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16rcrc11-CrtRmPro
Courtroom Procedures section created by Brian Rister
22
Other
Not Applicable
06/05/2011

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Cards

Term
Name the 7 officials in the courtroom and their function as mentioned in the text (casebook).
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
Term
Name the 10 main steps from beginning to end that make up a trial.
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
Term
Name at least 4 of the 7 specific rights entitled to the defendant as mentioned in the text (casebook).
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
Term
True/False: Pre-trial motions are made out of the presence of the jury before the trial.
Definition
True
Term
Name at least 2 of the 4 motions that are commonly made as mentioned in the text.
Definition
Continuance
Sequestration of witnesses
Settle the defendant's prior record (SCRE 609)
Any issues of law that may come up during the trial
Term
What are Voir Dire Questions?
Definition
Questions for the judge to ask prospective jurors at the request of the State and/or the Defense
Term
Describe what jury strikes are.
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
Term
During a bench trial, when does jeopardy attach?
Definition
When you swear in the first witness
Term
During a jury trial, when does jeopardy attach?
Definition
When you swear in the jury
Term
True/False: The Defense is not allowed to make an opening statement.
Definition
False
Term
What is Direct examination?
Definition
Examining a witness that you have called
Term
What is Cross-examination?
Definition
Examining a witness the other party has called
Term
Under which type of examination may you ask "leading" questions?
Definition
Cross-examination
Term
What 2 critical things must the State due before it "rests"?
Definition
Establish venue and point out the defendant
Term
Who makes a motion for a "directed" verdict?
Definition
The Defense
Term
Does the Defense have to do anything during the trial? If so, what?
Definition
No. The Defense has the right to not present any evidence
Term
If the defendant admits guilt to their defense attorney, can the defense attorney allow the defendant to take the stand?
Definition
No
Term
Who bears the burden of proof during a trial?
Definition
The State or prosecution
Term
True/False: Other State cases are binding in S.C.
Definition
False
Term
True/False: U.S. Supreme Court cases are binding in S.C.
Definition
True
Term
If the defendant (Defense) offers any evidence at trial, who has the final closing argument?
Definition
The State
Term
If the defendant (Defense) offers no evidence at trial, who has the final closing argument?
Definition
The Defense or defendant
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