Roles of the Courtroom
Question: Which courtroom official makes rulings, determines what evidence is admissible, and ensures the trial follows the law?
The judge.
What is the formal court proceeding in which criminal charges are read to the defendant and the defendant enters a plea?
Arraignment
What are the statements called that attorneys give at the beginning of a trial to introduce their version of the case and preview the evidence?
Opening statements
What is the formal protest an attorney raises in court to challenge testimony or evidence that may violate the rules of evidence or other laws?
Objection
What is the general name for the process in which a higher court reviews a lower court's decision for major errors?
Appeal
What is the name of the process in which attorneys and the judge question potential jurors to identify bias and determine qualifications?
Voir dire
What is the formal process of exchanging information about witnesses and evidence before trial, designed to prevent trial by ambush?
Discovery
During which type of witness examination are attorneys generally permitted to ask leading questions designed to challenge a witness's credibility or contradict their testimony?
Cross examination
What standard of proof is used in a criminal trial, and what does it mean?
Beyond a reasonable doubt; the evidence must leave no other reasonable explanation for the decision consistent with the slideshow's definition.
What is the difference between affirming a lower court's decision and reversing it?
To affirm is to uphold the lower court's decision; to reverse is to overturn the judgment because the appellate court found prejudicial error.
What is the difference between a lay witness and an expert witness?
A lay witness testifies about things they personally saw, heard, or did, while an expert witness uses specialized training or knowledge to provide professional opinions.
What is the difference between a motion to dismiss and a motion to suppress?
A motion to dismiss seeks to have a charge or case dismissed, while a motion to suppress seeks to prevent particular statements or evidence from being introduced at trial.
Put these four stages of witness questioning in the correct order: recross, direct examination, redirect, cross-examination.
Direct examination → Cross-examination → Redirect → Recross.
A jury cannot reach a unanimous decision. What is this called, and what may happen to the case as a result?
A hung jury; it leads to a mistrial, and the proceedings may begin again or the charges may be dropped.
An appellate court finds an error that requires the trial court to take further action, such as conducting a new trial or resentencing the defendant. What is this appellate decision called?
Remand.
A person keeps the official case file organized, issues summonses, and tracks court dates but cannot give legal advice or decide the outcome. Who is this person?
The court clerk.
During discovery, the prosecution obtains evidence that could help demonstrate the defendant's innocence. What is this type of evidence called?
Exculpatory evidence
A lawyer asks their own witness a leading question during direct examination. The opposing attorney objects, and the judge agrees. What happens to the challenged testimony if the objection is sustained?
The challenged testimony is stricken from the record, and the jury is instructed to ignore it.
A judge is preparing a sentence and considers whether the defendant has committed the same crime before and whether the defendant has expressed regret. What are these types of considerations called?
Aggravating and mitigating factors.
A prosecutor withholds evidence that could help the defense, but the defendant cannot win an appeal merely by proving the prosecutor behaved improperly. What additional requirement must be met?
The defendant must show prejudice—that the misconduct denied due process and likely changed the outcome of the trial.
A convicted defendant appeals, and the higher court needs an accurate record of exactly what witnesses, attorneys, and the judge said during the original trial. Which courtroom official created the document the court will review, and what is that document called?
The court reporter created the transcript.
After a defendant pleads not guilty, the prosecution presents witnesses and evidence to a judge, and the defense can cross-examine those witnesses. What hearing is taking place, and what question must the judge decide?
A preliminary hearing; the judge decides whether sufficient evidence exists for the case to proceed to trial.
After both sides finish their closing arguments, the prosecution gives a short statement responding to the defense's arguments. Why does the prosecution get this final opportunity?
The prosecution or plaintiff holds the burden of proof and, as the party bringing the case, is given the final say through rebuttal if it chooses to use it.
A defendant is found guilty, but afterward their attorney argues that the evidence was legally insufficient to support the jury's verdict and asks the court to set it aside. Which post-trial motion described most directly addresses this request?
A motion for judgment of acquittal.
A defendant loses in a federal court of appeals and wants the U.S. Supreme Court to review the case. What must the defendant file to request the Supreme Court review the case?
A petition for a writ of certiorari.