7.5. American Trial Courts and the Principle of Orality
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Questions
According to the principle of orality, what evidence is the trier of fact permitted to consider when making a decision?
View answer and explanationWho is identified as the 'trier of fact' in a situation where the defendant waives a jury trial?
View answer and explanationWhat is a major difference between the American adversarial system and the inquisitorial system as described in the chapter?
View answer and explanationWhat is a 'dossier' as the term is used in the context of civil law countries?
View answer and explanationAccording to the chapter, how does the principle of orality distinguish the function of a trial court from that of an appellate court?
View answer and explanationWhat is the primary focus of a trial in many civil law countries, as contrasted with the American system?
View answer and explanationUnder what specific condition can a jury consider the contents of a police report, according to the principle of orality?
View answer and explanationWhich action by a jury would be a clear violation of the principle of orality?
View answer and explanationThe inquisitorial system, which contrasts with the American adversarial system, is said to be generally followed in which regions?
View answer and explanationWhat is the role of the trier of fact in an inquisitorial system when presented with a dossier?
View answer and explanationThe text states that in a trial, 'the state will present evidence showing facts demonstrating that the defendant committed the crime.' What corresponding action may the defendant take?
View answer and explanationWhat does the principle of orality require jurors to base their decisions on?
View answer and explanationWhich term best describes the system generally followed by the United States, as mentioned in the chapter?
View answer and explanationIn the inquisitorial system, who is responsible for creating the dossier of witness summaries?
View answer and explanationWhat is the consequence of the principle of orality for an appellate court's function?
View answer and explanationIn determining guilt in a civil law country, the trier of fact is presented with what?
View answer and explanationWho is the 'trier of fact' in a typical American jury trial?
View answer and explanationThe trial in civil law countries is described as being more about the defendant's presentation of what kind of evidence?
View answer and explanationWhat is the ultimate purpose of the defendant presenting mitigation evidence in a civil law trial?
View answer and explanationThe principle of orality is identified as a major difference between which two systems?
View answer and explanationWhat fundamental rule does a juror break if they research a witness online during a trial?
View answer and explanationThe function of a trial court is described as 'developing the evidence'. What is the corresponding function of appellate courts?
View answer and explanationIn the American system, what is the primary source of information for the trier of fact?
View answer and explanationWhat is the key difference in how witness information is handled between the adversarial and inquisitorial systems?
View answer and explanationIf a defendant waives the right to a jury trial, what is the resulting proceeding called?
View answer and explanationWhat does the text imply is the reason for the different focus of trials in civil law countries?
View answer and explanationThe principle of orality ensures that decisions are based on information that is transparent and tested through what process?
View answer and explanationWhat is a key function of the American trial court that is distinguished from an appellate court?
View answer and explanationWhich of the following would NOT be considered part of the record that a trier of fact can consider under the principle of orality?
View answer and explanationThe text contrasts the adversarial system with the inquisitorial system, which is generally followed in countries with what type of legal tradition?
View answer and explanationWhat is the implied role of the trial in an inquisitorial system, given its focus?
View answer and explanationThe principle of orality restricts the trier of fact to considering information received during which specific phase of the legal process?
View answer and explanationWhich statement best summarizes the process in an inquisitorial system trial as described in the chapter?
View answer and explanationAt trial, who presents the evidence demonstrating that the defendant committed the crime?
View answer and explanationA key aspect of the American adversarial system is that both the state and the defendant have the opportunity to do what during trial?
View answer and explanationThe use of a dossier in civil law countries means the trial is less about establishing guilt and more about what?
View answer and explanationWhat is the term for the summaries of witness statements used in inquisitorial systems?
View answer and explanationWhich entity is NOT listed as a creator of a dossier in civil law countries?
View answer and explanationThe principle of orality is a key feature of which legal system described in the chapter?
View answer and explanationIf a judge acts as the trier of fact, what must they, like a jury, base their decision on according to the principle of orality?
View answer and explanationWhat is the primary role of the state at an American criminal trial?
View answer and explanationThe chapter implies that the main risk of not adhering to the principle of orality is that a decision could be based on what?
View answer and explanationIn the context of the chapter, what does 'orality' primarily refer to?
View answer and explanationWhich statement accurately reflects the difference in trial focus between the two systems discussed?
View answer and explanationWhen can the trier of fact NOT consider the contents of a police report?
View answer and explanationWhat is the key limitation imposed on jurors by the principle of orality?
View answer and explanationThe chapter explains that in civil law countries, the defendant presents mitigation evidence to assist the court with what task?
View answer and explanationHow is evidence 'developed' in an American trial court?
View answer and explanationThe principle of orality distinguishes between the function of trial courts and which other courts?
View answer and explanationWhich of the following phrases from the chapter best defines the core idea of the principle of orality?
View answer and explanation