Question 1

Real evidence differs from testimonial evidence in that real evidence:

Accepted Answer

A)  Is physical evidence 
B)  Is evidence that can be seen, felt, or smelled 
C)  Must be authenticated by a witness who testifies to the genuineness of the evidence 
D)  All of the above are correct. 
A)  Is physical evidence 
B)  Is evidence that can be seen, felt, or smelled 
C)  Must be authenticated by a witness who testifies to the genuineness of the evidence 
D)  All of the above are correct. D

Question 2

The logical connection between an item of evidence and the fact of consequence to be proved is the:

Accepted Answer

A)  Materiality 
B)  Relevance 
C)  Probative value 
D)  None of the above 
A)  Materiality 
B)  Relevance 
C)  Probative value 
D)  None of the above C

Question 3

Bad logic prejudice happens when a jury disregards the evidence and convicts the defendant based on a factor that is only marginally relevant or is irrelevant to the case.

Accepted Answer

A) True 
 B)False  True

Question 4

A criminal conviction may be based on what type of evidence?

Accepted Answer

A)  Direct evidence 
B)  Circumstantial evidence 
C)  A combination of direct and circumstantial evidence 
D)  A criminal conviction may be based on all of the above. 
A)  Direct evidence 
B)  Circumstantial evidence 
C)  A combination of direct and circumstantial evidence 
D)  A criminal conviction may be based on all of the above.

Question 5

What are the two categories of presumptions?

Accepted Answer

A)  Conclusive and rebuttable 
B)  Conclusive and irrebuttable 
C)  Rebuttable and permissive 
D)  Conclusive and inferred 
A)  Conclusive and rebuttable 
B)  Conclusive and irrebuttable 
C)  Rebuttable and permissive 
D)  Conclusive and inferred

Question 6

Misleading evidence is another name for confusing evidence.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following witnesses do not testify about facts of the case?

Accepted Answer

A)  An expert witness 
B)  A fact witness 
C)  A character witness 
D)  All of the above testify to facts of the case. 
A)  An expert witness 
B)  A fact witness 
C)  A character witness 
D)  All of the above testify to facts of the case.

Question 8

Which of the following is(are) true about circumstantial evidence?

Accepted Answer

A)  The law of evidence gives circumstantial evidence equal weight with direct evidence. 
B)  A judge can exercise his discretion whether to admit circumstantial evidence. 
C)  Neither a nor b is true. 
D)  Both a and b are true. 
A)  The law of evidence gives circumstantial evidence equal weight with direct evidence. 
B)  A judge can exercise his discretion whether to admit circumstantial evidence. 
C)  Neither a nor b is true. 
D)  Both a and b are true.

Question 9

Some evidence is specifically excluded from trial by law (statute).

Accepted Answer

A) True 
 B)False

Question 10

When evidence is relevant for one issue in a trial but is prejudicial and excluded from evidence for other purposes:

Accepted Answer

A)  It poses a risk that the jury might be unable to limit evidence to the proper purpose 
B)  A judge has the option of excluding the evidence or issuing a limiting instruction 
C)  It is an acceptable practice under the Federal Rules of Evidence 
D)  All of the above are correct. 
A)  It poses a risk that the jury might be unable to limit evidence to the proper purpose 
B)  A judge has the option of excluding the evidence or issuing a limiting instruction 
C)  It is an acceptable practice under the Federal Rules of Evidence 
D)  All of the above are correct.

Question 11

Seven eyewitnesses testifying to the same event is an example of ____________ evidence, and the judge might limit the number of testifying witnesses to three or four to limit repetitive testimony.

Accepted Answer

A)  confusing 
B)  misleading 
C)  cumulative 
D)  conflicting 
A)  confusing 
B)  misleading 
C)  cumulative 
D)  conflicting

Question 12

Explain what is meant by the requirement that evidence must be material and have probative value in order to be relevant.

Accepted Answer

Student responses should inclu

Question 13

Explain the process for judicial notice of an adjudicative fact and the impact judicial notice has on the prosecutor's burden of proof and on the jury's deliberations.

Accepted Answer

Student responses should include referen

Question 14

Federal Evidence Rule 403 gives the judge limited discretion to admit or exclude evidence.

Accepted Answer

A) True 
 B)False

Question 15

A jury must accept a judicially noted fact as true.

Accepted Answer

A) True 
 B)False

Question 16

Significant historical figures and events are considered facts within common knowledge and can be judicially noticed.

Accepted Answer

A) True 
 B)False

Question 17

Circumstantial evidence is said to establish fact in a roundabout fashion

Accepted Answer

A) True 
 B)False

Question 18

Trial evidence is divided into two types: testimonial and __________.

Accepted Answer

A)  direct 
B)  circumstantial 
C)  real 
D)  expert 
A)  direct 
B)  circumstantial 
C)  real 
D)  expert

Question 19

A presumption is the same as an inference.

Accepted Answer

A) True 
 B)False

Question 20

A judge's decision to admit or exclude evidence under Rule 403 can be easily overturned on appeal.

Accepted Answer

A) True 
 B)False

Real evidence differs from testimonial evidence in that real evidence:

The logical connection between an item of evidence and the fact of consequence to be proved is the:

Bad logic prejudice happens when a jury disregards the evidence and convicts the defendant based on a factor that is only marginally relevant or is irrelevant to the case.

A criminal conviction may be based on what type of evidence?

What are the two categories of presumptions?

Misleading evidence is another name for confusing evidence.

Which of the following witnesses do not testify about facts of the case?

Which of the following is(are) true about circumstantial evidence?

Some evidence is specifically excluded from trial by law (statute).

When evidence is relevant for one issue in a trial but is prejudicial and excluded from evidence for other purposes:

Seven eyewitnesses testifying to the same event is an example of ____________ evidence, and the judge might limit the number of testifying witnesses to three or four to limit repetitive testimony.

Explain what is meant by the requirement that evidence must be material and have probative value in order to be relevant.

Explain the process for judicial notice of an adjudicative fact and the impact judicial notice has on the prosecutor's burden of proof and on the jury's deliberations.

Federal Evidence Rule 403 gives the judge limited discretion to admit or exclude evidence.

A jury must accept a judicially noted fact as true.

Significant historical figures and events are considered facts within common knowledge and can be judicially noticed.

Circumstantial evidence is said to establish fact in a roundabout fashion

Trial evidence is divided into two types: testimonial and __________.

A presumption is the same as an inference.

A judge's decision to admit or exclude evidence under Rule 403 can be easily overturned on appeal.

Introduction

The Criminal Justice Process

Direct and Circumstancial Evidence

Witnesses

Witnesses: The Opinion Rule and Expert Testimony

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay

Privileges

The Exclusionary Rule

Searches and Seizure and Privacy

Stop and Frisk

Probable Cause and Arrests

Searches and Seizures of Property

Interrogations and Confessions

Eyewitness Identification

Filters

Exam 3: Types of Evidence

Real evidence differs from testimonial evidence in that real evidence:

The logical connection between an item of evidence and the fact of consequence to be proved is the:

Bad logic prejudice happens when a jury disregards the evidence and convicts the defendant based on a factor that is only marginally relevant or is irrelevant to the case.

A criminal conviction may be based on what type of evidence?

What are the two categories of presumptions?

Misleading evidence is another name for confusing evidence.

Which of the following witnesses do not testify about facts of the case?

Which of the following is(are) true about circumstantial evidence?

Some evidence is specifically excluded from trial by law (statute).

When evidence is relevant for one issue in a trial but is prejudicial and excluded from evidence for other purposes:

Seven eyewitnesses testifying to the same event is an example of ____________ evidence, and the judge might limit the number of testifying witnesses to three or four to limit repetitive testimony.

Explain what is meant by the requirement that evidence must be material and have probative value in order to be relevant.

Explain the process for judicial notice of an adjudicative fact and the impact judicial notice has on the prosecutor's burden of proof and on the jury's deliberations.

Federal Evidence Rule 403 gives the judge limited discretion to admit or exclude evidence.

A jury must accept a judicially noted fact as true.

Significant historical figures and events are considered facts within common knowledge and can be judicially noticed.

Circumstantial evidence is said to establish fact in a roundabout fashion

Trial evidence is divided into two types: testimonial and __________.

A presumption is the same as an inference.

A judge's decision to admit or exclude evidence under Rule 403 can be easily overturned on appeal.

Introduction

The Criminal Justice Process

Direct and Circumstancial Evidence

Witnesses

Witnesses: The Opinion Rule and Expert Testimony

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay

Privileges

The Exclusionary Rule

Searches and Seizure and Privacy

Stop and Frisk

Probable Cause and Arrests

Searches and Seizures of Property

Interrogations and Confessions

Eyewitness Identification

Filters