law test

The laws of the United States are virtually all based on

Common law

Law passed by U.S. Congress, state legislative or local councils are all

Statutory laws

The supreme law of the United States is the

U.S. Constitution

The U.S. Supreme Court decides which cases it will hear by a vote of its

9 justices

If the members of a grand jury believe that a crime has been committed, they issue a(n)

Indictment

The jurors must agree unanimously when deciding a

Criminal case

Methods used to bring facts out before a trial are called method of

Discovery

The negligence defense that might be used by a baseball club that is sued by spectators is

Assumption of risk

To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the

Proximate cause test

People who are engaged in extremely dangerous activities may be held liable even without negligence or malice, this is known as the doctrine of

Strict liability

What are the 4 elements of negligence? (mark 4 answers)

Duty of care Actual harm Proximate cause Breach of duty

The 3 defenses for negligence are (mark 3 answers)

Assumption of risk Contributory negligence Comparative negligence

Which sides present their case in chief first?

Prosecution

Which side has the possibility of a rebuttal for the closing statements?

Prosecution

If the defense feels that there Plaintiff's closing has testimony that is not factual, the proper thing to do would be

Announce that "although objections are not permitted as per Mock Trial rules, counsel would ask that the court take note that if they were permitted objections..."

What is the purpose of a motion in limine?

To establish certain rules for the case outside of the presence of the jury

The burden of a civil case is \____________________.

proven by a preponderance of the evidence

Last year's case was bifurcated in relation to damages and liability. This means:

The case will be focused upon one of the two (liability OR damages) and the other will be tried in a future trial.

When I use the term/phrase/expression \______________ in these instructions, I mean the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not, under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide.

Negligence

When I use the term/phrase/expression \_______________ I mean the care a reasonably careful person would use under circumstances similar to those shown by the evidence. The law does not say how a reasonably careful person would act under those circumstances. That is for you to decide.

Ordinary care

When I use the term/phrase/expression \__________________ I mean a cause that, in the natural or ordinary course of events, produced the Plaintiff's injury. It need not be the only cause, nor the last or nearest cause. It is sufficient if it combines with another cause resulting in the injury.

proximate cause

When I use the term/phrase/expression \_______________ I mean negligence on the part of the Plaintiff that proximately contributed to cause the alleged injury.

Contributory negligence

When I say that a party has the burden of proof on any proposition, or use the expression "if you find," or "if you decide," I mean you must be persuaded, considering all the evidence in the case, that the proposition on which he has the burden of proof \___________________.

is more probably true than not true.

What court is this case in?

Criminal

What is the level of federal courts, from lowest to highest?

District Court, Circuit Court, and Supreme Court

How many jurors must agree on a verdict for it to be returned in a criminal case?

all of them

How does one normally get a case in the Supreme Court?

The losing party must appeal to the Supreme Court, then they must be accepted

How is the verdict from the Supreme Court decided differently from other courts?

Supreme Court decides based on majority vote

What sort of cases are exclusively within the jurisdiction of state courts?

Cases involving domestic relations (ie custody battles) Cases involving wills

For a lay witness, testimony in the form of an opinion is limited to one that is:

Rationally based on the witness's perception

A stipulation is:

a fact agreed to by both sides in order to save time and simplify issues

"What happened on the date in question," is an example of a(n):

narrative question

Attorneys may only ask leading questions:

during cross examination

The objective of a closing argument is to:

Provide a clear and persuasive summary Point out weaknesses in the opposition's arguments Argue your own position

To impeach a witness means:

You are challenging the witness's credibility, memory or honesty

The "burden of proof" is greater in which of the following procedures?

Criminal trial

What should you not do when crossing a witness?

You should badger the witnesses until you get the answers you want

In a jury trial, the final decision of the jury as read by the judge is called:

Verdict

What is the term used when a witness intentionally lies under oath?

perjury

Circumstantial evidence may be relied upon:

if it leads to a reasonable inference based on other facts

Jury instructions tell the jury:

the procedures they must follow when deliberating the case

Voir Dire is examination of:

potential jurors

In order to prove negligence, the Plaintiff has the burden of proving what?

That the defendant acted or failed to act in one of the ways claimed by the plaintiff, and that in so acting or failing to act, the defendant was negligent. That the plaintiff was injured. That the negligence of the defendant was a proximate cause of the injury to the plaintiff.

Complete the following sentence: The \___________ must prove the evidence \_____________________ in a \__________ case.

prosecution; beyond a reasonable doubt; criminal

The "burden of proof" is greatest in which of the following proceedings:

a criminal trial

The scope of re-cross is (choose the best response)

limited by the scope of questions asked on the redirect examination

Sequestering a jury means:

keeping members of the jury away from the general public, as well as the media

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?

non-responsive

Which of the following is something that attorneys do not do during trial?

responding to questions from the jurors

Testimony by an expert witness:

should be given special consideration by the jury

Mock trial witnesses

are bound by the facts in their affidavits

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:

Hearsay

A change of venue is

a change in the location of the trial

If a witness is having problems remembering what to say, you may

help the witness by refreshing his or her recollection

Attorneys may "object" to certain statements made, or questions asked, by opposing counsel. Who makes the final determination regarding these "objections"?

the judge

What do you call a trial without a jury present?

Bench trial

A stipulation is an agreement that certain facts pertaining to the case:

may be admitted into evidence

Pointing out a prior inconsistent statement of a witness during cross-examination is called:

impeachment

In Illinois, to become a lawyer, you must:

Graduate from an American Bar Association accredited law school Pass the Bar Examination Pass the Character and Fitness Review and an ethics examination Take an oath.

The question "What happened on March 7, 2007?" is asked on direct examination. Which of the following is the best objection?

leading

To impeach a witness on cross-examination, you may ask questions relating to all but which of the following?

prior bad conduct that makes his/her credibility (truth-telling ability) seem doubtful and shows that the witness should not be believed. the accuracy of his/her sensory perceptions, which is the witness' ability to see, hear or smell. prior statements made by the witness, which contradict his/her testimony at trial and point out the inconsistencies in his/her story. the bias or prejudice of the witness, that is, showing that the witness has reason to favor or disfavor one side of the case.

"Excited Utterance" is an exception to which standard courtroom objection?

hearsay

Which of the following would be considered a leading question?

You really didn't see anything, did you...

Which of the following do NOT take place before a trial?

rendering a verdict

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:

unfairly prejudicial, potentially confusing to the jury or a waste of time

Objections are properly made

after the question is asked, but before the witness responds

Which of the following mock trial rules is not true

Witness statements and stipulations may be disputed at trial

What objection should be made when a question is asked that does not relate to the case?

relevance

What objection should be made when the forming of a theory or conjecture is without firm evidence?

speculation

What objection should be made when the cross examination question does not relate to anything asked during direct examination?

beyond the scope

What objection should be made when a question has already been asked and answered?

asked and answered

What objection should be made when a question asked of a witness cannot be offered as proof of any current flaws in their character/testimony?

improper opinion

What objection should be made when a non-expert witness offers an opinion that is not common knowledge, not helpful to understanding of the issue at hand, or based on scientific/other specialized information on which the non-expert witness would not have any substantial background?

no personal knowledge

What objection should be made when a question is asked of a witness who could not have any personal knowledge of what is being asked?

opinion

What objection should be made when the witness becomes aggressive toward an attorney?

argumentative

What objection should be made when a witness is asked their opinion rather than for fact?

speculation

Article 1

general provisions

Article 2

judicial notices

Article 4

relevancy and its limits

Article 5

privileges

Article 6

witnesses

Article 7

opinions and expert testimony

Article 8

hearsay

You must ask the judge for permission to approach the witness, unless explicitly told otherwise.

true

You shouldn't ask for permission to move about the court unless otherwise stated.

false

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action.

true

Evidence is relevant if it is more prejudicial than probative

false

Character evidence is admissible to prove that on a particular occasion the person acted in accordance with the character or trait

true

In a Criminal trial, character evidence related to prior bad acts is admissible to prove motive, opportunity, intent, preparation, plan, or knowledge.

true

Certain admissions and communications are excluded from evidence on grounds of public policy related to privileged relationships.

true

Privileged relationships include: husband/wife, attorney/client, psychiatrist/patient, secrets of state, communications among grand jurors.

true

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. This rule applies also to a witness's expert testimony under 703.

true

If the facts or data brought out by an Expert's opinion testimony would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

true

A team can call a hostile witness.

false

In the event of a successful case by the Plaintiff, counsel may request sequestration from the defendant.

true

Both redirect and recross are at the discretion of the judge.

false

In the American justice system, all people are presumed to be guilty until proven innocent.

false

In a civil case, as in a criminal case, you have the right to a court appointed attorney.

false

In a civil case, the plaintiff is the person or entity being sued.

false

In mock trials, as in real trials, objections may be made during opening statements.

false