Deck 6: Witnesses

Question 1

There are no exceptions to the general rule that character evidence is not admissible to prove conduct on a particular occasion.

Answer 1

False

Question 2

In a criminal case, evidence of the defendant's character is admissible when offered by the accused, or by the prosecution to rebut the testimony offered by the accused.

Answer 2

True

Question 3

Evidence offered by an accused about the character of the victim may be allowed if it is relevant to the matter at issue and is not unduly prejudicial.

Answer 3

True

Question 4

Character evidence may not be used by the prosecution to rebut the testimony offered by the defendant.

Question 5

Whether criminal or civil, evidence about the character of a witness may not be admitted for impeachment purposes.

Question 6

Generally, evidence rules hold that the credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation.

Question 7

The general rule is that evidence cannot be offered that defendant had been convicted of burglary or rape in order to show that the defendant had a propensity to commit these types of crime, i.e. if they did it once, they'd do it again.

Question 8

Although evidence of other crimes and prior bad acts is admissible to prove someone's inherent character, it may not be used to show other purposes, such as proof of motive, opportunity, or means.

Question 9

Evidence of past sexual assaults may be used to show the defendant's identity, where the defendant attacked the victims in a similar way.

Question 10

Even when found to be relevant under Rule 404 (b) or a similar rule, evidence of prior bad acts may still be excluded under Rule 403, if its prejudicial effect outweighs its probative value.

Question 11

Courts have agreed that virtually all evidence offered by the prosecution in a criminal case is prejudicial to some degree against the accused, so the courts will exclude under Rule 403 only if it is prejudicial to a defendant.

A) unfairly
B) not
C) minimally
D) in any manner

Question 12

Under Rule 410, which of the following is not admissible against a defendant who made the plea or was a participant in the plea discussions?

A) Evidence of a plea of guilty which was later withdrawn
B) An admission to a criminal charge, later withdrawn
C) A plea of nolo contendere
D) All of the above

Question 13

Although evidence of other crimes and prior bad acts is generally not admissible to prove someone's inherent character, it may be used to show other purposes, such as all of the following, except:

A) proof of motive
B) opportunity
C) means
D) propensity to commit these types of crimes

Question 14

Evidence of other crimes and prior bad acts may be used to show all of the following, except:

A) intent
B) modus operandi
C) identity
D) prior experience in committing similar crimes

Question 15

How a person's character is generally viewed or estimated by others in that person's community is known as:

A) Reputation
B) Opinion
C) Habit
D) Routine Practice

Question 16

A judgment or conclusion made by a witness based on the witness's own personal knowledge or perception is known as:

A) Reputation
B) Opinion
C) Habit
D) Routine Practice

Question 17

A person's customary practice or pattern of behavior when repeatedly engaging in particular actions or situations is known as

A) Reputation
B) Opinion
C) Habit
D) Routine Practice

Question 18

A regular course of conduct of a group of persons or an organization in response to repeated specific situations is known as

A) Reputation
B) Opinion
C) Habit
D) Routine Practice

Question 19

In this classic case, the Supreme Court examined the issues surrounding the admissibility of reputation evidence, finding that "[w]hat commonly is called 'character evidence' is only such when 'character' is employed as a synonym for 'reputation.'" This case decision has been widely quoted and cited in discussions about character and reputation evidence.

A) Michelson v. United States
B) Huddleston v. United States
C) Sparks v. Gilley Trucking Co.
D) United States v. Schuler

Question 20

Under this legal rule, if a company makes repairs or improves a safety feature after an accident, those repairs or improvements will not be admissible against the company to prove that the company caused the accident or was negligent at the time of the accident.

A) Subsequent Remedial Measures
B) Shield Laws
C) Routine Practice
D) Nolo Contendere