Deck 7: Opinions and Expert Testimony

Question 1

Witnesses provide evidence in the form of testimony.

Answer 1

True

Question 2

Laws governing witnesses can be traced back hundreds of years to early England.

Answer 2

True

Question 3

The basic requirement for a witness to be able to testify is trustworthiness

Answer 3

False

Question 4

The modern rule today is that all witnesses are generally competent except as provided by another rule of evidence or statute.

Question 5

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.

Question 6

In order to testify, a witness does not have to be capable of understanding the duty to tell the truth and take an oath or affirmation to this effect.

Question 7

Historically, the witness oath required a religious basis and a witness generally had to swear before God with a hand on the Bible.

Question 8

A witness does not have to be capable of communicating or expressing herself so as to be reasonably understood by the judge or jury.

Question 9

Even when competent, a witness may not be allowed to testify when the probative value of her testimony is substantially outweighed by the risk of unfair prejudice, consumption of time or confusion to the jury.

Question 10

Although common law permitted it, the general rule today is that a presiding judge cannot testify at the trial for which she is presiding.

Question 11

Which of the following regarding an interpreter is not correct?

A) An interpreter may be used to assist a witness to communicate her testimony.
B) If an interpreter is used, the interpreter is not subject to the rules of evidence relating to qualification as an expert.
C) If an interpreter is used, the interpreter is subject to the rules of evidence relating to the administration of an oath or affirmation to make a true translation.
D) The interpreter must demonstrate an ability to interpret accurately, effectively, and impartially.

Question 12

Witness competency is assessed through the determination of all of the following key elements, except:

A) personal knowledge
B) understanding the duty to tell the truth
C) capacity for communication
D) physical limitations

Question 13

In criminal trials, the right to present witnesses on our own behalf and the right to confront witnesses against us is at the heart of this principle:

A) due process
B) duty to tell the truth
C) legal capacity
D) confrontation clause

Question 14

Among those who could not testify as witnesses in early common law were all of the following except:

A) felons
B) puritans
C) atheists
D) children
E) spouses

Question 15

Which of the following could not testify because it was thought that they lacked the legal capacity to understand the duty to tell the truth?

A) felons
B) puritans
C) atheists
D) children
E) spouses

Question 16

Which of the following is generally not true of witnesses and their testimony?

A) Witnesses provide evidence in the form of testimony to help the triers of fact better ascertain the truth.
B) Witness testimony may be from personal knowledge or from what the witness has heard from a reliable source.
C) Witnesses are also called to lay a foundation for other evidence being offered, to identify and authenticate this evidence.
D) Some types of witnesses are allowed to offer their opinions as to how certain evidence was obtained or what it means

Question 17

In this 1895 major decision, the U.S. Supreme Court addressed the issue of what age determined witness competency.

A) Wheeler v. United States
B) Kennedy v. Great Atlantic and Pacific Tea Co.
C) United States v. Ward
D) United States v. Allen J.

Question 18

A witness must be able to testify from a firsthand perception of having seen, heard, felt, tasted, or smelled something. This is called:

A) Duty to tell the truth
B) Personal knowledge
C) Legal capacity
D) Capable of communicating
E) Witness qualification

Question 19

In a criminal proceeding, the defendant's Sixth Amendment right to cross-examine the witnesses against him is part of the:

A) Confrontation Clause
B) Exclusionary Rule
C) Witness Rule
D) Hearsay Rule

Question 20

This 1996 federal case out of New Mexico shows the modern federal trend in allowing children to testify.

A) Wheeler v. United States
B) Kennedy v. Great Atlantic and Pacific Tea Co.
C) United States v. Ward
D) United States v. Allen J.