Question 1

Explain the difference between direct evidence and circumstantial evidence, and give one example of each.

Accepted Answer

Direct evidence is evidence that directly proves a fact, without the need for any inference or presumption. This type of evidence is based on personal knowledge or observation and does not require any additional reasoning to reach a conclusion. An example of direct evidence would be a witness testifying that they saw the defendant commit a crime.

Circumstantial evidence, on the other hand, is evidence that requires inference or presumption to reach a conclusion. It is based on indirect facts that imply the existence of the fact in question. An example of circumstantial evidence would be finding the defendant's fingerprints at the scene of the crime, which implies their presence at the scene but does not directly prove their guilt.

In summary, direct evidence directly proves a fact without the need for inference, while circumstantial evidence requires inference or presumption to reach a conclusion. Both types of evidence can be used in court to establish guilt or innocence in a legal case.

Question 2

An attorney has the duty to prepare witnesses or the defendant for offering testimony. What steps may an attorney take to properly prepare a witness for testimony without telling the witness what to say or encouraging perjury?

Accepted Answer

An attorney can properly prepare a witness for testimony by:

1. Reviewing the facts of the case with the witness: The attorney can go over the relevant facts and evidence with the witness to ensure they have a clear understanding of the case.

2. Discussing the potential questions: The attorney can discuss the types of questions the witness may be asked during testimony and help the witness understand how to answer them truthfully and accurately.

3. Role-playing: The attorney can engage in role-playing exercises with the witness to simulate the experience of being questioned in court, allowing the witness to practice responding to questions in a truthful and effective manner.

4. Emphasizing the importance of honesty: The attorney should stress the importance of being honest and truthful while testifying, and encourage the witness to only speak to what they know and not to speculate or guess.

5. Advising on demeanor and body language: The attorney can provide guidance on how to present oneself in court, including maintaining composure, speaking clearly, and making eye contact with the judge and jury.

6. Providing support and reassurance: The attorney can offer emotional support and reassurance to the witness, helping them feel more confident and comfortable when testifying.

It is crucial for the attorney to avoid telling the witness what to say or encouraging perjury. Instead, the focus should be on helping the witness understand their role, the importance of honesty, and how to effectively communicate their knowledge and experiences related to the case.

Question 3

Procedures have been developed for the order of presenting evidence at trial. Usually, the:

Accepted Answer

A)  defendant's evidence in chief is presented first. 
B)  prosecution's evidence in rebuttal is presented first. 
C)  defendant's evidence in chief is presented after the state has presented its evidence in chief. 
D)  defendant's evidence in rejoinder immediately follows the defendant's evidence in chief. 
A)  defendant's evidence in chief is presented first. 
B)  prosecution's evidence in rebuttal is presented first. 
C)  defendant's evidence in chief is presented after the state has presented its evidence in chief. 
D)  defendant's evidence in rejoinder immediately follows the defendant's evidence in chief. C

Question 4

In criminal cases in which the defendant has chosen a trial by jury, the function of the judge involves all of the following except:

Accepted Answer

A)  controlling excessive cross-examination by counsel. 
B)  determining the admissibility of evidence claimed to have been obtained illegally. 
C)  after hearing the jury verdict, makes the decision concerning whether to allow the defendant to appeal. 
D)  deciding whether to allow a mentally defective witness to testify. 
A)  controlling excessive cross-examination by counsel. 
B)  determining the admissibility of evidence claimed to have been obtained illegally. 
C)  after hearing the jury verdict, makes the decision concerning whether to allow the defendant to appeal. 
D)  deciding whether to allow a mentally defective witness to testify.

Question 5

Why must a prosecutor give the defense significant evidence prior to trial if the defense asks to see exculpatory prosecution evidence?

Accepted Answer

A prosecutor must give the defense signi

Question 6

In preparing and prosecuting a criminal case, what discretion do prosecutors generally have?

Accepted Answer

Prosecutors generally have discretion in

Question 7

When is a question considered leading? Give an example of a leading question.

Accepted Answer

A question is considered leading when it

Question 8

Precedent and history have established procedures for presenting evidence in court. In the usual criminal case, what is the order of presenting the evidence? What are the limitations of each party in offering rebuttal evidence and rejoinder evidence?

Accepted Answer

In a usual criminal case, the order of p

Question 9

In considering the weight of circumstantial evidence as compared to direct evidence:

Accepted Answer

A)  Direct evidence is necessary to sustain a conviction. 
B)  Some circumstantial evidence may be equally or more reliable than direct evidence. 
C)  Direct evidence always carries more weight than circumstantial evidence. 
D)  As a rule, circumstantial evidence is more persuasive than direct evidence. 
A)  Direct evidence is necessary to sustain a conviction. 
B)  Some circumstantial evidence may be equally or more reliable than direct evidence. 
C)  Direct evidence always carries more weight than circumstantial evidence. 
D)  As a rule, circumstantial evidence is more persuasive than direct evidence.

Question 10

In criminal cases tried with a judge and jury, the judge:

Accepted Answer

A)  has no power to control cross-examination by counsel. 
B)  makes the determination concerning the admissibility of evidence claimed to have been obtained in violation of the Constitution. 
C)  after hearing all of the testimony, makes the decision concerning guilt or innocence. 
D)  usually tells the prosecutor and defense attorney the best way for them to present their cases. 
A)  has no power to control cross-examination by counsel. 
B)  makes the determination concerning the admissibility of evidence claimed to have been obtained in violation of the Constitution. 
C)  after hearing all of the testimony, makes the decision concerning guilt or innocence. 
D)  usually tells the prosecutor and defense attorney the best way for them to present their cases.

Question 11

Prior to trial, the parties are given an opportunity to make pretrial motions pertaining to evidence. An issue that cannot be brought up at the pretrial motion stage is:

Accepted Answer

A)  guilt or innocence of the accused based on the merits of the case before the court. 
B)  a motion to exclude evidence that has been secured in violation of the Fourth Amendment to the Constitution. 
C)  constitutional defects such as multiple prosecutions or failure to grant a speedy trial. 
D)  circumstantial evidence. 
A)  guilt or innocence of the accused based on the merits of the case before the court. 
B)  a motion to exclude evidence that has been secured in violation of the Fourth Amendment to the Constitution. 
C)  constitutional defects such as multiple prosecutions or failure to grant a speedy trial. 
D)  circumstantial evidence.

Question 12

Explain why an attorney's objection to the introduction of evidence must be specific and be made in a timely manner?

Accepted Answer

An attorney's objection to the introduct

Question 13

What limitations should a jury or a juror observe when sitting or deliberating on a case?

Accepted Answer

When sitting or deliberating on a case,

Question 14

Is evidence that is characterized as "circumstantial" admissible at trial in a criminal case? If admissible, is circumstantial evidence less persuasive than direct evidence? Explain.

Accepted Answer

Yes, circumstantial evidence is admissib

Question 15

What is the function of the jury in a criminal case?

Accepted Answer

A: In a criminal case, the function of t

Question 16

In a criminal case tried before a jury, the role of the jury involves making a determination of guilt or innocence. In making this decision, the jury:

Accepted Answer

A)  may consider only facts presented in the form of direct evidence. 
B)  may consider facts presented in the form of direct evidence but also may consider information coming to them from other sources, such as information judicially noticed by the judge. 
C)  must make the decision only from judicially noticed information, legal presumptions, and judicially approved inferences. 
D)  may not consider circumstantial evidence. 
A)  may consider only facts presented in the form of direct evidence. 
B)  may consider facts presented in the form of direct evidence but also may consider information coming to them from other sources, such as information judicially noticed by the judge. 
C)  must make the decision only from judicially noticed information, legal presumptions, and judicially approved inferences. 
D)  may not consider circumstantial evidence.

Question 17

In a criminal case, State v. Jordan, the defendant-appellant contended that the trial judge committed reversible error when the judge overruled Jordan's repeated motions for a judgment of acquittal offered at various stages of the trial. Evidence presented at the trial failed to prove an essential element of the offense of vehicular manslaughter. When a judge determines that an element of an offense has not been proved, he or she has a duty to:

Accepted Answer

A)  let the attorneys for each side introduce whatever evidence they think might be appropriate and that would sway the jury so that the jury can decide the case. 
B)  enter a judgment of acquittal for a defendant where it is clear that insufficient evidence for conviction has been presented by the prosecution. 
C)  allow the jury to make the decision that it believes is justified by the evidence presented by the prosecutor and by the defense. 
D)  never second-guess a decision by a jury because both the defense and the prosecution have a right to a trial by jury. 
A)  let the attorneys for each side introduce whatever evidence they think might be appropriate and that would sway the jury so that the jury can decide the case. 
B)  enter a judgment of acquittal for a defendant where it is clear that insufficient evidence for conviction has been presented by the prosecution. 
C)  allow the jury to make the decision that it believes is justified by the evidence presented by the prosecutor and by the defense. 
D)  never second-guess a decision by a jury because both the defense and the prosecution have a right to a trial by jury.

Question 18

What are the responsibilities of the defense attorney in a criminal case?

Accepted Answer

The responsibilities of a defense attorn

Question 19

What are the responsibilities of the prosecutor in a criminal case?

Accepted Answer

The responsibilities of a prosecutor in

Question 20

In most jurisdictions, the decision as to which criminal charges should be prosecuted and which should be dismissed usually is made:

Accepted Answer

A)  in the first instance by the judge. 
B)  by the defense attorney with the approval of the judge. 
C)  by the prosecutor. 
D)  after a conference between the judge, prosecutor, and defense attorney. 
A)  in the first instance by the judge. 
B)  by the defense attorney with the approval of the judge. 
C)  by the prosecutor. 
D)  after a conference between the judge, prosecutor, and defense attorney.

Explain the difference between direct evidence and circumstantial evidence, and give one example of each.

An attorney has the duty to prepare witnesses or the defendant for offering testimony. What steps may an attorney take to properly prepare a witness for testimony without telling the witness what to say or encouraging perjury?

Procedures have been developed for the order of presenting evidence at trial. Usually, the:

In criminal cases in which the defendant has chosen a trial by jury, the function of the judge involves all of the following except:

Why must a prosecutor give the defense significant evidence prior to trial if the defense asks to see exculpatory prosecution evidence?

In preparing and prosecuting a criminal case, what discretion do prosecutors generally have?

When is a question considered leading? Give an example of a leading question.

Precedent and history have established procedures for presenting evidence in court. In the usual criminal case, what is the order of presenting the evidence? What are the limitations of each party in offering rebuttal evidence and rejoinder evidence?

In considering the weight of circumstantial evidence as compared to direct evidence:

In criminal cases tried with a judge and jury, the judge:

Prior to trial, the parties are given an opportunity to make pretrial motions pertaining to evidence. An issue that cannot be brought up at the pretrial motion stage is:

Explain why an attorney's objection to the introduction of evidence must be specific and be made in a timely manner?

What limitations should a jury or a juror observe when sitting or deliberating on a case?

Is evidence that is characterized as "circumstantial" admissible at trial in a criminal case? If admissible, is circumstantial evidence less persuasive than direct evidence? Explain.

What is the function of the jury in a criminal case?

In a criminal case tried before a jury, the role of the jury involves making a determination of guilt or innocence. In making this decision, the jury:

What are the responsibilities of the defense attorney in a criminal case?

What are the responsibilities of the prosecutor in a criminal case?

In most jurisdictions, the decision as to which criminal charges should be prosecuted and which should be dismissed usually is made:

The Study of Evidence: History, Development, and Approach

Burden of Proof

Substitutes for Admission of Evidence

Relevancy and Materiality

Competency of Evidence and Witnesses

Examination of Witnesses

Privileges

Opinions and Expert Testimony

Hearsay Rule and Exceptions

Documentary Evidence

Real Evidence

Results of Examinations and Tests

Evidence Unconstitutionally Obtained

Filters

Exam 3: Proof Via Evidence

Explain the difference between direct evidence and circumstantial evidence, and give one example of each.

An attorney has the duty to prepare witnesses or the defendant for offering testimony. What steps may an attorney take to properly prepare a witness for testimony without telling the witness what to say or encouraging perjury?

Procedures have been developed for the order of presenting evidence at trial. Usually, the:

In criminal cases in which the defendant has chosen a trial by jury, the function of the judge involves all of the following except:

Why must a prosecutor give the defense significant evidence prior to trial if the defense asks to see exculpatory prosecution evidence?

In preparing and prosecuting a criminal case, what discretion do prosecutors generally have?

When is a question considered leading? Give an example of a leading question.

Precedent and history have established procedures for presenting evidence in court. In the usual criminal case, what is the order of presenting the evidence? What are the limitations of each party in offering rebuttal evidence and rejoinder evidence?

In considering the weight of circumstantial evidence as compared to direct evidence:

In criminal cases tried with a judge and jury, the judge:

Prior to trial, the parties are given an opportunity to make pretrial motions pertaining to evidence. An issue that cannot be brought up at the pretrial motion stage is:

Explain why an attorney's objection to the introduction of evidence must be specific and be made in a timely manner?

What limitations should a jury or a juror observe when sitting or deliberating on a case?

Is evidence that is characterized as "circumstantial" admissible at trial in a criminal case? If admissible, is circumstantial evidence less persuasive than direct evidence? Explain.

What is the function of the jury in a criminal case?

In a criminal case tried before a jury, the role of the jury involves making a determination of guilt or innocence. In making this decision, the jury:

What are the responsibilities of the defense attorney in a criminal case?

What are the responsibilities of the prosecutor in a criminal case?

In most jurisdictions, the decision as to which criminal charges should be prosecuted and which should be dismissed usually is made:

The Study of Evidence: History, Development, and Approach

Burden of Proof

Substitutes for Admission of Evidence

Relevancy and Materiality

Competency of Evidence and Witnesses

Examination of Witnesses

Privileges

Opinions and Expert Testimony

Hearsay Rule and Exceptions

Documentary Evidence

Real Evidence

Results of Examinations and Tests

Evidence Unconstitutionally Obtained

Filters