Question 1

A judge's personal experience or expertise can serve as his or her sole basis for taking judicial notice.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following statements is true?

Accepted Answer

A)  Real evidence can be documentary or demonstrative. 
B)  Real evidence can be real-testimonial evidence. 
C)  Real evidence is oral and given under oath or affirmation 
D)  Both a and b are true. 
A)  Real evidence can be documentary or demonstrative. 
B)  Real evidence can be real-testimonial evidence. 
C)  Real evidence is oral and given under oath or affirmation 
D)  Both a and b are true.

Question 3

Explain the importance of admitting only evidence that is relevant into a criminal trial.

Accepted Answer

Student responses should include some or

Question 4

The _______________ decides whether circumstantial evidence, if believed, is evidence of the defendant's guilt.

Accepted Answer

A)  judge 
B)  jury 
C)  law 
D)  police 
A)  judge 
B)  jury 
C)  law 
D)  police

Question 5

Which of the following methods might a judge require before allowing prejudicial photographs of a murder victim into evidence because the photographs have probative value to establishing the bullet's point of entry?

Accepted Answer

A)  Limiting the number of photographs 
B)  Requiring the photographs to be black and white, not in color 
C)  Limiting the size of the photographs 
D)  All of the above. 
A)  Limiting the number of photographs 
B)  Requiring the photographs to be black and white, not in color 
C)  Limiting the size of the photographs 
D)  All of the above.

Question 6

Photographs of the body of a murder victim are considered prejudicial and, as such, are inadmissible in the defendant's trial.

Accepted Answer

A) True 
 B)False

Question 7

The determination of whether evidence is prejudicial or falls within another ground for exclusion under Rule 403 involves the following step(s):

Accepted Answer

A)  Determining the probative value of the evidence 
B)  Finding that one of the dangers or considerations stated in Rule 403 exist 
C)  Balancing the probative value of the evidence against its relevance 
D)  Only a & b are correct. 
A)  Determining the probative value of the evidence 
B)  Finding that one of the dangers or considerations stated in Rule 403 exist 
C)  Balancing the probative value of the evidence against its relevance 
D)  Only a & b are correct.

Question 8

Under what circumstances does a judge have discretion to exclude relevant evidence under Rule 403?

Accepted Answer

Student responses should inclu

Question 9

All material evidence is relevant.

Accepted Answer

A) True 
 B)False

Question 10

Evidence that the defendant was with the victim on the night of the murder is an example of relevant evidence.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is incorrect regarding a judge's power under Rule 403?

Accepted Answer

A)  The judge has broad discretion to admit or exclude evidence under Rule 403. 
B)  A judge's decision to admit or exclude evidence under Rule 403 can only be overturned based on an "abuse of judicial discretion." 
C)  Evidentiary rulings based on Rule 403 are rarely appealed. 
D)  None of the above statements are incorrect. 
A)  The judge has broad discretion to admit or exclude evidence under Rule 403. 
B)  A judge's decision to admit or exclude evidence under Rule 403 can only be overturned based on an "abuse of judicial discretion." 
C)  Evidentiary rulings based on Rule 403 are rarely appealed. 
D)  None of the above statements are incorrect.

Question 12

______________ allows a judge to recognize a fact as true without the need to hear from a witness or view an exhibit.

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 13

____________________ occurs when a jury disregards evidence and convicts the defendant based on a factor that is either marginally relevant or is irrelevant to the case.

Accepted Answer

A)  Punishing prejudice 
B)  Bad logic prejudice 
C)  Substantial interference 
D)  Immateriality 
A)  Punishing prejudice 
B)  Bad logic prejudice 
C)  Substantial interference 
D)  Immateriality

Question 14

______________ evidence is oral communication by a competent witness given under oath or affirmation in a judicial proceeding.

Accepted Answer

A)  Direct 
B)  Circumstantial 
C)  Testimonial 
D)  Expert 
A)  Direct 
B)  Circumstantial 
C)  Testimonial 
D)  Expert

Question 15

Which of the following statements is not true about Federal Rule of Evidence 401?

Accepted Answer

A)  Rule 401 defines relevance as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." 
B)  Rule 401 includes two different tests for relevance, only one of which must be met for evidence to be deemed relevant. 
C)  Rule 401 includes two different tests for evidence, both of which must be met for evidence to be deemed relevant. 
D)  Evidence must be material and have probative value to be deemed relevant under Rule 401. 
A)  Rule 401 defines relevance as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." 
B)  Rule 401 includes two different tests for relevance, only one of which must be met for evidence to be deemed relevant. 
C)  Rule 401 includes two different tests for evidence, both of which must be met for evidence to be deemed relevant. 
D)  Evidence must be material and have probative value to be deemed relevant under Rule 401.

Question 16

Explain the difference between a conclusive presumption and a rebuttable presumption.

Accepted Answer

Student responses should inclu

Question 17

Witness testimony that the witness saw the defendant running from the crime scene is an example of:

Accepted Answer

A)  Repetitive evidence 
B)  Direct evidence 
C)  Circumstantial evidence 
D)  Needless evidence 
A)  Repetitive evidence 
B)  Direct evidence 
C)  Circumstantial evidence 
D)  Needless evidence

Question 18

An example of facts within common knowledge is:

Accepted Answer

A)  Beer is an intoxicant. 
B)  The defendant is a drug addict. 
C)  A county medical examiner is qualified to testify as an expert. 
D)  Eye-witness testimony is undisputable and reliable evidence. 
A)  Beer is an intoxicant. 
B)  The defendant is a drug addict. 
C)  A county medical examiner is qualified to testify as an expert. 
D)  Eye-witness testimony is undisputable and reliable evidence.

Question 19

Which of the following is a reason why the parties to a criminal case might enter into a stipulation?

Accepted Answer

A)  By agreeing on certain facts, the parties avoid wasting time. 
B)  One side knows that the other party can easily establish a fact. 
C)  A defense attorney may want to avoid facts that may prejudice the jury against the defendant. 
D)  All of the above are reasons why the parties to a criminal case might enter into a stipulation. 
A)  By agreeing on certain facts, the parties avoid wasting time. 
B)  One side knows that the other party can easily establish a fact. 
C)  A defense attorney may want to avoid facts that may prejudice the jury against the defendant. 
D)  All of the above are reasons why the parties to a criminal case might enter into a stipulation.

Question 20

Which of the following statements is incorrect?

Accepted Answer

A)  Not all states have statutes that permit judicial notice of facts. 
B)  Federal Rule of Evidence 201 governs judicial notice of an adjudicative fact. 
C)  Under the Federal Rules of Evidence, judicial notice can be discretionary or mandatory. 
D)  Judicial notice may be taken at any stage during a criminal proceeding. 
A)  Not all states have statutes that permit judicial notice of facts. 
B)  Federal Rule of Evidence 201 governs judicial notice of an adjudicative fact. 
C)  Under the Federal Rules of Evidence, judicial notice can be discretionary or mandatory. 
D)  Judicial notice may be taken at any stage during a criminal proceeding.

A judge's personal experience or expertise can serve as his or her sole basis for taking judicial notice.

Which of the following statements is true?

Explain the importance of admitting only evidence that is relevant into a criminal trial.

The _______________ decides whether circumstantial evidence, if believed, is evidence of the defendant's guilt.

Which of the following methods might a judge require before allowing prejudicial photographs of a murder victim into evidence because the photographs have probative value to establishing the bullet's point of entry?

Photographs of the body of a murder victim are considered prejudicial and, as such, are inadmissible in the defendant's trial.

The determination of whether evidence is prejudicial or falls within another ground for exclusion under Rule 403 involves the following step(s):

Under what circumstances does a judge have discretion to exclude relevant evidence under Rule 403?

All material evidence is relevant.

Evidence that the defendant was with the victim on the night of the murder is an example of relevant evidence.

Which of the following is incorrect regarding a judge's power under Rule 403?

______________ allows a judge to recognize a fact as true without the need to hear from a witness or view an exhibit.

____________________ occurs when a jury disregards evidence and convicts the defendant based on a factor that is either marginally relevant or is irrelevant to the case.

______________ evidence is oral communication by a competent witness given under oath or affirmation in a judicial proceeding.

Which of the following statements is not true about Federal Rule of Evidence 401?

Explain the difference between a conclusive presumption and a rebuttable presumption.

Witness testimony that the witness saw the defendant running from the crime scene is an example of:

An example of facts within common knowledge is:

Which of the following is a reason why the parties to a criminal case might enter into a stipulation?

Which of the following statements is incorrect?

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

A judge's personal experience or expertise can serve as his or her sole basis for taking judicial notice.

Which of the following statements is true?

Explain the importance of admitting only evidence that is relevant into a criminal trial.

The _______________ decides whether circumstantial evidence, if believed, is evidence of the defendant's guilt.

Which of the following methods might a judge require before allowing prejudicial photographs of a murder victim into evidence because the photographs have probative value to establishing the bullet's point of entry?

Photographs of the body of a murder victim are considered prejudicial and, as such, are inadmissible in the defendant's trial.

The determination of whether evidence is prejudicial or falls within another ground for exclusion under Rule 403 involves the following step(s):

Under what circumstances does a judge have discretion to exclude relevant evidence under Rule 403?

All material evidence is relevant.

Evidence that the defendant was with the victim on the night of the murder is an example of relevant evidence.

Which of the following is incorrect regarding a judge's power under Rule 403?

______________ allows a judge to recognize a fact as true without the need to hear from a witness or view an exhibit.

____________________ occurs when a jury disregards evidence and convicts the defendant based on a factor that is either marginally relevant or is irrelevant to the case.

______________ evidence is oral communication by a competent witness given under oath or affirmation in a judicial proceeding.

Which of the following statements is not true about Federal Rule of Evidence 401?

Explain the difference between a conclusive presumption and a rebuttable presumption.

Witness testimony that the witness saw the defendant running from the crime scene is an example of:

An example of facts within common knowledge is:

Which of the following is a reason why the parties to a criminal case might enter into a stipulation?

Which of the following statements is incorrect?

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