2. 外语
  3. At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective juror

At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective juror

admin2013-01-20  100
问题     At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective jurors are drawn by lot by the clerk of the court Both the defense and the prosecution may examine the jurors to ascertain whether cause for challenge in any particular case exists that is, whether circumstances exist that might improperly influence a juror’s decisions, such as bias or self-interest The parties to the action or their attorneys may then exercise their right to eliminate undesirable members from the jury by means of challenge.
    After a satisfactory jury has been drawn, the jury is formed, and the trial proceeds, in general, during the progress of a trial, all questions of law are determined by the court and questions of fact by the jury. The limits of the inquiry as to facts are determined by the pleadings and the rules of evidence. Whether evidence is properly admissible or not is a question for the court, but the weight and credibility of the evidence admitted are determined by the jury. The court, however, may decide a question of fact without sending the question to the jury if no conflict of evidence exists on the point The court may also interpret written instruments received in evidence without aid of the jury.
    After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, "sum up" , that is, each addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel’s side of the case. The judge then makes a charge to the jury. The charge is a statement of the rules of law applicable to the evidence in that particular case. It is given in order to aid the jury in giving a correct verdict The jury then retires from the courtroom to begin deliber-ations. These deliberations continue until an agreement as to the verdict is reached, or until the presiding judge deems that the jury cannot reach an agreement The latter case is known as a hung jury. In the event that no agreement is reached, a new trial may be called All members of a jury must agree on a verdict, which in a civil trial may be"for the plaintiff"or"for the defendant, "and in a criminal trial"guilty"or"not guilty". (In some states, however, the verdict in a civil trial need not be unanimous.) In a civil trial the jury is then empowered to set the amount of any damages. The verdict of a jury is decisive and cannot be disturbed unless it is contrary to law or against the weight of evidence. In such a case the verdict may be set aside, either by the presiding judge or later on appeal.
The selection of Jurors may not be determined by______.
选项 A、the judge
B、the lawyers of both parties
C、the jury
D、the defense and the prosecution
答案C
解析 文章指出，案件审判过程中的陪审员挑选受到主审法官的影响。国防部门和检察机关可以审查陪审员，当事人双方以及他们的律师也可以行使他们的相应权利。第一段“At a trial the selection of the jury is made subjoct to the direction of the presiding judge”“Both the defense and theprosecution may examine the jurors”“The parties to the action or their attorneys may then exercisetheir right”．
转载请注明原文地址:https://kaotiyun.com/show/T42O777K
0

考博英语

相关试题推荐
随机试题
最新回复(0)