This document contains 26 multiple choice and short answer questions about legal procedures and techniques depicted in the film My Cousin Vinny. The questions cover topics like elements of crimes, constitutional rights, pretrial processes like discovery and jury selection, direct and cross examination of witnesses including impeachment and expert testimony, and closing arguments. The overarching summary is that the questions analyze legal scenes and dialog from the movie to test understanding of American criminal court procedures and trials.
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ASSIGNMENT:
1) Bill slips a can of tuna in his pocket and forgets to pay. Is
this shoplifting? Please explain how mens rea, actus reus, and
corpus delecti are involved in this assessment.
2) Stanley and Bill were interrogated at the police station. Both
conceded they were advised of their rights. Name one possible
5th amendment issue with the interrogations.
3) Vinny is seen studying a book about Alabama Laws. His
research will have to include both procedural and substantive
law. Why does he have to study both types of law? What is the
difference between procedural and substantive law?
4) Vinny visits Bill and Stanley in jail. What is this meeting
called? Why is it important?
5) Lisa tells Vinny she doesn’t think he is cut out for this
lawyering stuff. Do defense attorneys have to meet a certain
level of competence?
6) Explain the following legal principles:
a. Competence
b. Due diligence
c. Communication
d. Confidentiality
7) Pretrial Steps
17. a. What crime are Bill and Stanley accused of?
b. What probable cause justified the arrests?
c. Explain “Initial Appearance”
d. Explain “Preliminary Hearing”
e. Explain “Grand Jury”
f. Explain “Arraignment”
8) What happened during the Arraignment of Bill and Stanley?
What does Vinny plead for his clients? (Did you catch that the
arraignment and the preliminary hearing were out of order, at
least out of the order we discussed in class?)
9) Why is the case introduced as “The People of the State of
Alabama” vs Bill and Stanley? Why is the victim not a party in
the case?
10) Explain the discovery process.
a. What is discovery?
b. Why is it necessary?
11) Describe the part of the movie when Vinny claims he
wants discovery (disclosure), but doesn’t know the process for
it. How does he find about the discovery process?
12) The Prosecution askes the jury members “Can you
participate in an endeavor in which the ultimate disposition
might be execution?” What is this process called?
13) Explain the jury selection process.
18. 14) Does trial proceed with a jury trial or a bench trial?
Explain the difference.
15) What are the key points offered in the prosecution’s
opening statement?
16) What are the key points offered in Vinny’s opening
statement?
17) The Prosecution presents its case first and gets to present
its witnesses first. When the Prosecution calls its witnesses
they call them for Direct Examination.
a. What are the characteristics of Direct Examination?
18) Once the Prosecution calls a witness and goes through
Direct Examination then Vinny, the Defense, gets to Cross-
Examine the witness
a. What are the characteristics of Cross-Examination?
19) Summarize the following testimonies. What happened on
the stand?
Direct Examination Testimony
Cross-Examination Testimony
Old Lady
Fat Man
“Redneck” Dude
Deputy Sheriff
20) What is impeachment?
21) Which of the prosecution’s witnesses were impeached?
19. Explain.
22) What is an expert witness?
a. How are expert witnesses different from “regular” witnesses?
b. What do you have to demonstrate to present someone as an
“expert”?
23) How does Lisa get introduced as an expert witness? What
are Lisa’s qualifications for testifying?
24) What are the key points offered during Vinny’s last witness
exchange (essentially, his closing statement)?
25) Were any jury instructions offered to the jury?
26) What was the ultimate verdict of the case in My Cousin
Vinny?