Question 1

Impeachment is a way of excluding a witness from testifying.

Accepted Answer

A) True 
 B)False  False

Question 2

What is the term that applies when a person meets the minimum qualifications to testify as a witness at trial?

Accepted Answer

A)  competent 
B)  capable 
C)  credible 
D)  compliant 
A)  competent 
B)  capable 
C)  credible 
D)  compliant A

Question 3

Witnesses who have the ability to observe and remember

Accepted Answer

A)  may testify. 
B)  are disqualified. 
C)  cannot testify as witnesses. 
D)  are considered truthful. 
A)  may testify. 
B)  are disqualified. 
C)  cannot testify as witnesses. 
D)  are considered truthful. A

Question 4

Which of the following constitutional amendments did the common law spousal privilege regarding witness competency seek to protect?

Accepted Answer

A)  Fourth Amendment 
B)  Fifth Amendment 
C)  Sixth Amendment 
D)  Eighth Amendment 
A)  Fourth Amendment 
B)  Fifth Amendment 
C)  Sixth Amendment 
D)  Eighth Amendment

Question 5

Which of the following reasons would least likely be used to judge a witness incompetent?

Accepted Answer

A)  mental incapacity 
B)  childhood 
C)  prior convictions 
D)  religious beliefs 
A)  mental incapacity 
B)  childhood 
C)  prior convictions 
D)  religious beliefs

Question 6

The rationale for impeaching one's own witness is

Accepted Answer

A)  to lessen the blow imposed by cross-examination. 
B)  surprise. 
C)  none of the above 
D)  both a and b 
A)  to lessen the blow imposed by cross-examination. 
B)  surprise. 
C)  none of the above 
D)  both a and b

Question 7

Which of the following accommodations to child witnesses would most likely not be allowed?

Accepted Answer

A)  allowing a child witness to testify by closed-circuit television 
B)  allowing an attorney to pose slightly leading questions to a child witness 
C)  allowing only direct examination and no cross-examination of a child witness 
D)  allowing a child witness to take a break between direction and cross-examination 
A)  allowing a child witness to testify by closed-circuit television 
B)  allowing an attorney to pose slightly leading questions to a child witness 
C)  allowing only direct examination and no cross-examination of a child witness 
D)  allowing a child witness to take a break between direction and cross-examination

Question 8

The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define

Accepted Answer

A)  corroborative evidence. 
B)  credibility. 
C)  competency. 
D)  none of the above 
A)  corroborative evidence. 
B)  credibility. 
C)  competency. 
D)  none of the above

Question 9

What is the difference between corroborative evidence and cumulative evidence?

Accepted Answer

Supporting evidence is known a

Question 10

Which of the following scenarios would not be allowed for impeachment?

Accepted Answer

A)  A witness gave prior inconsistent statements at a preliminary hearing. 
B)  A witness gave contradictory answers when being questioned by police before trial. 
C)  A witness gave no explanation to police when being questioned before trial. 
D)  A witness gave contradictory answers to police before the witness had been given proper Miranda warnings. 
A)  A witness gave prior inconsistent statements at a preliminary hearing. 
B)  A witness gave contradictory answers when being questioned by police before trial. 
C)  A witness gave no explanation to police when being questioned before trial. 
D)  A witness gave contradictory answers to police before the witness had been given proper Miranda warnings.

Question 11

Religious beliefs can declare a person incompetent

Accepted Answer

A)  if they are not popular. 
B)  if they are anarchistic. 
C)  never. 
D)  if they are uttered by a person of the cloth. 
A)  if they are not popular. 
B)  if they are anarchistic. 
C)  never. 
D)  if they are uttered by a person of the cloth.

Question 12

Which of the following is true regarding the competency of children as witnesses?

Accepted Answer

A)  Most jurisdictions do not allow children under the age of ten to testify. 
B)  Most jurisdictions do not allow children under the age of seven to testify. 
C)  Most jurisdictions consider the age of the child and his or her ability to understand the full meaning of the oath. 
D)  Most jurisdictions consider the age of the child and the ability to tell truth from falsehood. 
A)  Most jurisdictions do not allow children under the age of ten to testify. 
B)  Most jurisdictions do not allow children under the age of seven to testify. 
C)  Most jurisdictions consider the age of the child and his or her ability to understand the full meaning of the oath. 
D)  Most jurisdictions consider the age of the child and the ability to tell truth from falsehood.

Question 13

Which of the following is not true regarding mental incapacity and competency to be a witness?

Accepted Answer

A)  A person judged insane cannot testify unless he or she can understand the obligation of the oath. 
B)  A person judged insane cannot testify unless he or she is capable of giving a correct account of what happened. 
C)  A person judged insane cannot testify under any circumstances. 
D)  A person judged insane cannot testify unless he or she understands the consequences of giving false testimony. 
A)  A person judged insane cannot testify unless he or she can understand the obligation of the oath. 
B)  A person judged insane cannot testify unless he or she is capable of giving a correct account of what happened. 
C)  A person judged insane cannot testify under any circumstances. 
D)  A person judged insane cannot testify unless he or she understands the consequences of giving false testimony.

Question 14

When the prosecution or defense attempts to support, bolster, or improve a witness's credibility, this is known as "discrediting."

Accepted Answer

A) True 
 B)False

Question 15

Rule 608(a) of the Federal Rules of Evidence states "the credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, without limitation."

Accepted Answer

A) True 
 B)False

Question 16

Which of the following would allow a prior conviction to be introduced to impeach a witness?

Accepted Answer

A)  The probative value outweighed the prejudicial value. 
B)  The prejudicial value outweighed the probative value. 
C)  The prior conviction was more than ten years old. 
D)  The prior conviction was later pardoned. 
A)  The probative value outweighed the prejudicial value. 
B)  The prejudicial value outweighed the probative value. 
C)  The prior conviction was more than ten years old. 
D)  The prior conviction was later pardoned.

Question 17

If an individual has prior felony convictions, he or she cannot testify.

Accepted Answer

A) True 
 B)False

Question 18

The prosecution can attack a witness's credibility for

Accepted Answer

A)  bias. 
B)  race. 
C)  sexual orientation. 
D)  attending college. 
A)  bias. 
B)  race. 
C)  sexual orientation. 
D)  attending college.

Question 19

Which of the following is true of impeachment?

Accepted Answer

A)  Both the prosecution and defense may impeach the witnesses they call and the witnesses the other party calls. 
B)  The prosecution and defense may impeach only the witnesses they call. 
C)  The prosecution and defense may impeach only the witnesses the other party calls. 
D)  Only the judge may impeach witnesses. 
A)  Both the prosecution and defense may impeach the witnesses they call and the witnesses the other party calls. 
B)  The prosecution and defense may impeach only the witnesses they call. 
C)  The prosecution and defense may impeach only the witnesses the other party calls. 
D)  Only the judge may impeach witnesses.

Question 20

Credibility goes to the believability of the witness.

Accepted Answer

A) True 
 B)False

Impeachment is a way of excluding a witness from testifying.

What is the term that applies when a person meets the minimum qualifications to testify as a witness at trial?

Witnesses who have the ability to observe and remember

Which of the following constitutional amendments did the common law spousal privilege regarding witness competency seek to protect?

Which of the following reasons would least likely be used to judge a witness incompetent?

The rationale for impeaching one's own witness is

Which of the following accommodations to child witnesses would most likely not be allowed?

The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define

What is the difference between corroborative evidence and cumulative evidence?

Which of the following scenarios would not be allowed for impeachment?

Religious beliefs can declare a person incompetent

Which of the following is true regarding the competency of children as witnesses?

Which of the following is not true regarding mental incapacity and competency to be a witness?

When the prosecution or defense attempts to support, bolster, or improve a witness's credibility, this is known as "discrediting."

Rule 608(a) of the Federal Rules of Evidence states "the credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, without limitation."

Which of the following would allow a prior conviction to be introduced to impeach a witness?

If an individual has prior felony convictions, he or she cannot testify.

The prosecution can attack a witness's credibility for

Which of the following is true of impeachment?

Credibility goes to the believability of the witness.

The American Criminal Court System

Some Important Underlying Concepts

Forms of Evidence

Obtaining Evidence and the Fourth Amendment

Searches and Arrests With Warrants

Exceptions to the Warrant Requirement

Self-Incrimination, Confessions, and Identification Procedures

Examining Witnesses

Testimonial Privileges

The Hearsay Rule

Exceptions to the Hearsay Rule

How Different Types of Evidence Are Introduced

Wrongful Convictions

Filters

Exam 8: Witness Competency, Credibility, and Impeachment

Impeachment is a way of excluding a witness from testifying.

What is the term that applies when a person meets the minimum qualifications to testify as a witness at trial?

Witnesses who have the ability to observe and remember

Which of the following constitutional amendments did the common law spousal privilege regarding witness competency seek to protect?

Which of the following reasons would least likely be used to judge a witness incompetent?

The rationale for impeaching one's own witness is

Which of the following accommodations to child witnesses would most likely not be allowed?

The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define

What is the difference between corroborative evidence and cumulative evidence?

Which of the following scenarios would not be allowed for impeachment?

Religious beliefs can declare a person incompetent

Which of the following is true regarding the competency of children as witnesses?

Which of the following is not true regarding mental incapacity and competency to be a witness?

When the prosecution or defense attempts to support, bolster, or improve a witness's credibility, this is known as "discrediting."

Rule 608(a) of the Federal Rules of Evidence states "the credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, without limitation."

Which of the following would allow a prior conviction to be introduced to impeach a witness?

If an individual has prior felony convictions, he or she cannot testify.

The prosecution can attack a witness's credibility for

Which of the following is true of impeachment?

Credibility goes to the believability of the witness.

The American Criminal Court System

Some Important Underlying Concepts

Forms of Evidence

Obtaining Evidence and the Fourth Amendment

Searches and Arrests With Warrants

Exceptions to the Warrant Requirement

Self-Incrimination, Confessions, and Identification Procedures

Examining Witnesses

Testimonial Privileges

The Hearsay Rule

Exceptions to the Hearsay Rule

How Different Types of Evidence Are Introduced

Wrongful Convictions

Filters