Question 1

Cumulative evidence:

Accepted Answer

A)  restates what another witness has already testified about. 
B)  applies when physical evidence validates testimonial evidence. 
C)  proves the same fact as a prior witness but by another means. 
D)  none of these are correct. 
A)  restates what another witness has already testified about. 
B)  applies when physical evidence validates testimonial evidence. 
C)  proves the same fact as a prior witness but by another means. 
D)  none of these are correct. A

Question 2

Define direct evidence and circumstantial evidence. Explain the differences between them.

Accepted Answer

Direct evidence is based on first-hand observations of the person testifying. No inference or presumption is needed. If the jury believes the testimony, the facts testified about are conclusively established. For example, if the jurors believe a woman who testified that she saw the defendant shoot the victim, they must conclude that the defendant shot the victim. No other facts are needed to establish this point.Circumstantial evidence introduces one or more facts that tend to prove a fact, but jurors must draw conclusions (called inferences) based on this evidence in order to conclude that the fact exists. Unlike direct evidence, it is possible for the jurors to believe the circumstantial evidence but draw the conclusion that the event that the attorney is trying to prove did not happen. For example, a juror might believe the witness who said she saw the defendant holding a smoking gun but conclude that the defendant was not the person who fired it. The jurors are charged with weighing the evidence. Some items of circumstantial evidence are so important that they establish key elements of the offense. Other items may be of such limited value that the jurors ignore them.

Question 3

Explain the difference between cumulative evidence and corroborative evidence and give an example of each.

Accepted Answer

Cumulative evidence merely repeats evidence previously introduced at the trial. Corroborative evidence supports the testimony of a previous witness by verifying details. The judge has the right to restrict cumulative evidence.For example, assume that 10 people witnessed a robbery from the same vantage point and told the police that they saw the same thing. Since the additional witnesses are providing no new evidence, the judge will deny an attorney's request to call all of them to the stand. Several will be allowed to testify but it is up to the judge's discretion exactly how many.Corroborative evidence provides additional facts to substantiate evidence that has already been admitted. It is admissible because it provides new details that will help the jury decide whether or not to believe the testimony of a prior witness. For example, a witness testified that she saw a short man with dark hair in a green shirt assault the victim at 10:00 pm.Another witness testified that he saw a short man in a green shirt leave the location at 10:02.This corroborates the testimony of the first witness by giving the same description and indicates that the man was probably at the location at the time of the crime. The testimony is not cumulative. The first witness testified that she saw the assault, the second saw the man leave the location.

Question 4

Which of the following would be direct evidence in a murder case?

Accepted Answer

A)  DNA test that establishes that the defendant's blood was found at the crime scene 
B)  testimony of an expert witness that there is a 1 in 3 million chance that the DNA found at the scene could have come from someone other than the defendant 
C)  testimony of police officer describing the confession the defendant made 
D)  testimony of eyewitness describing the defendant shooting the victim 
A)  DNA test that establishes that the defendant's blood was found at the crime scene 
B)  testimony of an expert witness that there is a 1 in 3 million chance that the DNA found at the scene could have come from someone other than the defendant 
C)  testimony of police officer describing the confession the defendant made 
D)  testimony of eyewitness describing the defendant shooting the victim

Question 5

The judge may take judicial notice of any commonly known fact.

Accepted Answer

A) True 
 B)False

Question 6

Relevant evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.

Accepted Answer

A) True 
 B)False

Question 7

Testimonial evidence includes all statements made to the police.

Accepted Answer

A) True 
 B)False

Question 8

Cumulative evidence may be excluded even though it is relevant.

Accepted Answer

A) True 
 B)False

Question 9

Sam is sitting in a courtroom doing an assignment for his evidence class. He hears Paul, the Prosecutor, and Dick, the Defense Attorney, talking to Judge John:
· Paul asked the judge to accept a stipulation that the defendant had a prior conviction. Dick denied that the defendant had ever been convicted before.
· Dick asked the judge to take judicial notice of the fact that it was daylight at 10 a.m. on June 5.
· Paul asked the judge to instruct the jury on a presumption. Dick objected on the grounds that Paul had not established the basic fact beyond a reasonable doubt. Should Judge John take judicial notice that it was daylight at 10 a.m.?

Accepted Answer

A)  Yes, the hours of daylight are facts that can be accurately determined from a reliable source. 
B)  Only if Dick brings in an almanac or other reliable reference source for the judge to read. 
C)  Only if Dick brings in an expert meteorologist who was in the area on June 5 and can testify that the sun was shining. 
D)  No, judicial notice is not allowed in criminal cases. 
A)  Yes, the hours of daylight are facts that can be accurately determined from a reliable source. 
B)  Only if Dick brings in an almanac or other reliable reference source for the judge to read. 
C)  Only if Dick brings in an expert meteorologist who was in the area on June 5 and can testify that the sun was shining. 
D)  No, judicial notice is not allowed in criminal cases.

Question 10

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

Accepted Answer

A)  only if the prosecution establishes the presumed fact by a preponderance of the evidence. 
B)  only if the prosecution established the basic fact by a preponderance of the evidence. 
C)  only if the prosecution establishes the presumed fact beyond a reasonable doubt. 
D)  only if the prosecution establishes the basic fact beyond a reasonable doubt. 
A)  only if the prosecution establishes the presumed fact by a preponderance of the evidence. 
B)  only if the prosecution established the basic fact by a preponderance of the evidence. 
C)  only if the prosecution establishes the presumed fact beyond a reasonable doubt. 
D)  only if the prosecution establishes the basic fact beyond a reasonable doubt.

Question 11

Sam is sitting in a courtroom doing an assignment for his evidence class. He hears Paul, the Prosecutor, and Dick, the Defense Attorney, talking to Judge John:
· Paul asked the judge to accept a stipulation that the defendant had a prior conviction. Dick denied that the defendant had ever been convicted before.
· Dick asked the judge to take judicial notice of the fact that it was daylight at 10 a.m. on June 5.
· Paul asked the judge to instruct the jury on a presumption. Dick objected on the grounds that Paul had not established the basic fact beyond a reasonable doubt. Should Judge John inform the jury about the stipulation?

Accepted Answer

A)  Yes, the prosecution has the right to enter stipulations in criminal trials. 
B)  Judge John should accept the stipulation only if he believes it is true. 
C)  Judge John should reject Paul's request for a stipulation because Dick did not agree to it. 
D)  Judge John should reject Paul's request for a stipulation because stipulations are unconstitutional in criminal cases. 
A)  Yes, the prosecution has the right to enter stipulations in criminal trials. 
B)  Judge John should accept the stipulation only if he believes it is true. 
C)  Judge John should reject Paul's request for a stipulation because Dick did not agree to it. 
D)  Judge John should reject Paul's request for a stipulation because stipulations are unconstitutional in criminal cases.

Question 12

Direct evidence establishes a fact without an inference.

Accepted Answer

A) True 
 B)False

Question 13

If the attorneys stipulate to a fact, no evidence will be introduced at trial about that fact.

Accepted Answer

A) True 
 B)False

Question 14

All relevant evidence is admissible

Accepted Answer

A) True 
 B)False

Question 15

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

Accepted Answer

A) True 
 B)False

Question 16

When the defendant enters a plea of "Not Guilty," all facts needed to establish the crime are placed "at issue."

Accepted Answer

A) True 
 B)False

Question 17

If there has been a stipulation to a fact, the prosecution will not be allowed to introduce any testimony about that fact.

Accepted Answer

A) True 
 B)False

Question 18

If the defense wants a presumption to be used, it must prove the basic fact.

Accepted Answer

A) True 
 B)False

Question 19

In order to have a stipulation:

Accepted Answer

A)  attorneys for both sides must agree on the stipulated fact. 
B)  more than one witness must testify that the stipulated fact exists. 
C)  the physical item stipulated to must be produced at trial. 
D)  the stipulation must be in writing and signed by the judge. 
A)  attorneys for both sides must agree on the stipulated fact. 
B)  more than one witness must testify that the stipulated fact exists. 
C)  the physical item stipulated to must be produced at trial. 
D)  the stipulation must be in writing and signed by the judge.

Question 20

Define relevant evidence .When is relevant evidence admissible in court?  When is relevant evidence NOT admissible in court?

Accepted Answer

Relevant evidence is defined as any evid

Cumulative evidence:

Define direct evidence and circumstantial evidence. Explain the differences between them.

Explain the difference between cumulative evidence and corroborative evidence and give an example of each.

Which of the following would be direct evidence in a murder case?

The judge may take judicial notice of any commonly known fact.

Relevant evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.

Testimonial evidence includes all statements made to the police.

Cumulative evidence may be excluded even though it is relevant.

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

Direct evidence establishes a fact without an inference.

If the attorneys stipulate to a fact, no evidence will be introduced at trial about that fact.

All relevant evidence is admissible

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

When the defendant enters a plea of "Not Guilty," all facts needed to establish the crime are placed "at issue."

If there has been a stipulation to a fact, the prosecution will not be allowed to introduce any testimony about that fact.

If the defense wants a presumption to be used, it must prove the basic fact.

In order to have a stipulation:

Define relevant evidence .When is relevant evidence admissible in court? When is relevant evidence NOT admissible in court?

Introduction

The Role of the Courts

The Adjudication Process

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters

Exam 4: Types of Evidence

Cumulative evidence:

Define direct evidence and circumstantial evidence. Explain the differences between them.

Explain the difference between cumulative evidence and corroborative evidence and give an example of each.

Which of the following would be direct evidence in a murder case?

The judge may take judicial notice of any commonly known fact.

Relevant evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.

Testimonial evidence includes all statements made to the police.

Cumulative evidence may be excluded even though it is relevant.

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

Direct evidence establishes a fact without an inference.

If the attorneys stipulate to a fact, no evidence will be introduced at trial about that fact.

All relevant evidence is admissible

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

When the defendant enters a plea of "Not Guilty," all facts needed to establish the crime are placed "at issue."

If there has been a stipulation to a fact, the prosecution will not be allowed to introduce any testimony about that fact.

If the defense wants a presumption to be used, it must prove the basic fact.

In order to have a stipulation:

Define relevant evidence .When is relevant evidence admissible in court? When is relevant evidence NOT admissible in court?

Introduction

The Role of the Courts

The Adjudication Process

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters