Exam 3: Forms of Evidence

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Presumptions of fact are required by law.

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True

Evidence that proves a fact without the need for a juror to infer or presume anything from it is

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Judicial notice decisions are not subject to appellate review.

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False

A Sixth Amendment violation occurs when a conclusive presumption is required by law.

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Why is the defendant's mental capacity (usually) not treated as circumstantial evidence?

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A(n) ______is something that can be determined by looking it up in some source, the accuracy of which cannot be easily disputed.

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Presumptions of fact is a presumption where the law requires that an inference or deduction be drawn.

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An inference can also be understood as a substitute for evidence.

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Judicial notice is a procedure that courts use to determine the truth or falsity of a matter without having to follow the normal rules of evidence.

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Which of the following is not true of conclusive presumptions?

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The court and the jury in a criminal case know nothing about the dispute between the two parties involved. The court and the jury can come to know about the dispute only through evidence properly introduced; this defines

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Some critics of judicial notice have argued that it violates the Constitution.

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When courts take judicial notice of facts, they essentially circumvent the right to a jury trial, which is guaranteed in the

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Which party must introduce evidence of character before it is considered relevant?

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It is possible for testimonial evidence to be either direct or circumstantial.

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The only time the defense should be required to offer proof against some presumption is when that presumption is specifically

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Which of the following would not be circumstantial evidence that a person had the ability to commit a crime?

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Circumstantial evidence does not speak directly to the defendant's involvement in a crime; it does so in a roundabout way.

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Judicial notice places a substantial time burden on the jury.

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The term "mens rea" refers to the

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