Question 1

Testimonial evidence refers to:

Accepted Answer

A)  statements made while testifying under oath. 
B)  affidavits. 
C)  depositions. 
D)  all of these 
A)  statements made while testifying under oath. 
B)  affidavits. 
C)  depositions. 
D)  all of these

Question 2

In order to qualify as testimonial evidence, the statement must be:

Accepted Answer

A)  made under oath. 
B)  contain no hearsay. 
C)  be a first-hand observation. 
D)  all of these are required 
A)  made under oath. 
B)  contain no hearsay. 
C)  be a first-hand observation. 
D)  all of these are required

Question 3

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

Accepted Answer

A)  disprove the basic fact. 
B)  disprove the presumed fact. 
C)  disprove either the basic fact or the presumed fact. 
D)  ask that the jury be instructed that presumptions cannot be used in criminal cases. 
A)  disprove the basic fact. 
B)  disprove the presumed fact. 
C)  disprove either the basic fact or the presumed fact. 
D)  ask that the jury be instructed that presumptions cannot be used in criminal cases.

Question 4

Mary is on trial for child abuse. Devin, Mary's defense attorney, has interviewed the following witnesses:
· Larry, Mary's brother who lives 500 miles away and has not visited Mary since June of last year, who states that he has never seen Mary abuse her children.
· Kathy, Mary's15-year-old babysitter, who claims that she saw the children's father hit them with a belt on March 1.
· Julie, a nurse at the clinic where Mary takes the children for medical care, who reported that the children came in for an appointment on March 2 and had bruises that she suspected were inflicted with a belt
· Isabel, a social worker for Children's Protective Services (CPS), who testified at a civil court hearing on a petition filed against Mary by CPS, that on March 10 she saw numerous bruises in different stages of healing on the children.
· Henry, Mary's boyfriend, who insists he saw the children's father hit them with a belt on March 1. What would be considered testimonial evidence?

Accepted Answer

A)  All of these would be testimonial evidence. 
B)  Larry's statement made during a telephone call to Devin. 
C)  Julie's notes in the children's medical records. 
D)  Isabel's statements made at the civil court hearing. 
A)  All of these would be testimonial evidence. 
B)  Larry's statement made during a telephone call to Devin. 
C)  Julie's notes in the children's medical records. 
D)  Isabel's statements made at the civil court hearing.

Question 5

The Federal Rules of Evidence mandate that a judge take judicial notice of:

Accepted Answer

A)  facts that can be readily determined from a source whose accuracy is beyond dispute. 
B)  any fact that both sides request that the judge take notice of. 
C)  facts that have been established by the testimony of two or more witnesses. 
D)  all of these 
A)  facts that can be readily determined from a source whose accuracy is beyond dispute. 
B)  any fact that both sides request that the judge take notice of. 
C)  facts that have been established by the testimony of two or more witnesses. 
D)  all of these

Question 6

The difference between direct and circumstantial evidence is:

Accepted Answer

A)  direct evidence requires the use of an inference but circumstantial evidence does not. 
B)  circumstantial evidence requires the use of an inference but direct evidence does not. 
C)  direct evidence requires judicial discretion but circumstantial evidence is not. 
D)  circumstantial evidence requires the use of a presumption but direct evidence does not. 
A)  direct evidence requires the use of an inference but circumstantial evidence does not. 
B)  circumstantial evidence requires the use of an inference but direct evidence does not. 
C)  direct evidence requires judicial discretion but circumstantial evidence is not. 
D)  circumstantial evidence requires the use of a presumption but direct evidence does not.

Question 7

Corroborative evidence merely restates facts already introduced into evidence.

Accepted Answer

A) True 
 B)False

Question 8

All relevant evidence is material.

Accepted Answer

A) True 
 B)False

Question 9

Something is "at issue" in a trial if it relates to:

Accepted Answer

A)  any disputed element of a crime that is charged. 
B)  any act of the defendant after the allege crime occurred. 
C)  any other crime committed by the defendant. 
D)  any prior conviction of the defendant . 
A)  any disputed element of a crime that is charged. 
B)  any act of the defendant after the allege crime occurred. 
C)  any other crime committed by the defendant. 
D)  any prior conviction of the defendant .

Question 10

List three (3) types of substitutes for evidence and explain their use in court. Why are substitutes for evidence used in the courtroom?

Accepted Answer

Three types of substitutes for evidence

Question 11

The term "real evidence" refers to:

Accepted Answer

A)  physical objects. 
B)  documents. 
C)  photographs. 
D)  all of these 
A)  physical objects. 
B)  documents. 
C)  photographs. 
D)  all of these

Question 12

An item of evidence introduced by the prosecution at trial has probative value if:

Accepted Answer

A)  it proves a fact without the need for additional evidence. 
B)  it proves a fact with the use of an inference. 
C)  it makes it appear that a fact probably occurred. 
D)  it must do all of these in order to have probative value. 
A)  it proves a fact without the need for additional evidence. 
B)  it proves a fact with the use of an inference. 
C)  it makes it appear that a fact probably occurred. 
D)  it must do all of these in order to have probative value.

Question 13

A judge can take judicial notice:

Accepted Answer

A)  of any fact introduced at trial. 
B)  only if an attorney requests that the judge take judicial notice of a fact. 
C)  of any relevant fact that is "commonly known" in the scientific community. 
D)  judges can take judicial notice in civil cases but not criminal cases 
A)  of any fact introduced at trial. 
B)  only if an attorney requests that the judge take judicial notice of a fact. 
C)  of any relevant fact that is "commonly known" in the scientific community. 
D)  judges can take judicial notice in civil cases but not criminal cases

Question 14

"Limited admissibility" means that evidence:

Accepted Answer

A)  is of limited value because the witness has a prior conviction. 
B)  can be used to prove misdemeanors but not felonies. 
C)  can be used to prove one fact but not another. 
D)  none of these are correct 
A)  is of limited value because the witness has a prior conviction. 
B)  can be used to prove misdemeanors but not felonies. 
C)  can be used to prove one fact but not another. 
D)  none of these are correct

Question 15

A conviction cannot be based entirely on circumstantial evidence.

Accepted Answer

A) True 
 B)False

Question 16

Judicial notice is not required if the parties enter into a stipulation.

Accepted Answer

A) True 
 B)False

Question 17

Mary is on trial for child abuse. Devin, Mary's defense attorney, has interviewed the following witnesses:
· Larry, Mary's brother who lives 500 miles away and has not visited Mary since June of last year, who states that he has never seen Mary abuse her children.
· Kathy, Mary's15-year-old babysitter, who claims that she saw the children's father hit them with a belt on March 1.
· Julie, a nurse at the clinic where Mary takes the children for medical care, who reported that the children came in for an appointment on March 2 and had bruises that she suspected were inflicted with a belt
· Isabel, a social worker for Children's Protective Services (CPS), who testified at a civil court hearing on a petition filed against Mary by CPS, that on March 10 she saw numerous bruises in different stages of healing on the children.
· Henry, Mary's boyfriend, who insists he saw the children's father hit them with a belt on March 1. What testimony would be considered cumulative?

Accepted Answer

A)  Larry's statement that he believes what Mary said. 
B)  Kathy's statement that she saw the same thing Henry saw. 
C)  Julie and Isabel's statements that the children had numerous bruises. 
D)  None of these would be cumulative evidence. 
A)  Larry's statement that he believes what Mary said. 
B)  Kathy's statement that she saw the same thing Henry saw. 
C)  Julie and Isabel's statements that the children had numerous bruises. 
D)  None of these would be cumulative evidence.

Question 18

Ricky has been charged with grand theft for stealing a $1,000 diamond ring.The police investigator found the following:
· Mike claims he saw Ricky take the ring from a display case at a jewelry store;
· Nate, a clerk at the jewelry store, reported the ring missing two minutes after Ricky left the store;
· Owen, the owner of a pawn shop, claims Ricky tried to pawn a ring one hour after Nate reported it missing;
· Patty, Ricky's former girlfriend, claims she threw her engagement ring in Ricky's face when they broke up two years ago. Which would be considered direct evidence?

Accepted Answer

A)  Mike's testimony that he saw the theft occur. 
B)  Nate's testimony that he discovered the ring was missing. 
C)  Owen's testimony the Rick tried to pawn a ring. 
D)  Patty's testimony that she threw a ring at Ricky. 
A)  Mike's testimony that he saw the theft occur. 
B)  Nate's testimony that he discovered the ring was missing. 
C)  Owen's testimony the Rick tried to pawn a ring. 
D)  Patty's testimony that she threw a ring at Ricky.

Question 19

Mary is on trial for child abuse. Devin, Mary's defense attorney, has interviewed the following witnesses:
· Larry, Mary's brother who lives 500 miles away and has not visited Mary since June of last year, who states that he has never seen Mary abuse her children.
· Kathy, Mary's15-year-old babysitter, who claims that she saw the children's father hit them with a belt on March 1.
· Julie, a nurse at the clinic where Mary takes the children for medical care, who reported that the children came in for an appointment on March 2 and had bruises that she suspected were inflicted with a belt
· Isabel, a social worker for Children's Protective Services (CPS), who testified at a civil court hearing on a petition filed against Mary by CPS, that on March 10 she saw numerous bruises in different stages of healing on the children.
· Henry, Mary's boyfriend, who insists he saw the children's father hit them with a belt on March 1. Whose testimony is most likely to be ruled immaterial?

Accepted Answer

A)  Larry, because he has had no contact with Mary when the events at issue occurred. 
B)  Kathy because she is a minor. 
C)  Julie because she did not see anyone hit the children. 
D)  Henry because he is probably biased in favor of his girlfriend. 
A)  Larry, because he has had no contact with Mary when the events at issue occurred. 
B)  Kathy because she is a minor. 
C)  Julie because she did not see anyone hit the children. 
D)  Henry because he is probably biased in favor of his girlfriend.

Question 20

An inference is:

Accepted Answer

A)  a conclusion that the judge tells the jurors that they must draw. 
B)  a fact that is assumed to have happened if the basic fact was established. 
C)  a conclusion that is drawn about the person who is testifying. 
D)  a logical conclusion drawn from the facts introduced into evidence. 
A)  a conclusion that the judge tells the jurors that they must draw. 
B)  a fact that is assumed to have happened if the basic fact was established. 
C)  a conclusion that is drawn about the person who is testifying. 
D)  a logical conclusion drawn from the facts introduced into evidence.

Testimonial evidence refers to:

In order to qualify as testimonial evidence, the statement must be:

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

The Federal Rules of Evidence mandate that a judge take judicial notice of:

The difference between direct and circumstantial evidence is:

Corroborative evidence merely restates facts already introduced into evidence.

All relevant evidence is material.

Something is "at issue" in a trial if it relates to:

List three (3) types of substitutes for evidence and explain their use in court. Why are substitutes for evidence used in the courtroom?

The term "real evidence" refers to:

An item of evidence introduced by the prosecution at trial has probative value if:

A judge can take judicial notice:

"Limited admissibility" means that evidence:

A conviction cannot be based entirely on circumstantial evidence.

Judicial notice is not required if the parties enter into a stipulation.

An inference is:

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

Testimonial evidence refers to:

In order to qualify as testimonial evidence, the statement must be:

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

The Federal Rules of Evidence mandate that a judge take judicial notice of:

The difference between direct and circumstantial evidence is:

Corroborative evidence merely restates facts already introduced into evidence.

All relevant evidence is material.

Something is "at issue" in a trial if it relates to:

List three (3) types of substitutes for evidence and explain their use in court. Why are substitutes for evidence used in the courtroom?

The term "real evidence" refers to:

An item of evidence introduced by the prosecution at trial has probative value if:

A judge can take judicial notice:

"Limited admissibility" means that evidence:

A conviction cannot be based entirely on circumstantial evidence.

Judicial notice is not required if the parties enter into a stipulation.

An inference is:

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