Question 1

The term "competency" is used to describe whether certain evidence is admissible or not.

Accepted Answer

A) True 
 B)False

Question 2

All of the following could be examples of prejudicial evidence except:

Accepted Answer

A) the defendant's prior convictions. 
B) photographs of the decomposed body. 
C) religious beliefs of the defendant. 
D) medical examiner's report. 
A) the defendant's prior convictions. 
B) photographs of the decomposed body. 
C) religious beliefs of the defendant. 
D) medical examiner's report.

Question 3

A presumption is a device that is a substitute for evidence in all jurisdictions.

Accepted Answer

A) True 
 B)False

Question 4

Contradictory evidence is

Accepted Answer

A) evidence used to disprove a fact that has been asserted. 
B) evidence that is supportive of other evidence already given. 
C) evidence that is repetitious of an earlier testimony. 
D) additional evidence of a different character,supporting an aspect of the case. 
A) evidence used to disprove a fact that has been asserted. 
B) evidence that is supportive of other evidence already given. 
C) evidence that is repetitious of an earlier testimony. 
D) additional evidence of a different character,supporting an aspect of the case.

Question 5

Why can't the accused in a sexual assault case introduce evidence that a victim has had consensual sexual relations with someone else to show that he or she likely consented to sex with the accused?

Accepted Answer

Public policy balances the interests of

Question 6

The universal rule in the United States is that the results of the polygraph,or lie detector test,are admissible in court.

Accepted Answer

A) True 
 B)False

Question 7

The law of evidence is designed to:

Accepted Answer

A) ensure the timeliness of evidence presented at trial. 
B) question the relevancy of evidence presented at trial. 
C) ensure the accuracy of evidence presented at trial. 
D) protect the defendant at both civil and criminal trials. 
A) ensure the timeliness of evidence presented at trial. 
B) question the relevancy of evidence presented at trial. 
C) ensure the accuracy of evidence presented at trial. 
D) protect the defendant at both civil and criminal trials.

Question 8

Material evidence does not have to be relevant to be admitted.

Accepted Answer

A) True 
 B)False

Question 9

Judicially noticed facts are treated differently in civil and criminal trials,what is the difference?

Accepted Answer

A criminal jury must be given discretion

Question 10

Relevant evidence is always admissible in court.

Accepted Answer

A) True 
 B)False

Question 11

What is meant by the term "burden of proof"?

Accepted Answer

The burden of proof is the responsibilit

Question 12

The degree of evidence that a defendant claiming insanity is required to produce is consistent throughout all jurisdictions; including under the Federal Rules of Evidence (FRE).

Accepted Answer

A) True 
 B)False

Question 13

Prima facie evidence is evidence that requires an eyewitness.

Accepted Answer

A) True 
 B)False

Question 14

Name some of the more common rebuttable presumptions.

Accepted Answer

PRESUMPTION OF INNOCENCE.Perhaps there i

Question 15

If there is no prima facie case made in the government's case-in-chief:

Accepted Answer

A) the judge may declare a mistrial. 
B) the prosecution has satisfied its burden of proof. 
C) the defendant will likely be convicted anyway. 
D) the defendant is entitled to a judgment of acquittal. 
A) the judge may declare a mistrial. 
B) the prosecution has satisfied its burden of proof. 
C) the defendant will likely be convicted anyway. 
D) the defendant is entitled to a judgment of acquittal.

Question 16

When a true presumption operates,the jury is told:

Accepted Answer

A) that they may find a presumed fact to exist even when there is no evidence of the presumed fact,other than the evidence of the basic fact. 
B) that they must find a presumed fact to exist even when there is no evidence of the presumed fact,other than the evidence of the basic fact. 
C) that they may find a presumed fact to exist. 
D) that they must find a presumed fact to exist. 
A) that they may find a presumed fact to exist even when there is no evidence of the presumed fact,other than the evidence of the basic fact. 
B) that they must find a presumed fact to exist even when there is no evidence of the presumed fact,other than the evidence of the basic fact. 
C) that they may find a presumed fact to exist. 
D) that they must find a presumed fact to exist.

Question 17

What are the two types of presumptions used in the law of evidence? Explain.

Accepted Answer

In the law of evidence,a presumption is

Question 18

During a criminal case,a jury must be given discretion to accept or reject a judicially noticed fact because:

Accepted Answer

A) a criminal jury is typically more intelligent than a civil jury,and hence better able to decide what evidence is materially relevant. 
B) a defendant's Sixth Amendment right to a jury trial will be violated. 
C) a criminal trial is not under the same time constraints as a civil trial. 
D) it is the jury's,not the judge's job to take judicial notice of a fact. 
A) a criminal jury is typically more intelligent than a civil jury,and hence better able to decide what evidence is materially relevant. 
B) a defendant's Sixth Amendment right to a jury trial will be violated. 
C) a criminal trial is not under the same time constraints as a civil trial. 
D) it is the jury's,not the judge's job to take judicial notice of a fact.

Question 19

Conclusive presumptions are sometimes referred to as "irrebuttable."

Accepted Answer

A) True 
 B)False

Question 20

A "true presumption" consists of an obvious fact and an inferred fact.

Accepted Answer

A) True 
 B)False

The term "competency" is used to describe whether certain evidence is admissible or not.

All of the following could be examples of prejudicial evidence except:

A presumption is a device that is a substitute for evidence in all jurisdictions.

Contradictory evidence is

Why can't the accused in a sexual assault case introduce evidence that a victim has had consensual sexual relations with someone else to show that he or she likely consented to sex with the accused?

The universal rule in the United States is that the results of the polygraph,or lie detector test,are admissible in court.

The law of evidence is designed to:

Material evidence does not have to be relevant to be admitted.

Judicially noticed facts are treated differently in civil and criminal trials,what is the difference?

Relevant evidence is always admissible in court.

What is meant by the term "burden of proof"?

The degree of evidence that a defendant claiming insanity is required to produce is consistent throughout all jurisdictions; including under the Federal Rules of Evidence (FRE).

Prima facie evidence is evidence that requires an eyewitness.

Name some of the more common rebuttable presumptions.

If there is no prima facie case made in the government's case-in-chief:

When a true presumption operates,the jury is told:

What are the two types of presumptions used in the law of evidence? Explain.

During a criminal case,a jury must be given discretion to accept or reject a judicially noticed fact because:

Conclusive presumptions are sometimes referred to as "irrebuttable."

A "true presumption" consists of an obvious fact and an inferred fact.

Introduction to the Law of Evidence and the Pretrial Process

The Trial Process

Witnesses-Competency and Privileged Communications

Witnesses-Lay and Expert

Credibility and Impeachment

The Hearsay Rule

Opposing Partys Statements Admissionsand Confessions

The Exclusionary Rule-Search and Seizure

Exclusionary Rule-Identification Procedures

Circumstantial Evidence

Documentary Evidence and the Right of Discovery

Physical Evidence

Photographic, recorded, and Computer-Generated Evidence

How to Testify Effectively

Filters

Exam 3: Evidence-Basic Concepts

The term "competency" is used to describe whether certain evidence is admissible or not.

All of the following could be examples of prejudicial evidence except:

A presumption is a device that is a substitute for evidence in all jurisdictions.

Contradictory evidence is

Why can't the accused in a sexual assault case introduce evidence that a victim has had consensual sexual relations with someone else to show that he or she likely consented to sex with the accused?

The universal rule in the United States is that the results of the polygraph,or lie detector test,are admissible in court.

The law of evidence is designed to:

Material evidence does not have to be relevant to be admitted.

Judicially noticed facts are treated differently in civil and criminal trials,what is the difference?

Relevant evidence is always admissible in court.

What is meant by the term "burden of proof"?

The degree of evidence that a defendant claiming insanity is required to produce is consistent throughout all jurisdictions; including under the Federal Rules of Evidence (FRE).

Prima facie evidence is evidence that requires an eyewitness.

Name some of the more common rebuttable presumptions.

If there is no prima facie case made in the government's case-in-chief:

When a true presumption operates,the jury is told:

What are the two types of presumptions used in the law of evidence? Explain.

During a criminal case,a jury must be given discretion to accept or reject a judicially noticed fact because:

Conclusive presumptions are sometimes referred to as "irrebuttable."

A "true presumption" consists of an obvious fact and an inferred fact.

Introduction to the Law of Evidence and the Pretrial Process

The Trial Process

Witnesses-Competency and Privileged Communications

Witnesses-Lay and Expert

Credibility and Impeachment

The Hearsay Rule

Opposing Partys Statements Admissionsand Confessions

The Exclusionary Rule-Search and Seizure

Exclusionary Rule-Identification Procedures

Circumstantial Evidence

Documentary Evidence and the Right of Discovery

Physical Evidence

Photographic, recorded, and Computer-Generated Evidence

How to Testify Effectively

Filters