Bench Trial correct answers both the Commonwealth and the judge need to agree, The judge is
called the trier of both law and fact
jury trial correct answers Judge acts as trier of law - decides all legal issues, Jury acts as trier of
facts - decides all factual issues
jury requirements correct answers Felony = 12 from panel of 20
Misd. = 7 from panel of 13
legally relevant evidence correct answers any evidence having a tendency to make the existence
of any fact that is of consequence more probable or less probable than it would be without the
evidence
jury nullification correct answers when a jury acquits an obviously guilty defendant for their own
reasons i.e. moral, social, religious etc...
magistrate correct answers Is a judicial official (not a judge)
Is the first contact with the judicial system
determines: Probable cause, Set bond, and Set date and time for initial appearance
arraignment correct answers formal process when defendant enters plea
preliminary hearing correct answers Is held in the General District Court,A mini trial to
determine if there is probable cause to sustain the charge
probative evidence correct answers can help the jury decide the issue one way or another
, material evidence correct answers The who cares question, pertains to a fact of consequence to
the case on trial
direct evidence correct answers evidence that if believed directly proves a fact in dispute
circumstantial evidence correct answers evidence that tends to establish a fact in dispute by
proving the existence of another set of facts from which an inference can be draw
batson challenge correct answers Done outside the presence of the veniremen, Burden is on the
striking party to show a neutral reason for the strike, judge will decide the issue.
felony correct answers punishable by over one year in prison - i.e. state correctional facility -
D.O.C.
misdemeanor correct answers punishable by 12 months or less in jail - i.e. local facility
infraction correct answers violation of public order - punishable by fine and or loss of license and
DMV sanctions
grandy jury correct answers A body of 5-7 citizens, Chosen by the circuit court, Serve one day a
month every two,
Reviews probable cause on all felony cases
Nolo Contendere correct answers - admits criminal liability but not civil lability
Alford Plea correct answers does not admit guilt but states the evidence is enough to convict
voir dire correct answers Each party is given an opportunity to asks the jurors questions, Based
on the answer to the questions the parties make strikes until only 12 or 7 are left