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RDC Training Trivia

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K
Kerry Friedewald

Slides (48)

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1. How are Prosecution Exhibits, Defense Exhibits, and Appellate Exhibits identified in the record of trial?

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2. The witness must do what before you can refresh their recollection?

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3. Prosecution Exhibit 3 has been admitted into evidence. You want to use it to impeach the witness.  You must ask the Court to mark a new copy of the exhibit as the next Appellate Exhibit before using it to impeach. True or False?

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4. [           ] recollection allows the witness to read from and testify while hold the document.

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5. Prior to impeaching a witness with a prior inconsistent statement, you MUST show it / disclose its contents to the witness and opposing party. True or False?

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6. You can only use a writing to refresh a witness' recollection.  True or False?

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1. What is hearsay?

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2. Exception or exemption to rule against hearsay?

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3. A statement that meets a hearsay exception may still be inadmissible if the statement was [                       ] and declarant was not subject to [                                            ]. This protect's the accused's [       ] Amendment right to [                ].

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4. An "excited utterance" (MRE 803(2)), such as a witness shouting into a 9-1-1 call immediately after a car crash, is an exception to the hearsay rule. What is the primary rationale for this exception?

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5. Does the declarant have to be unavailable?

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1. What must the Military Judge do to depart from the sentencing parameters in ‘Offense Category’ cases?

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2. Limits on Victim Impact Statements.

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3. What may the Defense want to do regarding evidence procedures during sentencing for the presentation of evidence in mitigation and extenuation?

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4. Who is subject to Dismissal as a punishment?  At what forum can the accused get a Dismissal?

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5. In a contested capital case there must be [#] members and their vote to convict and to sentence (to death) must both be [                                ].

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6. For sentencing, acts of bravery can only be used for events which take place during a combat deployment. True or False?  //  Act of bravery are inherently hard for the government to rebut.  True or False?

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1. What significant courts-martial precipitated the 1920 changes to the Articles of War?

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2. What are the 5 “parts” of the MCM?

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3. Which appendices of the MCM are promulgated under the authority of the President?

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4. The UCMJ is a product of which federal branch of government? The MCM is a product of which federal branch of government?

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5. What article of the UCMJ grants the President the authority to enact the Manual for Courts-Martial?

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6. 3 parts - What organization within the DoW reviews and proposes revisions to the MCM? How often does it review the MCM? What branch of the Armed Forces is not represented in this organization?

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1. What landmark case established that police must advise suspects of their rights before custodial interrogation?

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2. Under Brady v. Maryland, prosecutors must disclose what type of evidence?

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3. A Daubert hearing determines the admissibility of what?

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4. What constitutional right did the Supreme Court affirm in Gideon v. Wainwright?

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5. Under this Supreme Court case, police can stop and frisk individuals without a warrant or probable cause if they have reasonable suspicion.

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6. Under Barker v. Wingo, an accused has the right to a [                     ] under the Sixth Amendment.

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7. In what case did the Supreme Court hold that Articles 133 and 134 are NOT void for vagueness?

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8. Solorio v. United States addressed the issue of:

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1. It's Always Sunny in Philadephia. What type of law did Charlie Kelly claim to specialize in?

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3. It's Always Sunny in Philadelphia. Frank Reynolds proved, in court, that he does not have what mental condition?

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4. This TV series aired for just one season (it got average reviews at best) in 2019 on CBS and featured Marine judge advocates practicing in military justice in Quantico.

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5. In what TV series does character Mike Ross become a high performing lawyer in one of New York's top law firms despite not having a law degree?

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6. In My Cousin Vinny, what food becomes key during Mona Lisa Vito’s cross-examination?

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7. What is the famous closing argument line in the OJ Simpson trial? Who was the defense counsel?

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