The Pretrial and Trial Process MCQs

The Pretrial and Trial Process MCQs

Welcome to MCQss.com's page dedicated to Pretrial and Trial Process MCQs. This page features a variety of multiple-choice questions related to the legal framework governing the pretrial and trial processes in criminal cases.

The pretrial and trial processes are crucial stages in criminal proceedings, where legal issues are addressed, evidence is presented, and verdicts are determined. Understanding the legal principles, procedures, and stages involved in these processes is essential for professionals in the legal field, criminal justice, and those involved in the judicial process.

The Pretrial and Trial Process MCQs on MCQss.com provide an interactive platform to assess and expand your knowledge in this area. Each question presents a scenario, concept, or legal principle related to the pretrial and trial processes. By selecting the correct answer, you can test your understanding and receive immediate feedback to reinforce your knowledge.

By practicing these MCQs, you can explore various aspects, including pretrial motions, discovery, plea negotiations, jury selection, evidentiary rules, trial procedures, burden of proof, and the role of judges, prosecutors, and defense attorneys. These MCQs serve as a valuable resource for exam preparation, self-assessment, or deepening your understanding of the complexities involved in the pretrial and trial processes.

1: Most states follow the probable cause standard to bind a defendant for trial.

A.   True

B.   False

2: All states are required to use a grand jury to indict all felonies.

A.   True

B.   False

3: Protection against double jeopardy is found in the Fifth Amendment.

A.   True

B.   False

4: Perhaps the most common justification for a motion for a change of venue is pervasive and disruptive media coverage.

A.   True

B.   False

5: The purpose of discovery is to ensure both sides have all of the available evidence.

A.   True

B.   False

6: Individuals selected from a jury pool for the venire are to be selected randomly.

A.   True

B.   False

7: In order to convict a defendant, the prosecution must establish every necessary element of the crime in question beyond a reasonable doubt.

A.   True

B.   False

8: In order to convict a defendant, the jury (or judge in a bench trial) must find the defendant guilty beyond all doubt.

A.   True

B.   False

9: Even if only one juror disagrees with the others, should a jury become deadlocked, the judge cannot interfere or even ask the jury to attempt to convince the lone dissenter.

A.   True

B.   False

10: Motions for acquittal are rarely granted.

A.   True

B.   False

11: The primary purpose of the grand jury is to ______.

A.   Return an indictment

B.   Determine the facts of the case

C.   Determine a suspect’s guilt

D.   Determine the best sentence for a defendant

12: At which stage in the criminal process is the defendant formally indicted?

A.   The initial appearance

B.   The arraignment

C.   The preliminary hearing

D.   The arrest

13: All of the following are known as motion practice EXCEPT ______.

A.   Double jeopardy

B.   Change of defense attorney

C.   Discovery

D.   Suppression of evidence

14: According to the U.S. Supreme Court, what is the minimum number of jurors allowed for a federal criminal trial?

A.   12

B.   10

C.   9

D.   6

15: The method by which an attorney may remove a prospective juror without providing an explanation is the ______.

A.   Peremptory challenge

B.   Silent challenge

C.   Challenge for cause

D.   Challenge without cause

16: Is arraignment the defendant is informed of the charges against him or her and is required to enter a plea?

A.   False

B.   True

17: _____ is each element of a criminal offense must be established beyond a reasonable doubt.

A.   Anonymous tip

B.   Beyond a reasonable doubt

C.   All of these

D.   Showups

18: _____ is defined as Double jeopardy prohibits prosecuting individu­als for criminal offenses that have the same elements.

A.   Total incorporation plus

B.   Blockburger test

C.   Wedding ring

D.   All of these

19: _____ is known as The prosecution is required to turn over exculpatory information to the accused.

A.   First

B.   Brady rule

C.   All of these

D.   Fifth

20: Is burden of proof prosecution must prove every element of a criminal charge beyond a reasonable doubt?

A.   True

B.   False

21: _____ is the presentation of the prosecution’s evidence at trial.

A.   Cars

B.   Papers

C.   All of these

D.   Case-in-chief

22: _____ is defined as a juror may be excluded from the jury based on an actual or presumed inability to impartially evaluate the evidence.

A.   Challenge for cause

B.   None of these

C.   Modified reasonable suspicion

D.   Gerstein hearing

23: _____ is known as summary of the evidence by the prosecutor and defense.

A.   Weeks v. United States

B.   Nolle prosequi

C.   None of these

D.   Closing arguments

24: Is collateral estoppel a fact established in a trial is assumed to be established in other prosecutions?

A.   True

B.   False

25: _____ is sixth Amendment right to compel the appearance of witnesses.

A.   With the power of the state

B.   With authority

C.   None of these

D.   Compulsory Process Clause

26: _____ is defined as sixth Amendment right of a defendant to confront his or her accusers.

A.   Confrontation Clause

B.   Initiation

C.   The voluntary test

D.   All of these

27: _____ is known as questions regarding the direct testimony of a witness.

A.   All of these

B.   Case-in-chief

C.   Cross-examination

D.   Papers

28: Is double jeopardy prosecuting a defendant in the same jurisdiction on two occasions for the same offense?

A.   False

B.   True

29: _____ is an individual may be prosecuted twice for the same offense by different jurisdictions.

A.   All of these

B.   Objective test for entrapment

C.   Abandoned property

D.   Dual sovereignty doctrine

30: _____ is defined as the judge instructs jurors who are in the minority to reconsider the reasonableness of their views.

A.   None of these

B.   Dynamite charge

C.   Royal law

D.   Standard law

31: _____ is known as the jury must be selected from a group of individuals that fairly represents the community.

A.   Papers

B.   Fair cross section of the community

C.   All of these

D.   People

32: Is hearsay a witness’s testimony about what someone else said that is introduced to prove the “truth” of a fact or facts?

A.   False

B.   True

33: _____ is a jury unable to reach a verdict.

A.   Immediately upon arrest

B.   Hung jury

C.   Before custodial interrogation

D.   All of these

34: _____ is defined as a prosecutor’s closing statement that responds to a statement by the defense attorney.

A.   Before the police discover contraband

B.   All of these

C.   Invited response

D.   Before the police have reasonable suspicion

35: _____ is known as a judge’s direction to the jury regarding the law.

A.   Fruit of the poisonous tree

B.   Jury instructions

C.   All of these

D.   Common law

36: Is jury nullification a jury’s refusal to follow the law and acquittal of a defendant?

A.   True

B.   False

37: _____ is a questioning of individual jurors regarding whether they support the jury verdict.

A.   The arrest

B.   All of these

C.   Jury poll

D.   The arraignment

38: _____ is defined as potential jurors are selected by a small group of individuals.

A.   Curtilage

B.   Key man

C.   None of these

D.   Expanded home

39: _____ is known as a mistrial based on the conclusion that public justice will not be served by continuing with the trial.

A.   Polygraph

B.   None of these

C.   Manifest necessity

D.   New judicial federalism

40: Is miscarriage an individual may be subjected to a second trial despite the fact that jeopardy has attached?

A.   False

B.   True

41: _____ is a fundamental error that causes cancellation of a trial.

A.   Mistrial

B.   None of these

C.   Motor vehicle checkpoints

D.   Administrative searches

42: _____ is defined as four states require indictments for felonies punishable by capital punishment and life imprisonment.

A.   Terry v. Ohio

B.   Testimonial evidence

C.   Modified indictment states

D.   All of these

43: _____ is known as motion based on contention that “no reasonable juror could conclude that guilt was proven beyond a reasonable doubt.”

A.   All of these

B.   9

C.   12

D.   Motion for a judgment of acquittal

44: Is no bill the grand jury refuses to indict an individual?

A.   False

B.   True

45: _____ is testimony from jurors about internal jury decision making will not be used to attack a jury verdict.

A.   No-impeachment rule

B.   None of these

C.   Reasonable suspicion

D.   No level of proof is required for this type of search

46: _____ is defined as “No contest”; requires the permission of the court. This plea is used when a defendant, while not admitting guilt, does not dispute the charge.

A.   None of these

B.   Articulable suspicion

C.   Nolo contendere

D.   Specific suspicion

47: _____ is known as the prosecutor and defense attorney each indicate at the beginning of the trial the evidence that they plan to introduce during the trial.

A.   Before the police have reasonable suspicion

B.   Opening statement

C.   Release on recognizance

D.   None of these

48: Is pattern jury instructions standard jury instructions?

A.   False

B.   True

49: _____ is removal of jurors without an obligation to state a reason.

A.   Peremptory challenge

B.   A probation officer

C.   The bailiff

D.   None of these

50: _____ is defined as the jury.

A.   The Halsted Act

B.   FISA

C.   All of these

D.   Petit jury