Friday, February 25, 2011

Homework: Friday, 2/25/11

Below are the questions from your in-class mock trial practice test from Wednesday. You will see these questions again next week in a quiz, and those of you participating in the Mock Trial will similar questions in Springfield.

Use the questions to complete the following assignment on loose leaf paper.

Identify the five questions with which you felt least comfortable on Tuesday. Write the questions down, numbering each as it is numbered here. Under each question, attempt to answer it using your mock trial materials and/or the search function at Note -- you will need to use a specific search term (i.e., "cross examination). We will talk about the questions on Monday.

If you have more than 5 questions you didn't get, make sure you make a note of their numbers.

Each question and response is worth 2 points. The assignment is worth 10 points total. I will not have copies for you to use on Monday, so make sure you complete this over the weekend.

1. The scope of re-cross is (choose the best response)
a. limited by the scope of questions asked on the initial cross examination
b. limited by the scope of questions asked on the redirect examination
c. limited by the stipulations
d. unlimited
e. there is no recross allowed at mock trials

2. Sequestering a jury means:
a. asking the jury questions
b. selecting the jury
c. polling the jury to see if a verdict is unanimous
d. keeping members of the jury away from the general public, as well as the media
e. providing meals for the jury

3. If a cross-examining lawyer asks a question and the witness gives an answer that doesn’t
answer the question, what is the proper objection?
a. narrative
b. no foundation
c. non-responsive
d. asked and answered
e. badgering

4. What is it called when a witness lies while under oath?
a. perjury
b. impeachment
c. embezzlement
d. hearsay
e. reaching

5. During trial, which of the following is not true?
a. you should rise when addressing the judge
b. you should badger the witnesses until you get the answers you want
c. you should direct all remarks to the judge or witnesses, not to opposing counsel
d. don't make objections unless you have a basis
e. don’t ask witnesses about what they think might have happened

6. Which of the following is something that attorneys do not do during trial?
a. opening statements
b. direct examinations of witnesses
c. cross examinations of witnesses
d. closing arguments
e. responding to questions from the jurors

7. Testimony by an expert witness:
a. cannot be considered by the jury
b. should be given special consideration by the jury
c. should be considered on the same basis as any other witness testimony
d. should only be considered by the judge
e. none of the above

8. Mock trial witnesses
a. are bound by the facts in their affidavits
b. may be examined by the judge and members of the jury if deemed appropriate
c. may be impeached based on materials not found in the mock trial materials
d. may play the role of two witnesses during any one trial
e. may use costumes and dialect to express themselves.

9. If a witness offers an out-of-court statement made by another person to prove a matter asserted in the witness's own testimony, that statement is called:
a. Argumentative
b. Hearsay
c. Asked and answered
d. Leading
e. Improper character testimony

10. Circumstantial evidence may be relied upon
a. in criminal cases only
b. only when it relates to character
c. if it leads to a reasonable inference based on other facts
d. can be used only in appellate cases
e. in civil cases only

11. A change of venue is
a. a change in judges
b. a change in the location of the trial
c. a change in jury instructions
d. a change of lawyers
e. a change in the formal charges against the defendant

12. Jury instructions tell the jury
a. how they are to behave in court
b. whether the defendant is guilty or innocent
c. where to sit
d. the procedures they must follow when deliberating the case
e. that they can’t go home until they have rendered a verdict

13. The best thing to do if you believe that a witness has made an unfair extrapolation is
a. object to unfair extrapolation
b. file a rules violation at the end of the round
c. ignore the situation
d. attempt to impeach the witness
e. stop the trial and consult with your teacher

14. If a witness is having problems remembering what to say, you may
a. help the witness by refreshing his or her recollection
b. answer the question yourself
c. ask a leading question to stimulate the answer you need
d. talk louder
e. dismiss the witness and call someone else

15. Attorneys may "object" to certain statements made, or questions asked, by opposing counsel. Who makes the final determination regarding these "objections?"
a. the jury
b. opposing counsel
c. the judge
d. the witness
e. the bailiff

16. What do you call a trial without a jury present?
a. Invalid trial procedure
b. Oral argument
c. Bench trial
d. Closed court
e. None of the above

17. A stipulation is an agreement that certain facts pertaining to the case:
a. may never be admitted into evidence
b. may only be referred to by the plaintiff
c. may be admitted into evidence
d. only the judge may see
e. none of the above

18. Pointing out a prior inconsistent statement of a witness during cross-examination is
a. impeachment
b. contradictory evidence
c. hearsay
d. improper recollection
e. none of the above

19. In Illinois, to become a lawyer, you must:
a. Graduate from an American Bar Association accredited law school
b. Pass the Bar Examination
c. Pass the Character and Fitness Review and an ethics examination
d. Take an oath.
e. All of the above.

20. The question "What happened on March 7, 2007?" is asked on direct examination. Which of the following is the best objection?
a) beyond the scope of direct
b) leading
c) the question calls for a narrative response
d) hearsay
e) any of the above

21. To impeach a witness on cross-examination, you may ask questions relating to all but which of the following?
a. prior bad conduct that makes his/her credibility (truth-telling ability) seem doubtful and shows that the witness should not be believed.
b. the accuracy of his/her sensory perceptions, which is the witness' ability
to see, hear or smell.
c. prior statements made by the witness, which contradict his/her testimony at trial and point out the inconsistencies in his/her story.
d. the bias or prejudice of the witness, that is, showing that the witness has reason to favor or disfavor one side of the case.
e. Any of the above may be used to impeach a witness.

22. "Excited Utterance" is an exception to which standard courtroom objection?
a. leading question
b. asked and answered
c. lack of personal knowledge
d. hearsay
e. lack of proper foundation

23. Which of the following would be considered a leading question?
a. State your first and last name...
b. State your address...
c. What is your occupation...
d. You really didn’t see anything, did you...
e. Where were you on the day in question...

24. Which of the following do NOT take place before a trial?
a. pretrial preparation
b. discovery
c. pretrial hearings
d. jury selection
e. rendering a verdict

25. Generally, only relevant evidence may be presented during trial. Relevant evidence is any evidence, which helps to prove or disprove the facts in issue in the case. However, even relevant evidence can be excluded if it is:
a. unfairly prejudicial, potentially confusing to the jury or a waste of time
b. presented by the an unsympathetic witness
c. presented by a defendant’s family member
d. presented by an expert witness
e. common knowledge any person should know

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