Question 1

Which of the following statements is true?

Accepted Answer

A)  For a conclusive presumption, the judge instructs the jury that, if they believe the basic fact has been established, they are not required to accept that proof of the basic fact establishes the presumed fact. 
B)  For a rebuttable presumption, the judge instructs the jurors that, if they believe the basic fact, they are required to accept the presumed fact. 
C)  A conclusive presumption requires that proof of a basis fact establishes the presumed fact. 
D)  A conclusive presumption permits but does not require the jury to infer the presumed fact from the basic fact. 
A)  For a conclusive presumption, the judge instructs the jury that, if they believe the basic fact has been established, they are not required to accept that proof of the basic fact establishes the presumed fact. 
B)  For a rebuttable presumption, the judge instructs the jurors that, if they believe the basic fact, they are required to accept the presumed fact. 
C)  A conclusive presumption requires that proof of a basis fact establishes the presumed fact. 
D)  A conclusive presumption permits but does not require the jury to infer the presumed fact from the basic fact.

Question 2

_____________ evidence is evidence, which if believed by the jury, establishes a fact at issue.

Accepted Answer

A)  Probative 
B)  Material 
C)  Direct 
D)  Circumstantial 
A)  Probative 
B)  Material 
C)  Direct 
D)  Circumstantial

Question 3

Which of the following is(are) true about a fact of consequence?

Accepted Answer

A)  Facts of consequence are the elements required to prove the criminal charge and the elements of any affirmative defenses relied on by the defendant. 
B)  Facts of consequence differ according to the criminal charge(s) filed by the prosecutor. 
C)  Facts of consequence differ according to the affirmative defense(s) the defendant raises. 
D)  All of the above are true. 
A)  Facts of consequence are the elements required to prove the criminal charge and the elements of any affirmative defenses relied on by the defendant. 
B)  Facts of consequence differ according to the criminal charge(s) filed by the prosecutor. 
C)  Facts of consequence differ according to the affirmative defense(s) the defendant raises. 
D)  All of the above are true.

Question 4

A(n) _________________ witness possesses specialized knowledge and expertise that is not commonly possessed by the average person.

Accepted Answer

A)  lay 
B)  expert 
C)  professional 
D)  fact 
A)  lay 
B)  expert 
C)  professional 
D)  fact

Question 5

A judge can ignore a request to take judicial notice even if he request meets the criteria stated in Rule 201.

Accepted Answer

A) True 
 B)False

Question 6

John witnessed the murder of Ben and was able to identify the gun that the defendant used to shoot Ben. What types of evidence can John contribute to the prosecution's case?

Accepted Answer

Student responses should identify eyewit

Question 7

Discuss the interests advanced that motivate judges to encourage parties to enter into stipulations.

Accepted Answer

Student responses sh

Question 8

Why should judicial notice be used with caution?

Accepted Answer

A)  The fact noticed may later be proven to be incorrect. 
B)  Judicial notice of a fact alleviates some of the prosecution's burden to prove the defendant's guilt beyond a reasonable doubt. 
C)  Judicial notice may be mistaken by the jury for an admission of guilt. 
D)  Judicial notice may mislead the jury into thinking that there are no adjudicative facts. 
A)  The fact noticed may later be proven to be incorrect. 
B)  Judicial notice of a fact alleviates some of the prosecution's burden to prove the defendant's guilt beyond a reasonable doubt. 
C)  Judicial notice may be mistaken by the jury for an admission of guilt. 
D)  Judicial notice may mislead the jury into thinking that there are no adjudicative facts.

Question 9

Which of the following is true?

Accepted Answer

A)  Relevant evidence is that which is material and has probative value. 
B)  Relevant evidence is that which is material or has probative value. 
C)  All material evidence is relevant. 
D)  Evidence that has no probative value can be relevant. 
A)  Relevant evidence is that which is material and has probative value. 
B)  Relevant evidence is that which is material or has probative value. 
C)  All material evidence is relevant. 
D)  Evidence that has no probative value can be relevant.

Question 10

Whether a material fact is more probable with the evidence than without the evidence is the test for:

Accepted Answer

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

Question 11

Re-creating the crime scene during a criminal trial is an example of documentary evidence.

Accepted Answer

A) True 
 B)False

Question 12

Evidence that the defendant's DNA was found at the crime scene is an example of real evidence.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following would be considered a fact witness?

Accepted Answer

A)  A person who saw the crime as it was happening 
B)  A person who overheard the defendant making statements about his or her involvement in the crime 
C)  A person who witnessed the defendant leaving the crime scene 
D)  All of the above 
A)  A person who saw the crime as it was happening 
B)  A person who overheard the defendant making statements about his or her involvement in the crime 
C)  A person who witnessed the defendant leaving the crime scene 
D)  All of the above

Question 14

What types of demonstrative evidence might a lawyer use to help the trier of fact understand the facts involved in the case?

Accepted Answer

Student responses should inclu

Question 15

_________________ evidence is evidence from which a fact at issue may be inferred.

Accepted Answer

A)  Probative 
B)  Material 
C)  Direct 
D)  Circumstantial 
A)  Probative 
B)  Material 
C)  Direct 
D)  Circumstantial

Question 16

__________ is a voluntary agreement between opposing parties in a trial to accept a fact as true for the purposes of trial.

Accepted Answer

A)  A stipulation 
B)  Judicial notice 
C)  A presumption 
D)  Finding of guilt 
A)  A stipulation 
B)  Judicial notice 
C)  A presumption 
D)  Finding of guilt

Question 17

A single piece of evidence is required to establish a material fact on its own.

Accepted Answer

A) True 
 B)False

Question 18

Testimonial evidence applies only to evidence that is presented orally and under oath or affirmation.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following accurately reflect why presumptions are part of the criminal trial process?

Accepted Answer

A)  Use of presumptions delays trials as it makes it harder to establish a fact or element of the crime. 
B)  Use of presumptions is contrary to desirable social policy. 
C)  Use of presumptions aids a party who lacks access to information by placing the burden of producing evidence on the more informed party. 
D)  Use of presumptions hinders the jury's decision-making ability. 
A)  Use of presumptions delays trials as it makes it harder to establish a fact or element of the crime. 
B)  Use of presumptions is contrary to desirable social policy. 
C)  Use of presumptions aids a party who lacks access to information by placing the burden of producing evidence on the more informed party. 
D)  Use of presumptions hinders the jury's decision-making ability.

Question 20

At Mary's criminal trial, Jim testifies that he heard Mary threaten to kill Bob, the victim. What type of evidence is Jim offering at trial?

Accepted Answer

A)  Testimonial evidence 
B)  Real evidence 
C)  Circumstantial evidence 
D)  Both a and c 
A)  Testimonial evidence 
B)  Real evidence 
C)  Circumstantial evidence 
D)  Both a and c

Which of the following statements is true?

_____________ evidence is evidence, which if believed by the jury, establishes a fact at issue.

Which of the following is(are) true about a fact of consequence?

A(n) _________________ witness possesses specialized knowledge and expertise that is not commonly possessed by the average person.

A judge can ignore a request to take judicial notice even if he request meets the criteria stated in Rule 201.

John witnessed the murder of Ben and was able to identify the gun that the defendant used to shoot Ben. What types of evidence can John contribute to the prosecution's case?

Discuss the interests advanced that motivate judges to encourage parties to enter into stipulations.

Why should judicial notice be used with caution?

Which of the following is true?

Whether a material fact is more probable with the evidence than without the evidence is the test for:

Re-creating the crime scene during a criminal trial is an example of documentary evidence.

Evidence that the defendant's DNA was found at the crime scene is an example of real evidence.

Which of the following would be considered a fact witness?

What types of demonstrative evidence might a lawyer use to help the trier of fact understand the facts involved in the case?

_________________ evidence is evidence from which a fact at issue may be inferred.

__________ is a voluntary agreement between opposing parties in a trial to accept a fact as true for the purposes of trial.

A single piece of evidence is required to establish a material fact on its own.

Testimonial evidence applies only to evidence that is presented orally and under oath or affirmation.

Which of the following accurately reflect why presumptions are part of the criminal trial process?

At Mary's criminal trial, Jim testifies that he heard Mary threaten to kill Bob, the victim. What type of evidence is Jim offering at trial?

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

Which of the following statements is true?

_____________ evidence is evidence, which if believed by the jury, establishes a fact at issue.

Which of the following is(are) true about a fact of consequence?

A(n) _________________ witness possesses specialized knowledge and expertise that is not commonly possessed by the average person.

A judge can ignore a request to take judicial notice even if he request meets the criteria stated in Rule 201.

John witnessed the murder of Ben and was able to identify the gun that the defendant used to shoot Ben. What types of evidence can John contribute to the prosecution's case?

Discuss the interests advanced that motivate judges to encourage parties to enter into stipulations.

Why should judicial notice be used with caution?

Which of the following is true?

Whether a material fact is more probable with the evidence than without the evidence is the test for:

Re-creating the crime scene during a criminal trial is an example of documentary evidence.

Evidence that the defendant's DNA was found at the crime scene is an example of real evidence.

Which of the following would be considered a fact witness?

What types of demonstrative evidence might a lawyer use to help the trier of fact understand the facts involved in the case?

_________________ evidence is evidence from which a fact at issue may be inferred.

__________ is a voluntary agreement between opposing parties in a trial to accept a fact as true for the purposes of trial.

A single piece of evidence is required to establish a material fact on its own.

Testimonial evidence applies only to evidence that is presented orally and under oath or affirmation.

Which of the following accurately reflect why presumptions are part of the criminal trial process?

At Mary's criminal trial, Jim testifies that he heard Mary threaten to kill Bob, the victim. What type of evidence is Jim offering at trial?

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