Question 1

When a piece of evidence is referred to as "material," "material" means:

Accepted Answer

A)  it is relevant and more than remotely connected to the fact. 
B)  it is relevant to an important fact in the case. 
C)  the prosecution cannot win a conviction without this piece of evidence. 
D)  relevant and material are synonymous - any fact that is relevant is also material. 
A)  it is relevant and more than remotely connected to the fact. 
B)  it is relevant to an important fact in the case. 
C)  the prosecution cannot win a conviction without this piece of evidence. 
D)  relevant and material are synonymous - any fact that is relevant is also material.

Question 2

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 item would be considered real evidence?

Accepted Answer

A)  Mike's testimony that he saw the theft occur. 
B)  The ring that Ricky tried to pawn. 
C)  Patty's testimony that Ricky gave her an engagement ring. 
D)  Nate's testimony that the ring was not in the display case after Ricky left the store. 
A)  Mike's testimony that he saw the theft occur. 
B)  The ring that Ricky tried to pawn. 
C)  Patty's testimony that Ricky gave her an engagement ring. 
D)  Nate's testimony that the ring was not in the display case after Ricky left the store.

Question 3

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 give a jury instruction about the presumption as requested by Paul?

Accepted Answer

A)  Yes, the prosecution is allowed to introduce presumptions in criminal cases as long as there is some basis in fact for them. 
B)  Yes, as long as Dick has an opportunity to introduce evidence to disprove the presumed fact. 
C)  No, Dick is correct. The prosecution must establish the basic fact beyond a reasonable doubt in criminal cases. 
D)  No, presumptions are unconstitutional in criminal cases. 
A)  Yes, the prosecution is allowed to introduce presumptions in criminal cases as long as there is some basis in fact for them. 
B)  Yes, as long as Dick has an opportunity to introduce evidence to disprove the presumed fact. 
C)  No, Dick is correct. The prosecution must establish the basic fact beyond a reasonable doubt in criminal cases. 
D)  No, presumptions are unconstitutional in criminal cases.

Question 4

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. Nate's testimony would be considered circumstantial evidence because:

Accepted Answer

A)  if believed, it makes it more probable that Ricky stole the ring. 
B)  the judge gave the jury an instruction on limited admissibility. 
C)  the jury must draw an inference before they can conclude that Ricky stole the ring. 
D)  it only establishes the theft if the parties stipulate to his testimony. 
A)  if believed, it makes it more probable that Ricky stole the ring. 
B)  the judge gave the jury an instruction on limited admissibility. 
C)  the jury must draw an inference before they can conclude that Ricky stole the ring. 
D)  it only establishes the theft if the parties stipulate to his testimony.

Question 5

A presumption is an inference that jurors are told they must draw.

Accepted Answer

A) True 
 B)False

Question 6

Circumstantial evidence relies on inferences to establish facts.

Accepted Answer

A) True 
 B)False

Question 7

The most common reason for an attorney to agree to a stipulation is:

Accepted Answer

A)  save time at trial. 
B)  it would be hard to find a witness to testify about the fact. 
C)  opposing counsel could easily prove the fact. 
D)  the stipulation is required by law. 
A)  save time at trial. 
B)  it would be hard to find a witness to testify about the fact. 
C)  opposing counsel could easily prove the fact. 
D)  the stipulation is required by law.

Question 8

In a criminal trial, jurors cannot base their verdict on stipulations.

Accepted Answer

A) True 
 B)False

Question 9

An example of corroborative evidence would be:

Accepted Answer

A)  testimony of two witnesses whose description of the scene to almost identical. 
B)  a fact that is established by the use of a rebuttable presumption. 
C)  a fact that is established when the judge took judicial notice. 
D)  real (physical) evidence that supports the testimony of a witness. 
A)  testimony of two witnesses whose description of the scene to almost identical. 
B)  a fact that is established by the use of a rebuttable presumption. 
C)  a fact that is established when the judge took judicial notice. 
D)  real (physical) evidence that supports the testimony of a witness.

Question 10

Explain the use of testimonial evidence. Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial.

Accepted Answer

Testimonial evidence is defined as evide

Question 11

If the defense introduces evidence on the basic fact in order to establish a rebuttable 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 12

Real evidence refers to physical objects.

Accepted Answer

A) True 
 B)False

Question 13

A judge takes judicial notice only if an attorney has requested it.

Accepted Answer

A) True 
 B)False

Question 14

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. What would provide the best corroboration for Mike's testimony?

Accepted Answer

A)  Nate's testimony that the display case was empty after Ricky left the store. 
B)  Owen's testimony that Ricky tried to pawn a ring. 
C)  Patty's testimony that Mike was not present when she threw her engagement ring at Ricky. 
D)  Mike's testimony cannot be corroborated unless Ricky takes the stand and confesses. 
A)  Nate's testimony that the display case was empty after Ricky left the store. 
B)  Owen's testimony that Ricky tried to pawn a ring. 
C)  Patty's testimony that Mike was not present when she threw her engagement ring at Ricky. 
D)  Mike's testimony cannot be corroborated unless Ricky takes the stand and confesses.

Question 15

The defendant had a minor felony conviction, but did not commit any crimes for 20 years after that. She is now on trial for an unrelated type of crime. The felony conviction is not admissible because:

Accepted Answer

A)  the evidence is material but not relevant. 
B)  the evidence is cumulative evidence. 
C)  the evidence is corroborative evidence. 
D)  the prejudicial impact on the jury outweighs its probative value. 
A)  the evidence is material but not relevant. 
B)  the evidence is cumulative evidence. 
C)  the evidence is corroborative evidence. 
D)  the prejudicial impact on the jury outweighs its probative value.

When a piece of evidence is referred to as "material," "material" means:

A presumption is an inference that jurors are told they must draw.

Circumstantial evidence relies on inferences to establish facts.

The most common reason for an attorney to agree to a stipulation is:

In a criminal trial, jurors cannot base their verdict on stipulations.

An example of corroborative evidence would be:

Explain the use of testimonial evidence. Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial.

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

Real evidence refers to physical objects.

A judge takes judicial notice only if an attorney has requested it.

The defendant had a minor felony conviction, but did not commit any crimes for 20 years after that. She is now on trial for an unrelated type of crime. The felony conviction is not admissible because:

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

When a piece of evidence is referred to as "material," "material" means:

A presumption is an inference that jurors are told they must draw.

Circumstantial evidence relies on inferences to establish facts.

The most common reason for an attorney to agree to a stipulation is:

In a criminal trial, jurors cannot base their verdict on stipulations.

An example of corroborative evidence would be:

Explain the use of testimonial evidence. Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial.

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

Real evidence refers to physical objects.

A judge takes judicial notice only if an attorney has requested it.

The defendant had a minor felony conviction, but did not commit any crimes for 20 years after that. She is now on trial for an unrelated type of crime. The felony conviction is not admissible because:

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