Deck 9: Courtroom Evidence

Question 1

For evidentiary purposes, a person who makes a statement is considered as:

A) declarant.
B) an expert witness.
C) a lay witness.
D) a proponent.

Answer 1

declarant.

Question 2

Federal Rule of Evidence 102 establishes a principle of flexibility in the application of the rules of evidence. A similar rule:

A) does not exist in any state courts.
B) does not exist in most state courts.
C) exists in a few state courts.
D) exists in most state courts.

Answer 2

exists in most state courts.

Question 3

Which of the below statements is NOT an exception to the general rules on the inadmissibility of hearsay?

A) Affidavits to show grounds for issuing warrants
B) Statement made for the purpose of medical diagnosis
C) A memorandum used to refresh recollection
D) A statement that was prepared by counsel for trial preparation purposes

Answer 3

A statement that was prepared by counsel for trial preparation purposes

Question 4

A ruling on evidence cannot be assigned as error unless:

A) a substantial right is affected.
B) the nature of the error was called to the attention of the trial judge.
C) Both A and B
D) None of the above statements.

Question 5

Which of the below statements of fact may a trial court take judicial notice?

A) The defendant has a prior felony conviction.
B) July 4th is a court holiday.
C) The victim died on a Wednesday night.
D) The defendant has made a voluntary confession.

Question 6

Relevant evidence may be excluded on the grounds of:

A) prejudice.
B) confusion.
C) To admit the evidence would be a waste of time.
D) All of the above are reasons to exclude relevant evidence.

Question 7

Character evidence may be admissible to establish:

A) that defendant acted in conformity to his reputation.
B) motive.
C) that the defendant is a bad person.
D) None of the above statements.

Question 8

Under a rape shield statute, when the victim is testifying, generally which of the below questions is NOT admissible?

A) "Did you consent to the sex act in question?"
B) "Have you had sex with other men?"
C) "Have you ever made a false accusation of rape?"
D) "Do you know the defendant in this case?"

Question 9

Invoking the rule means that:

A) witnesses have a right to hear the testimony of other witness.
B) witnesses are excluded from the courtroom when other witnesses are testifying.
C) the defendant will be excluded from the courtroom when the victim is testifying.
D) the defendant must be present for any testimony.

Question 10

Within the scope of the rule, expert witnesses, are not only experts in the strictest sense of the word, such as physicians, physicists, and architects, but also the large group sometimes called ________ witnesses, such as bankers or landowners testifying to land values.

A) lay
B) overt
C) reliable
D) skilled

Question 11

The ________ test set forth a nonexclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony.

A) Daubert
B) Stout
C) Double
D) Stanford

Question 12

A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

A) Hearsay
B) Relevance
C) Adaptive
D) Inclusive

Question 13

Basic questions like name and address asked of a witness when the witness is first called to testify are called:

A) preliminary questions.
B) follow up question.
C) introductory questions.
D) fact-based questions.

Question 14

The attempt to limit or discredit evidence that has been admitted.

A) Impeachment
B) Hearsay
C) Relevance
D) Motion

Question 15

Hearsay is inadmissible unless:

A) an exception is applicable.
B) approved by the jury.
C) stipulated by the prosecutor.
D) stipulated by both the prosecutor and the judge.

Question 16

A trial judge has the authority (discretion) to fashion evidentiary procedures to deal with:

A) situations not specifically covered by the rules.
B) situations which the prosecutor failed to raise in pretrial hearings.
C) situations which the defense failed to raise in pretrial hearings.
D) situations which the jury doesn't understand.

Question 17

Which of the following is NOT one of the basic themes found in the Federal Evidentiary Rules?

A) The Rules favor admissibility of evidence.
B) The trial judge has considerable discretion as to the admissibility of evidence.
C) Federal Rule 102 establishes a principle of ridged application of the Federal Rules of Evidence.
D) All of the above are basic themes.

Question 18

Which of the following is NOT an exception to the Hearsay rule?

A) Affidavits to show grounds for issuing warrants
B) Affidavits to determine issues of fact in connection with motions
C) A statement describing or explaining an event or condition made within one calendar year of a declarant experiencing it
D) A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition

Question 19

The United State Supreme Court in Davis v. Washington, 2006 decided:

A) that a 911 dispatcher could testify to what a 911 caller told them even if they identified the suspect.
B) that a 911 dispatcher testimony of what a 911 caller told them would be considered hearsay.
C) that 911 dispatchers could not testify because they could not positively identify a caller.
D) that a 911 dispatcher could testify to what a 911 caller told them but they could not identify the suspect.

Question 20

Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by:

A) the trial judge.
B) family law guidelines.
C) criminal law guidelines.
D) the state code of criminal procedure.

Question 21

A trial judge has the discretion to fashion evidentiary procedures to deal with situations not specifically covered by the rules of evidence.

Question 22

Hearsay is never admissible in a criminal trial.

Question 23

Former testimony is not considered as hearsay.

Question 24

The fairness rule requires the exclusion of certain portions of a statement when the statement is admitted into evidence.

Question 25

Relevant evidence may be excluded by the trial judge if he or she considers that the evidence will waste the court or jury's time.

Question 26

Evidence that a defendant is a bad character is generally admissible to establish that defendant committed the crime being charged.

Question 27

Under modern rules of evidence, the general rule is that all persons are competent to testify.

Question 28

A non-expert witness may never be allowed to testify as to his or her opinion on a relevant issue before the court.

Question 29

Impeachment is a legal term referring to the process of establishing that a witness has a tendency to testify correctly or accurately.

Question 30

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 31

The phrase "chain of custody" means that a defendant who has been arrested must be kept in custody in chains until he or she is safely in a jail cell.

Question 32

Evidence of juvenile adjudications of witnesses is generally not admissible.

Question 33

Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness.

Question 34

One of the traditional ways of impeaching a witness is by introducing evidence of a prior inconsistent statement.

Question 35

The sequestration of prospective witnesses is a common method of discouraging or preventing collusion and exposing inaccuracies in testimony.

Question 36

The study of evidence is a study of regulation of the process of proving facts.

Question 37

Under the plain error rule, an appellate court may consider a judicial ruling on the evidence if the ruling was clearly wrong and prejudiced the defendant.

Question 38

A(n) ________ is (1) an oral or written assertion or (2) nonverbal conduct of a person if it is intended by the person as an assertion.

Question 39

A(n) ________ is a person who makes a statement.

Question 40

________ is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Question 41

Hearings on the admissibility of confessions shall be conducted ________ of the hearing of the jury.

Question 42

When evidence is admitted for a limited purpose, or against only one party, the ________ should instruct the jury as to the proper scope of the evidence.

Question 43

The fact that evidence is admissible for a(n) ________ purpose does not require that the evidence be admitted.

Question 44

The rule of ________ does not prevent the other party from developing the matter on cross -examination or as part of his or her own case.

Question 45

The ________ rule requires admission of completing evidence only when it ought "in fairness"
to be considered with the admitted statement.

Question 46

The concept of ________ is used when a relevant fact is so well known that to require that it be proved would be a waste of time.

Question 47

This use of character is often described as ________.

Question 48

Explain the rationale for the hearsay rule.

Question 49

Why do courts use the concept of judicial notice?

Question 50

What is the effect on the evidence when a witness is impeached?

Question 51

What are the essential differences between lay and expert witnesses?

Question 52

Explain the best evidence rule.

Question 53

The courts both before and after Daubert have found other factors relevant in determining whether expert testimony is sufficiently reliable to be considered by the trier of fact. Explain these factors and how important these may be to a case.

Question 54

Explain the purpose of the rape shield laws and why they are important to the victim.