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OK Court Reporter practice questions

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Question 1Court Reporting Procedures and Oklahoma Court Rules

Under the Oklahoma rules governing court reporters, a transcript certified by the reporter is prima facie evidence of what?

  1. The clerk's docket entries
  2. The accuracy of counsel's notes
  3. The judge's personal recollection of the trial
  4. The proceedings as recorded and transcribed Correct answer.

Explanation

A certified transcript prepared by the official court reporter is treated as prima facie evidence of the proceedings it records, meaning it is accepted as accurate unless rebutted. Counsel's notes and the clerk's docket do not substitute for the reporter's certified record.

Question 2Court Reporting Procedures and Oklahoma Court Rules

In Oklahoma district court, the court reporter's primary duty during a jury trial is to do which of the following?

  1. Prepare the judgment for the judge's signature
  2. Make verbatim stenographic record of the proceedings Correct answer.
  3. Advise the jury on the law
  4. Rule on objections raised by counsel

Explanation

The court reporter's core function is to make a verbatim record of the proceedings, including testimony, rulings, and colloquy. Rulings and jury instructions are the judge's responsibility, and drafting the judgment is generally the court's or counsel's task.

Question 3Court Reporting Procedures and Oklahoma Court Rules

When a witness testifies in a language other than English and an interpreter is sworn, how should the court reporter normally record the testimony?

  1. Record only the interpreter's English rendition Correct answer.
  2. Summarize the testimony in English
  3. Record only the witness's foreign-language words
  4. Record both the foreign words and the English rendition verbatim

Explanation

The standard practice is to record the interpreter's English rendition, since that is the official testimony the court and jury hear. Recording only foreign words or summarizing would fail to preserve the record in usable form.

Question 4Court Reporting Procedures and Oklahoma Court Rules

An attorney asks that a portion of testimony be read back to the jury during trial. Who typically locates and reads the requested testimony?

  1. The jury foreperson, from juror notes
  2. The witness, from memory
  3. The court reporter, from the reporter's notes Correct answer.
  4. The bailiff, from the clerk's file

Explanation

Reading back testimony is done from the court reporter's notes or realtime record, and the reporter locates the requested passage. Juror notes and witness memory are not the official record and cannot be used for readback.

Question 5Court Reporting Procedures and Oklahoma Court Rules

Which of the following best describes the purpose of a court reporter's certificate on a transcript?

  1. To certify that the reporter witnessed the verdict
  2. To attest that the transcript is a true and correct record Correct answer.
  3. To verify the judge approved the transcript
  4. To confirm the reporter's fee was paid

Explanation

The reporter's certificate attests that the transcript accurately reflects the proceedings as recorded. It does not certify payment, judicial approval, or witnessing of events beyond the record.

Question 6Court Reporting Procedures and Oklahoma Court Rules

During a bench conference, counsel speak in low tones away from the microphone. What is the reporter's proper approach?

  1. Record only statements the judge repeats aloud
  2. Ask the bailiff to summarize the conference later
  3. Record the conference if it is part of the proceedings and make it part of the record Correct answer.
  4. Omit the conference because it was not audible to the jury

Explanation

Bench conferences that are part of the proceedings should be recorded so the appellate record is complete, even if not heard by the jury. Omitting them or relying on a bailiff's summary would leave gaps in the record.

Question 7Court Reporting Procedures and Oklahoma Court Rules

A party requests a transcript of a hearing on an expedited basis. Under Oklahoma practice, the reporter's obligation is best described as which of the following?

  1. Deliver only an audio copy in place of a transcript
  2. Wait until all appeals are exhausted before transcribing
  3. Prepare the transcript within the time required by applicable rules or court order Correct answer.
  4. Refuse expedited requests as a matter of course

Explanation

Reporters must produce transcripts within the timeframes set by court rules or a specific order, including expedited deadlines when ordered. Refusing expedited work, substituting audio, or waiting indefinitely would violate that duty.

Question 8Court Reporting Procedures and Oklahoma Court Rules

Which recording method is recognized for Oklahoma court reporters as producing a verbatim record of proceedings?

  1. Stenographic machine or voice writing as authorized Correct answer.
  2. The judge's chambers calendar
  3. Counsel's opening statement outline
  4. A juror's handwritten notes

Explanation

Verbatim records are made by recognized methods such as stenographic machine or voice writing, as authorized. Notes, calendars, and outlines are not verbatim records of proceedings.

Question 9Court Reporting Procedures and Oklahoma Court Rules

A witness is asked to identify a document and the exhibit is marked and admitted. How should the reporter handle exhibit references in the transcript?

  1. Identify the exhibit by its marked number or letter as stated on the record Correct answer.
  2. Describe the exhibit's contents in the reporter's own words
  3. Attach a photocopy of every exhibit to the transcript
  4. Omit exhibit references to shorten the transcript

Explanation

The reporter identifies exhibits by the number or letter assigned on the record so the transcript matches the court file. Describing contents, omitting references, or attaching copies exceeds or departs from the reporter's role.

Question 10Court Reporting Procedures and Oklahoma Court Rules

The judge calls a recess and instructs the reporter to remain. What is the reporter's proper action?

  1. Leave the courtroom until the jury returns
  2. Remain available and resume recording when proceedings reconvene Correct answer.
  3. Turn the recording duties over to the clerk
  4. Stop recording permanently for the day

Explanation

The reporter follows the judge's instruction and remains available to record when proceedings resume. Leaving, stopping for the day, or transferring duties to the clerk would risk an incomplete record.

Question 11Court Reporting Procedures and Oklahoma Court Rules

In Oklahoma, the official court reporter is generally appointed by and serves at the pleasure of which official?

  1. The district judge to whom the reporter is assigned Correct answer.
  2. The district attorney
  3. The county sheriff
  4. The court clerk

Explanation

Official court reporters are appointed by and serve the district judges to whom they are assigned. Sheriffs, district attorneys, and court clerks do not appoint official reporters.

Question 12Court Reporting Procedures and Oklahoma Court Rules

A witness corrects an earlier answer on the stand. How should the reporter treat the correction?

  1. Replace the original answer with the correction
  2. Ask the judge which version to keep
  3. Note only that a correction was made
  4. Record both the original answer and the correction verbatim Correct answer.

Explanation

The reporter records the proceedings as they occur, including both the original answer and any later correction. Replacing, summarizing, or asking the judge to choose would alter the verbatim record.

Question 13Court Reporting Procedures and Oklahoma Court Rules

Which of the following is the best practice when the reporter cannot clearly hear a soft-spoken witness?

  1. Guess at the words and continue
  2. Leave a blank in the transcript
  3. Interrupt to ask the witness to speak up or repeat the answer Correct answer.
  4. Ask counsel to restate the answer later

Explanation

The reporter should ask the witness to speak up or repeat so the record is accurate. Guessing, leaving blanks, or relying on later restatement risks an incomplete or inaccurate transcript.

Question 14Court Reporting Procedures and Oklahoma Court Rules

An attorney objects and the judge says, 'Sustained.' What should appear in the transcript regarding the objection?

  1. Only the question that drew the objection
  2. Only the word 'Sustained'
  3. A summary of the objection prepared by the reporter
  4. The objection, the ruling, and any colloquy that follows Correct answer.

Explanation

The transcript should show the objection, the court's ruling, and any colloquy so the appellate court can review the issue. Recording only the ruling or a summary would obscure the basis for the objection.

Question 15Court Reporting Procedures and Oklahoma Court Rules

What does 'realtime' reporting typically provide in an Oklahoma courtroom?

  1. An audio recording for the jury room
  2. Simultaneous text of proceedings to a connected display Correct answer.
  3. A summary of testimony for the judge
  4. A delayed transcript delivered after trial

Explanation

Realtime reporting transmits the reporter's keystrokes as text to a display in real time, often used by counsel or a deaf participant. It is not a delayed transcript, audio recording, or summary.

Question 16Court Reporting Procedures and Oklahoma Court Rules

Which of the following best describes the reporter's duty regarding off-the-record discussions in the courtroom?

  1. Record only conversations involving the judge
  2. Do not record matters the court expressly places off the record Correct answer.
  3. Record off-the-record matters but mark them confidential
  4. Record all private attorney conversations regardless of instruction

Explanation

When the court expressly places a matter off the record, the reporter does not record it. Recording private conversations or confidential matters against the court's instruction would be improper.

Question 17Court Reporting Procedures and Oklahoma Court Rules

A transcript is challenged as inaccurate. What is the reporter's most appropriate response?

  1. Rewrite the passage to match counsel's recollection
  2. Decline to discuss the transcript at all
  3. Defer to whichever party complains first
  4. Consult the reporter's notes or backup record to verify the disputed passage Correct answer.

Explanation

The reporter verifies disputed passages against the original notes or backup record and responds accurately. Deferring to a party, rewriting from recollection, or refusing to respond would undermine the record's integrity.

Question 18Court Reporting Procedures and Oklahoma Court Rules

In a criminal trial, the jury is sequestered and returns a verdict. Which of the following must the reporter record regarding the verdict?

  1. The judge's private thoughts on the verdict
  2. The polling of the jury and the verdict as announced Correct answer.
  3. The jurors' deliberations in the jury room
  4. Only the foreperson's signature on the verdict form

Explanation

The reporter records the verdict as announced and any polling of the jury in open court. Jury deliberations, private judicial thoughts, and the verdict form alone are not part of the reported proceedings.

Question 19Court Reporting Procedures and Oklahoma Court Rules

Which of the following is the reporter's proper handling of a sidebar where the judge speaks directly to the reporter about a technical issue?

  1. Ask the bailiff to transcribe it instead
  2. Treat it as off the record automatically
  3. Record only the judge's statements to the reporter
  4. Record the colloquy if it occurs on the record in open court Correct answer.

Explanation

If the exchange occurs on the record, the reporter records it as part of the proceedings. Automatically treating it as off the record or recording selectively would distort the transcript.

Question 20Court Reporting Procedures and Oklahoma Court Rules

What is the standard treatment of nonverbal responses such as a nod or head shake during testimony?

  1. Record it as 'yes' without qualification
  2. Note the nonverbal response parenthetically in the transcript Correct answer.
  3. Ask the witness to repeat it in words only
  4. Ignore it entirely as non-testimony

Explanation

Nonverbal responses are captured parenthetically, such as '(witness nods)', because they are part of the testimony. Ignoring them, forcing a verbal restatement only, or assuming 'yes' would misstate the record.

Question 21Court Reporting Procedures and Oklahoma Court Rules

Which of the following best describes the reporter's obligation when a party requests daily copy of a trial transcript?

  1. Provide daily copy without any certification
  2. Refuse all daily copy requests as burdensome
  3. Provide daily copy only after the verdict
  4. Provide daily copy as arranged, subject to the court's approval and applicable rules Correct answer.

Explanation

Daily copy may be provided when arranged and consistent with court approval and applicable rules. Refusing outright, delaying until verdict, or omitting certification would not satisfy the obligation.

Question 22Court Reporting Procedures and Oklahoma Court Rules

In Oklahoma practice, the reporter's notes and records are generally considered which of the following?

  1. Part of the official records of the court Correct answer.
  2. The personal property of the reporter with no court interest
  3. Public records available to anyone on demand
  4. Confidential attorney work product

Explanation

The reporter's notes and records are part of the official records of the court, subject to court rules on retention and access. They are not mere personal property, attorney work product, or unrestricted public records.

Question 23Court Reporting Procedures and Oklahoma Court Rules

A witness is sworn using an oath administered by the court. What should the reporter record about the oath?

  1. The witness's religious affiliation
  2. The exact wording of the oath only
  3. Nothing, since the oath is routine
  4. That the witness was duly sworn before testifying Correct answer.

Explanation

The transcript notes that the witness was duly sworn before testifying, establishing the foundation for the testimony. Recording nothing, only exact wording, or religious details is unnecessary or improper.

Question 24Court Reporting Procedures and Oklahoma Court Rules

Which of the following is the reporter's proper response when a speaker's words are unclear due to overlapping speech?

  1. Record it as 'inaudible' without further effort
  2. Note the overlapping speech and seek clarification where possible Correct answer.
  3. Omit the exchange entirely
  4. Attribute the words to the most likely speaker

Explanation

The reporter should note the overlap and seek clarification so the record is as accurate as possible. Attributing, omitting, or giving up without effort risks inaccuracy.

Question 25Court Reporting Procedures and Oklahoma Court Rules

What is the reporter's role regarding the court's written jury instructions when they are read aloud?

  1. Summarize the instructions in the reporter's words
  2. Record the instructions as read into the record Correct answer.
  3. Record only the instruction numbers
  4. Decline to record instructions as they are not testimony

Explanation

Jury instructions read into the record are part of the proceedings and must be recorded verbatim. Recording only numbers, summarizing, or declining to record would omit essential appellate material.

Question 26Court Reporting Procedures and Oklahoma Court Rules

In an Oklahoma district court, the official court reporter is an officer of the court. Which statement best describes the reporter's duty when a party requests a transcript of a prior proceeding?

  1. Refer the request to the court clerk, who maintains all reporters' notes.
  2. Provide the transcript only after the presiding judge issues a written order.
  3. Decline unless the requesting party was present at the original proceeding.
  4. Prepare the transcript from the reporter's notes and furnish it as required by law and court rules. Correct answer.

Explanation

An official court reporter is required to make and preserve a verbatim record and to prepare transcripts from those notes when properly requested. The court clerk does not maintain the reporter's shorthand notes, and no written judicial order is a precondition to a routine transcript request. The duty runs with the office, not with the presence of a particular party at the hearing.

Question 27Court Reporting Procedures and Oklahoma Court Rules

During a jury trial, the judge asks the reporter to read back a portion of a witness's testimony to the jury. What is the reporter's proper action?

  1. Refuse because readback is not part of the reporter's statutory duties.
  2. Read only the answers, omitting the questions and any colloquy.
  3. Read the requested testimony verbatim from the notes, including objections and rulings. Correct answer.
  4. Summarize the witness's testimony in the reporter's own words to save time.

Explanation

When the court directs a readback, the reporter reads the recorded proceedings verbatim from the notes, preserving questions, answers, objections, and rulings as they occurred. Summarizing or editing the record would alter the official transcript. Readback of testimony on the court's direction is a recognized part of the reporter's function.

Question 28Court Reporting Procedures and Oklahoma Court Rules

A witness testifies in a soft voice and several words are inaudible to the reporter. What is the most appropriate immediate action?

  1. Interrupt the proceedings and ask the witness to speak louder or repeat the answer. Correct answer.
  2. Ask the attorney afterward to reconstruct the testimony from memory.
  3. Leave a blank in the notes and continue without notifying anyone.
  4. Guess the likely words from context and note them without comment.

Explanation

The reporter must preserve a verbatim record and should promptly ask for repetition or amplification when words are inaudible. Guessing or leaving silent blanks risks an inaccurate transcript. Reconstructing testimony later from memory is not a reliable substitute for the contemporaneous record.

Question 29Court Reporting Procedures and Oklahoma Court Rules

Which of the following is the reporter's proper handling of an exhibit that is marked for identification but not yet admitted?

  1. Record the marking for identification and note that it was not admitted. Correct answer.
  2. Record the exhibit number and describe it as admitted.
  3. Record only the attorney's objection to the exhibit.
  4. Omit the exhibit from the transcript until it is admitted.

Explanation

The transcript should reflect the exhibit number, the purpose for which it was marked, and the court's ruling, including that it was received for identification only. Describing an unadmitted exhibit as admitted misstates the record. The exhibit and the ruling should both appear even if admission never occurs.

Question 30Court Reporting Procedures and Oklahoma Court Rules

In an Oklahoma criminal proceeding, the defendant pleads guilty and the judge conducts a colloquy. Which of the following must the reporter ensure is captured in the record?

  1. Only the attorneys' statements, since the defendant's answers are on the form.
  2. Only the judge's final acceptance of the plea.
  3. The full colloquy, including the defendant's answers and the court's advisements. Correct answer.
  4. Only the defendant's signature on the plea form.

Explanation

A verbatim record of the plea colloquy is essential because it establishes that the plea was knowing and voluntary. The reporter should capture the court's advisements, the defendant's responses, and the ruling. Relying on a written plea form alone does not substitute for the transcribed oral colloquy.

Question 31Court Reporting Procedures and Oklahoma Court Rules

A witness testifies through a qualified interpreter in an Oklahoma trial. How should the reporter identify the speakers in the transcript?

  1. Identify the interpreter and attribute the interpreted testimony to the witness through the interpreter. Correct answer.
  2. Attribute the interpreted answers to the interpreter as the speaking witness.
  3. Attribute the interpreted answers to the witness without noting the interpreter.
  4. Record only the interpreter's English rendition and omit the foreign-language words.

Explanation

The transcript should identify the interpreter and make clear that the witness's testimony was given through interpretation. The witness remains the source of the testimony, while the interpreter's role is noted. Omitting the interpreter's presence would mislead a reader about how the testimony was produced.

Question 32Court Reporting Procedures and Oklahoma Court Rules

During trial, an attorney asks a question, opposing counsel objects, and the judge says 'Sustained.' The witness does not answer. What should the transcript reflect?

  1. The question and a notation that the witness declined to answer.
  2. Only the word 'Sustained' without the question or objection.
  3. The question, the objection, the ruling, and the absence of an answer. Correct answer.
  4. The question and the ruling, omitting the objection as colloquy.

Explanation

The transcript should show the question, the objection, the court's ruling, and that no answer was given. This preserves the context needed to evaluate the ruling on appeal. Omitting the objection or implying the witness refused to answer would distort the record.

Question 33Court Reporting Procedures and Oklahoma Court Rules

A court reporter in Oklahoma is served with a subpoena for the reporter's notes in a case on appeal. What is the reporter's most appropriate response?

  1. Release the original notes to any requesting party without court involvement.
  2. Refuse to acknowledge the subpoena because notes are personal property.
  3. Preserve the notes and respond according to law and any court order governing their production. Correct answer.
  4. Destroy the notes after preparing the transcript to avoid disclosure.

Explanation

The reporter must preserve the notes and comply with lawful process, including any protective order the court enters. Notes are official records of the proceedings, not personal property to be destroyed or freely released. The court controls the manner of production when the record is on appeal.

Question 34Court Reporting Procedures and Oklahoma Court Rules

In an Oklahoma jury trial, the judge gives oral instructions to the jury after the parties rest. What is the reporter's obligation regarding those instructions?

  1. Record the instructions as read and any objections or rulings made on the record. Correct answer.
  2. Omit the instructions because the written copy is filed with the clerk.
  3. Record only the parties' requested instructions that were refused.
  4. Record only the instructions the judge reads from a written copy.

Explanation

The reporter should record the instructions as delivered and any objections and rulings made on the record. The filed written copy does not capture the oral delivery or the colloquy about objections. A complete record of the instruction phase is necessary for appellate review.

Question 35Court Reporting Procedures and Oklahoma Court Rules

A witness begins to answer before the judge finishes ruling on an objection, and the words overlap. What is the reporter's best practice?

  1. Ask the court to clarify the record so the ruling and answer can be separately captured. Correct answer.
  2. Omit the witness's answer because it was not authorized by the court.
  3. Record only the judge's ruling and disregard the witness's words.
  4. Record the overlapping words in the order the reporter believes they were spoken.

Explanation

When speakers overlap, the reporter should seek clarification so that the ruling and the answer are each accurately captured. Guessing at sequence or omitting one speaker produces an unreliable record. A brief request to the court protects the integrity of the transcript.

Question 36Court Reporting Procedures and Oklahoma Court Rules

An attorney asks that a portion of the proceedings be sealed and the judge grants the request. How should the reporter handle the sealed portion?

  1. Include the sealed testimony in the public transcript with a notation.
  2. Exclude the sealed portion from the public transcript and maintain it separately as ordered. Correct answer.
  3. Refuse to record the sealed portion because it is not public.
  4. Destroy the notes of the sealed portion after the hearing.

Explanation

The reporter records the sealed proceedings but keeps them separate from the public transcript in accordance with the court's order. The record must still be preserved for appellate review. Destroying the notes or refusing to record would defeat the purpose of the sealing order.

Question 37Court Reporting Procedures and Oklahoma Court Rules

A party requests that a deposition be transcribed on an expedited basis. Under Oklahoma practice, what is the reporter's obligation?

  1. Refuse expedited requests because transcripts require a fixed statutory period.
  2. Provide an audio recording in place of a transcript.
  3. Provide a summary of the deposition rather than a verbatim transcript.
  4. Provide the transcript within the time agreed or ordered, using the reporter's notes. Correct answer.

Explanation

Expedited delivery is a matter of the agreement or order governing the transcript, and the reporter prepares it from the notes within that time. There is no fixed statutory period that forbids expedited work. An audio recording or summary is not a substitute for a certified verbatim transcript.

Question 38Court Reporting Procedures and Oklahoma Court Rules

During a hearing, the judge asks the reporter to mark a document as an exhibit for the court's own reference. What is the reporter's proper action?

  1. Mark the exhibit and describe it as admitted without a ruling.
  2. Mark the exhibit but omit it from the transcript as a court matter.
  3. Refuse because only the clerk may mark exhibits.
  4. Mark the exhibit as directed and record the number, the marking, and the court's statement. Correct answer.

Explanation

The reporter should carry out the court's direction to mark the exhibit and record the number and the circumstances of the marking. The transcript must reflect what occurred, including the court's statement. Describing the exhibit as admitted without a ruling would misstate the record.

Question 39Court Reporting Procedures and Oklahoma Court Rules

A transcript prepared by an Oklahoma court reporter is later challenged as inaccurate. Which of the following best describes the reporter's proper response?

  1. Compare the challenge against the notes and certify any correction through the proper procedure. Correct answer.
  2. Destroy the original notes so the challenge cannot be pursued.
  3. Alter the transcript to match the challenger's recollection.
  4. Ignore the challenge because a certified transcript is conclusive.

Explanation

The reporter should review the notes and, if a correction is warranted, follow the procedure for correcting the record rather than privately editing the transcript. A certified transcript is presumed accurate but may be corrected on a proper showing. Destroying notes would undermine the ability to resolve the challenge.

Question 40Court Reporting Procedures and Oklahoma Court Rules

In an Oklahoma trial, the judge holds an in-chambers conference with counsel and the reporter is present. What is the reporter's obligation regarding that conference?

  1. Decline to record because in-chambers conferences are off the record.
  2. Record only the judge's statements and omit counsel's arguments.
  3. Record the conference only if both parties agree in writing.
  4. Record the conference verbatim and include it in the transcript as part of the proceedings. Correct answer.

Explanation

When the reporter is present at an in-chambers conference, the proceedings should be recorded verbatim and made part of the record unless the court orders otherwise. There is no requirement of written consent from the parties for the reporter to record. Selectively recording only the judge's statements would produce an incomplete record.

Question 41Legal and Judicial Terminology

In Oklahoma court proceedings, the person who records testimony and marks exhibits under the supervision of the judge is most properly referred to as the:

  1. court clerk
  2. court reporter Correct answer.
  3. court interpreter
  4. bailiff

Explanation

The court reporter is the officer who makes the verbatim record of proceedings and typically marks and maintains exhibits. The clerk maintains the case file and docket, the bailiff keeps order and security, and the interpreter renders language for a party or witness.

Question 42Legal and Judicial Terminology

A party asks the judge to compel the opposing side to produce a document before trial. This request is made through which procedural device?

  1. a motion to compel discovery Correct answer.
  2. a motion for a directed verdict
  3. a demurrer
  4. a motion in limine

Explanation

A motion to compel asks the court to enforce a discovery obligation, such as production of documents. A motion in limine limits evidence at trial, a demurrer challenges the legal sufficiency of a pleading, and a directed verdict is a trial-stage request for judgment as a matter of law.

Question 43Legal and Judicial Terminology

During trial, counsel says, "May it please the court, I object on the ground of hearsay." The out-of-court statement is being offered to prove:

  1. the truth of the matter asserted Correct answer.
  2. the witness's personal knowledge
  3. the speaker's character for truthfulness
  4. the authenticity of a document

Explanation

Hearsay is an out-of-court statement offered to prove the truth of the matter it asserts. Statements offered for other purposes, such as impeachment or to show effect on the listener, fall outside the definition.

Question 44Legal and Judicial Terminology

A witness is sworn and then asked questions by the attorney who called her. In Oklahoma practice, this stage of examination is called:

  1. redirect examination
  2. cross-examination
  3. direct examination Correct answer.
  4. recross examination

Explanation

Direct examination is the initial questioning by the party who called the witness. Cross-examination follows by the opposing party, and redirect and recross are later, limited follow-up stages.

Question 45Legal and Judicial Terminology

The written statement of a plaintiff's initial claims, filed to commence a civil action, is known as the:

  1. answer
  2. subpoena
  3. petition Correct answer.
  4. deposition

Explanation

In Oklahoma civil practice the plaintiff's initial pleading is commonly styled a petition. The answer is the defendant's responsive pleading, a deposition is sworn pretrial testimony, and a subpoena commands attendance or production.

Question 46Legal and Judicial Terminology

A judge instructs the jury on the law before deliberations. In Oklahoma these instructions are often referred to as the court's:

  1. indictment
  2. arraignment
  3. verdict
  4. charge Correct answer.

Explanation

The judge's legal instructions to the jury are called the charge. A verdict is the jury's decision, an indictment is a grand jury accusation, and an arraignment is the initial criminal appearance where charges are read.

Question 47Legal and Judicial Terminology

An appellate court opinion that commands a majority of the judges and announces the court's judgment and reasoning is called the:

  1. per curiam order
  2. dissenting opinion
  3. concurring opinion
  4. majority opinion Correct answer.

Explanation

The majority opinion is joined by more than half of the participating judges and states the court's holding and rationale. A dissent disagrees with the result, a concurrence agrees with the result on different reasoning, and a per curiam order is issued anonymously by the court as a whole.

Question 48Legal and Judicial Terminology

In a criminal case the prosecutor must prove each element of the offense by which standard of proof?

  1. beyond a reasonable doubt Correct answer.
  2. probable cause
  3. a preponderance of the evidence
  4. clear and convincing evidence

Explanation

The Due Process Clause requires proof beyond a reasonable doubt for conviction of a crime. Preponderance governs most civil cases, clear and convincing is an intermediate civil standard, and probable cause is a threshold for arrests, searches, and charging decisions.

Question 49Legal and Judicial Terminology

Counsel objects that a question "assumes facts not in evidence." This objection targets a question that:

  1. builds a premise the record does not support into the question Correct answer.
  2. is argumentative and badgers the witness
  3. calls for a narrative answer rather than specific facts
  4. asks the witness to speculate about another person's thoughts

Explanation

An objection that a question assumes facts not in evidence is proper when the examiner embeds a factual premise that has not been established on the record. Argumentative questions badger the witness, narrative objections target overly broad answers, and speculation objections target unsupported inferences.

Question 50Legal and Judicial Terminology

A witness testifies, "The victim told me the defendant hit him," and the statement is offered to prove the defendant hit the victim. The statement is:

  1. inadmissible hearsay unless an exception applies Correct answer.
  2. admissible because it is a prior consistent statement
  3. admissible as a present sense impression
  4. inadmissible because it is privileged

Explanation

The statement is an out-of-court assertion offered for its truth, so it is hearsay and inadmissible unless an exception such as an excited utterance or medical treatment applies. Nothing in the question establishes a present sense impression, which requires a contemporaneous description of an event.