Term
| Name the 7 officials in the courtroom and their function as mentioned in the text (casebook). |
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Definition
Judge - makes decisions of law (and facts in a bench trial)
Jury - makes diecisions of facts
Solicitor - represents the state as prosecutor
Defense Attorney - represents the defendant
Clerk of the Court - keeps the court documents and swears witnesses
Court Reporter - keeps a record of all that is said in court
Bailiff - assists the court as needed |
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Term
| Name the 10 main steps from beginning to end that make up a trial. |
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Definition
Pre-trial motions
Impanel a jury
Jeopardy (occurs when jury is sworn in or when first witness is sworn during bench trial)
Opening statements
The State's Case
The Defendant's Case
Closing arguments
Jury instructions (given by judge)
Jury deliberations
Verdict |
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Term
| Name at least 4 of the 7 specific rights entitled to the defendant as mentioned in the text (casebook). |
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Definition
Speedy,
Jury trial,
In the county where the crime was committed, and
To be confronted by witnesses against him
Counsel for his defense
Privilege against self-incrimination
Compulsory process for obtaining witnesses on his behalf |
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Term
| True/False: Pre-trial motions are made out of the presence of the jury before the trial. |
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Definition
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Term
| Name at least 2 of the 4 motions that are commonly made as mentioned in the text. |
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Definition
Continuance
Sequestration of witnesses
Settle the defendant's prior record (SCRE 609)
Any issues of law that may come up during the trial |
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Term
| What are Voir Dire Questions? |
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Definition
| Questions for the judge to ask prospective jurors at the request of the State and/or the Defense |
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Term
| Describe what jury strikes are. |
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Definition
| Jury strikes are opportunities given to the State and the Defense during jury selection that allows them to "strike" or not select a potential juror based on a particular reason other than race or gender. Typically the State and Defense are both given 5 strikes to use at their disposal |
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Term
| During a bench trial, when does jeopardy attach? |
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Definition
| When you swear in the first witness |
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Term
| During a jury trial, when does jeopardy attach? |
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Definition
| When you swear in the jury |
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Term
| True/False: The Defense is not allowed to make an opening statement. |
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Definition
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Term
| What is Direct examination? |
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Definition
| Examining a witness that you have called |
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Term
| What is Cross-examination? |
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Definition
| Examining a witness the other party has called |
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Term
| Under which type of examination may you ask "leading" questions? |
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Definition
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Term
| What 2 critical things must the State due before it "rests"? |
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Definition
| Establish venue and point out the defendant |
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Term
| Who makes a motion for a "directed" verdict? |
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Definition
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Term
| Does the Defense have to do anything during the trial? If so, what? |
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Definition
| No. The Defense has the right to not present any evidence |
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Term
| If the defendant admits guilt to their defense attorney, can the defense attorney allow the defendant to take the stand? |
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Definition
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Term
| Who bears the burden of proof during a trial? |
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Definition
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Term
| True/False: Other State cases are binding in S.C. |
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Definition
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Term
| True/False: U.S. Supreme Court cases are binding in S.C. |
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Definition
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Term
| If the defendant (Defense) offers any evidence at trial, who has the final closing argument? |
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Definition
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Term
| If the defendant (Defense) offers no evidence at trial, who has the final closing argument? |
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Definition
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