Question 1

A true presumption requires the jury to find the presumed fact from the existence of the basic fact and may be called a mandatory presumption.

Accepted Answer

A) True 
 B)False

Question 2

Contradictory evidence and corroborative evidence are antonyms.

Accepted Answer

A) True 
 B)False

Question 3

A judge may take judicial notice of all of the following except:

Accepted Answer

A) the location of a street in a city. 
B) a federal statute. 
C) the patterns or whorls of fingerprints found at a crime scene matching the defendant's. 
D) the day of the week on which a holiday fell upon. 
A) the location of a street in a city. 
B) a federal statute. 
C) the patterns or whorls of fingerprints found at a crime scene matching the defendant's. 
D) the day of the week on which a holiday fell upon.

Question 4

Prima facie evidence that a homicide has been committed includes:

Accepted Answer

A) one individual observing another shoot a third person. 
B) an unverified tip by an anonymous informant. 
C) discovery of unburied human remains. 
D) a person missing for more than three years. 
A) one individual observing another shoot a third person. 
B) an unverified tip by an anonymous informant. 
C) discovery of unburied human remains. 
D) a person missing for more than three years.

Question 5

A judge may take judicial notice of a fact because:

Accepted Answer

A) a jury is not competent to decide the issue. 
B) the judge feels the fact is irrelevant to the case. 
C) the judge wants to save time and money. 
D) none of the above. 
A) a jury is not competent to decide the issue. 
B) the judge feels the fact is irrelevant to the case. 
C) the judge wants to save time and money. 
D) none of the above.

Question 6

Judicial notice is never a substitute for evidence.

Accepted Answer

A) True 
 B)False

Question 7

A stipulation is an agreement between the judge and the attorneys as to the existence of a particular fact or group of facts.

Accepted Answer

A) True 
 B)False

Question 8

While Sunday is usually judicially recognized as a day of rest,national holidays such as the Fourth of July are typically not judicially recognized.

Accepted Answer

A) True 
 B)False

Question 9

A preponderance of the evidence is said to be

Accepted Answer

A) clear and convincing. 
B) fifty percent plus a feather. 
C) fifty percent. 
D) a good chance. 
A) clear and convincing. 
B) fifty percent plus a feather. 
C) fifty percent. 
D) a good chance.

Question 10

The primary reason for a stipulation is to:

Accepted Answer

A) eliminate unnecessary procedural roadblocks. 
B) save time and expense. 
C) make a point judicially noticed. 
D) delay trial. 
A) eliminate unnecessary procedural roadblocks. 
B) save time and expense. 
C) make a point judicially noticed. 
D) delay trial.

Question 11

A court may take judicial notice after the party seeking judicial notice has rested their case.However,a court may not take judicial notice of a fact on appeal.

Accepted Answer

A) True 
 B)False

Question 12

There exists a general presumption of sanity,however,explain how the burden shifts once a defendant raises the issue as an affirmative defense.

Accepted Answer

In all federal prosecutions,if the defen

Question 13

Explain why evidence that is not relevant is not admissible,but not all relevant evidence is admissible.

Accepted Answer

Evidence that is 1)not relevant is usele

Question 14

Relevant evidence should be admitted

Accepted Answer

A) when the evidence is prejudicial. 
B) when the evidence is improperly obtained by the police officer. 
C) when the evidence is hearsay. 
D) when the evidence passes FRE 403 balancing test. 
A) when the evidence is prejudicial. 
B) when the evidence is improperly obtained by the police officer. 
C) when the evidence is hearsay. 
D) when the evidence passes FRE 403 balancing test.

Question 15

Presumptions are recognized because they follow in the normal course of human experience.

Accepted Answer

A) True 
 B)False

Question 16

Evidence is relevant if it makes the existence of a fact of consequence more probable or less probable than it would be without the evidence.

Accepted Answer

A) True 
 B)False

Question 17

A prima facie criminal case is made when the prosecution has established that a crime has been committed and:

Accepted Answer

A) that the accused was probably present. 
B) that the accused probably committed it. 
C) that the accused has no clear and convincing alibi. 
D) that the accused had a motive. 
A) that the accused was probably present. 
B) that the accused probably committed it. 
C) that the accused has no clear and convincing alibi. 
D) that the accused had a motive.

Question 18

According to FRE 401,relevant evidence is:

Accepted Answer

A) "evidence that has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action." 
B) "evidence that must 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." 
C) "evidence that must make the existence of any fact that is of consequence." 
D) "evidence that is competent." 
A) "evidence that has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action." 
B) "evidence that must 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." 
C) "evidence that must make the existence of any fact that is of consequence." 
D) "evidence that is competent."

Question 19

A court may judicially notice:

Accepted Answer

A) recordings and photographs. 
B) evidence lawfully obtained by a police officer. 
C) eyewitness testimony. 
D) the existence and content of public laws. 
A) recordings and photographs. 
B) evidence lawfully obtained by a police officer. 
C) eyewitness testimony. 
D) the existence and content of public laws.

Question 20

Describe a situation would allow the accused in a sexual assault case to 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

In the Kobe Bryant trial for sexual assa

A true presumption requires the jury to find the presumed fact from the existence of the basic fact and may be called a mandatory presumption.

Contradictory evidence and corroborative evidence are antonyms.

A judge may take judicial notice of all of the following except:

Prima facie evidence that a homicide has been committed includes:

A judge may take judicial notice of a fact because:

Judicial notice is never a substitute for evidence.

A stipulation is an agreement between the judge and the attorneys as to the existence of a particular fact or group of facts.

While Sunday is usually judicially recognized as a day of rest,national holidays such as the Fourth of July are typically not judicially recognized.

A preponderance of the evidence is said to be

The primary reason for a stipulation is to:

A court may take judicial notice after the party seeking judicial notice has rested their case.However,a court may not take judicial notice of a fact on appeal.

There exists a general presumption of sanity,however,explain how the burden shifts once a defendant raises the issue as an affirmative defense.

Explain why evidence that is not relevant is not admissible,but not all relevant evidence is admissible.

Relevant evidence should be admitted

Presumptions are recognized because they follow in the normal course of human experience.

Evidence is relevant if it makes the existence of a fact of consequence more probable or less probable than it would be without the evidence.

A prima facie criminal case is made when the prosecution has established that a crime has been committed and:

According to FRE 401,relevant evidence is:

A court may judicially notice:

Describe a situation would allow the accused in a sexual assault case to 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.

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

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Exam 3: Evidence-Basic Concepts

A true presumption requires the jury to find the presumed fact from the existence of the basic fact and may be called a mandatory presumption.

Contradictory evidence and corroborative evidence are antonyms.

A judge may take judicial notice of all of the following except:

Prima facie evidence that a homicide has been committed includes:

A judge may take judicial notice of a fact because:

Judicial notice is never a substitute for evidence.

A stipulation is an agreement between the judge and the attorneys as to the existence of a particular fact or group of facts.

While Sunday is usually judicially recognized as a day of rest,national holidays such as the Fourth of July are typically not judicially recognized.

A preponderance of the evidence is said to be

The primary reason for a stipulation is to:

A court may take judicial notice after the party seeking judicial notice has rested their case.However,a court may not take judicial notice of a fact on appeal.

There exists a general presumption of sanity,however,explain how the burden shifts once a defendant raises the issue as an affirmative defense.

Explain why evidence that is not relevant is not admissible,but not all relevant evidence is admissible.

Relevant evidence should be admitted

Presumptions are recognized because they follow in the normal course of human experience.

Evidence is relevant if it makes the existence of a fact of consequence more probable or less probable than it would be without the evidence.

A prima facie criminal case is made when the prosecution has established that a crime has been committed and:

According to FRE 401,relevant evidence is:

A court may judicially notice:

Describe a situation would allow the accused in a sexual assault case to 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.

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

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