Exam 3: Obtaining and Presentation of Evidence

An eyewitness is the best and most common example of direct evidence.

Where information about a legal action is gathered by questioning witnesses or parties outside of the courtroom, but under oath and with a court reporter present to record the testimony, it is called:

This is the most common form of evidence and it is also used to as a foundation for or to explain most of the other forms of evidence.

Because evidence has been authenticated does not mean that it will be found credible or reliable by the trier of fact.

A series of written questions, answered under oath, sent to a witness or party by an opposing party, to help facilitate the gathering of information and evidence in preparation for a case is called:

A general rule holds that there should be as few persons as possible that have custody of evidence and those who do must be identifiable or explained in foundation.

All of the following are examples of circumstantial evidence, except:

Sometimes, in order for one witness to testify, another person must first testify to establish the qualification of the witness to testify about a particular matter.

This kind of evidence tends to clear a party of blame or guilt.

Evidence law does not influence the information gathering process.

A stipulation does not prevent the agreeing party from contesting the evidence later.

When a judge recognizes and accepts a certain fact that is commonly known in the community or capable of accurate and ready determination, it is called:

A court may not take judicial notice unless requested to by one of the parties.

Which of the following is not a basic form of evidence?

A motion to dismiss a case because evidence favorable to the accused has been suppressed by the State, either willfully or inadvertently; resulting in prejudice to the defendant.

If it is important to the matter at issue, information may not be excluded if it is unreliable, confusing, or prejudicial.

Judicial notice is not a form of evidence, but serves to save time by accepting well known and commonly accepted facts.

This is the means for verifying the authenticity and legal integrity of evidence by establishing where the evidence has been and who handled it prior to trial

Circumstantial evidence proves a disputed fact indirectly by first proving another fact.

A diagram of an accident scene is an example of evidence.