech, religion.
No person is required to testify against themselves.
States retain powers.
36
What is eyewitness testimony?
Some kind of sauce?
When a bystander or victim describes what they witnessed in court
A formal statement admitting that one is guilty of a crime
A religion
37
What is a civil case?
a case where everyone acts rationally and polite to each other
A case between the state or the people against a defendent
A legal dispute between a company and a large amount of people
A legel dispute of two or more legal parties
38
What type of hearing is a preliminary hearing?
Probable cause
Sentencing
Show cause
Trial
39
A Grand Jury
Decides if a defendant is guilty
Decides if the law is fair
Decides if there is enough evidence to charge a suspect with a crime
40
At a preliminary hearing,
all of the above
Accused may request a publication ban
Defendant may waive preliminary hearing
Defendant may request one to see what evidence there is
41
A defense attorney may cross-examine at this probable cause hearing.
Grand Jury Hearing
Preliminary Hearing
42
Real evidence is...
Statements made under oath by a competent witness
Taken directly from a source for comparative purposes
Actual evidence collected from a crime scene or subject involved
Created objects used to present or explain evidence
43
What happens in a preliminary hearing?
the defendant is made aware of the charges (6th amendment)
the defendant is whipped mercilessly (8th amendment)
the plaintiff is searched and everything on them is seized
the defendant is told of their punishment (8th amendment)
