RMR Legal Terminology & Proceedings — Questions and Answers
Question 1: What is a 'voir dire' examination in court proceedings?
- The process of questioning prospective jurors to determine their suitability to serve on a jury (Correct answer)
- A type of expert witness testimony
- The judge's opening remarks to the jury
- The defendant's final statement before sentencing
Correct answer: The process of questioning prospective jurors to determine their suitability to serve on a jury
Voir dire (French for 'to speak the truth') is the pretrial process where attorneys and the judge question potential jurors about biases, experiences, and knowledge that might affect their ability to be impartial.
Question 2: What is a 'sidebar' conference and how should a reporter handle it?
- A private discussion between attorneys and the judge at the bench; the reporter should note it and transcribe if audible or instructed to do so (Correct answer)
- A conversation between attorneys in the hallway
- A break in the proceedings
- An informal chat between witnesses
Correct answer: A private discussion between attorneys and the judge at the bench; the reporter should note it and transcribe if audible or instructed to do so
Sidebar conferences are whispered discussions at the bench. Reporters should note when sidebars occur and, if instructed, use white noise machines or move closer to transcribe the confidential discussion.
Question 3: What is a 'stipulation' in legal proceedings?
- An agreement between parties on a fact or procedure, eliminating the need to prove it at trial (Correct answer)
- A penalty imposed by the judge
- A request for a mistrial
- An objection to evidence
Correct answer: An agreement between parties on a fact or procedure, eliminating the need to prove it at trial
A stipulation is a formal agreement between parties, usually on undisputed facts or procedural matters. Reporters must accurately capture stipulations as they become part of the official record.
Question 4: What is the difference between direct examination and cross-examination?
- Direct is questioning by the attorney who called the witness; cross is questioning by the opposing attorney (Correct answer)
- They are the same type of questioning
- Direct uses leading questions; cross uses open-ended questions
- Direct is for expert witnesses; cross is for fact witnesses
Correct answer: Direct is questioning by the attorney who called the witness; cross is questioning by the opposing attorney
Direct examination involves open-ended questions by the calling attorney to elicit testimony. Cross-examination uses leading questions by the opposing attorney to challenge or clarify the testimony.
Question 5: What does 'sustained' mean when a judge rules on an objection?
- The judge agrees with the objection and the question must be rephrased or withdrawn (Correct answer)
- The judge disagrees with the objection
- The judge is unsure and needs more argument
- The witness may answer the question
Correct answer: The judge agrees with the objection and the question must be rephrased or withdrawn
When a judge sustains an objection, the judge agrees that the question is improper. The witness should not answer, and the asking attorney must rephrase the question or move on.
Question 6: What is an 'exhibit' in court proceedings?
- A physical item, document, or other evidence formally presented and admitted into the court record (Correct answer)
- The jury's seating arrangement
- The courtroom layout diagram
- The judge's written opinion
Correct answer: A physical item, document, or other evidence formally presented and admitted into the court record
Exhibits are tangible evidence (documents, photographs, objects) offered by attorneys and, if admitted by the judge, become part of the official court record. Reporters must log all exhibit references accurately.
RMR Legal Terminology & Proceedings
What is a 'voir dire' examination in court proceedings?