Deck 9: Examining Witnesses

Question 1

The compulsory process clause is contained in the

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Eighth Amendment.

Answer 1

C

Question 2

Degree-bearing and non-degree-bearing are types of

A) expert witnesses.
B) lay witnesses.
C) police witnesses.
D) professional witnesses.

Answer 2

A

Question 3

Polygraph results are

A) allowed in court hearings.
B) 100 percent reliable.
C) inadmissible in most court hearings.
D) scientific.

Answer 3

C

Question 4

In regard to expert testimony, voir dire is where

A) an expert's science is established.
B) the expert's expertise is established.
C) the expert gives his or her testimony for the case.
D) the judge questions the attorney putting on the expert.

Question 5

In reference to court-appointed experts, the Federal Rules of Evidence state the court

A) may appoint expert witnesses who favor the state.
B) may not appoint any witnesses.
C) must appoint a witness to counter any expert witnesses.
D) may appoint a witness of its own selection.

Question 6

Experts are called for which of the following situations?

A) automobile accidents
B) drug cases
C) examination of the accused
D) all of the above

Question 7

When a bullet slug is recovered from a crime scene,

A) a patrol officer can testify to where it came from.
B) an expert is necessary to convince the jury it came from a particular gun.
C) the naked eye is the best way to determine the weapon it was fired from.
D) it is admitted into the trial's evidence immediately.

Question 8

A lay witness is an ordinary person who

A) was involved in the case.
B) is knowledgeable about a specific field.
C) has knowledge about the facts of the case at hand.
D) has trained in the area of the case.

Question 9

The accused, when testifying, is protected by the

A) Fifth Amendment.
B) Sixth Amendment.
C) Fourth Amendment.
D) none of the above

Question 10

The initial examination of a witness is

A) cross-examination.
B) redirect examination.
C) direct examination.
D) voir dire.

Question 11

Cross-examination is performed by

A) the party who called the witness.
B) defense counsel.
C) the state.
D) the party who did not call the witness.

Question 12

What helps ensure that the opposing party cannot use cross-examination of the witness to direct the jury's attention to other issues not raised by the party calling the witness?

A) scope of direct rule
B) M'Naghten rule
C) Daubert test
D) rules of evidence

Question 13

A question that does not call for a narrative is a

A) leading question.
B) direct question.
C) specific question.
D) none of the above

Question 14

A substantive objection is

A) asked and answered.
B) compound.
C) hearsay.
D) argumentative.

Question 15

Questions based on mistakes of evidence or misinterpretation are considered

A) compound.
B) leading.
C) misleading.
D) argumentative.

Question 16

Witnesses can be protected

A) by guards.
B) when the material is of a sensitive nature.
C) if they are not guilty.
D) only by counsel.

Question 17

When a witness violates an order of exclusion, he or she may be

A) placed in prison.
B) charged with a crime.
C) praised.
D) held in contempt.

Question 18

Evidence of what the witness thinks, believes, or infers in regard to the facts in dispute, as distinguished from his or her personal knowledge, is

A) factual evidence.
B) expert testimony.
C) opinion evidence.
D) thrown out.

Question 19

The modern approach to opinions is

A) the rule of exclusion.
B) the rule of preference.
C) the rule of evidence.
D) nonexistent.

Question 20

The rule stating that witnesses should, in general, state facts based on personal knowledge rather than inferences or conclusions drawn from such facts is

A) the personal knowledge rule.
B) the scope of direct rule.
C) Daubert test.
D) rules of evidence.

Question 21

What allows witnesses to offer an opinion where recitation of factual perceptions would not convey to the jury what the witnesses heard or observed?

A) the personal knowledge rule
B) the collective facts doctrine
C) the scope of direct rule
D) Daubert test

Question 22

What prohibits experts from expressing opinions on final issues that the judge or jury was charged with deciding?

A) the personal knowledge rule
B) the collective facts doctrine
C) the ultimate issue rule
D) the scope of direct rule

Question 23

Evidence that shows the defendant's guilt is

A) expert testimony.
B) exculpatory.
C) inculpatory.
D) opinion.

Question 24

Which of the following is sworn testimony given before trial?

A) affidavits
B) declarations
C) depositions
D) confessions

Question 25

What constitutional amendment allows a defendant to compel people to testify?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 26

What type of witnesses recounts personal knowledge relevant to a case?

A) lay witnesses
B) expert witnesses
C) alibi witnesses
D) observational witnesses

Question 27

What type of witnesses offers opinions relevant to a case?

A) lay witnesses
B) expert witnesses
C) alibi witnesses
D) observational witnesses

Question 28

What is an official court document ordering a witness to appear at trial?

A) warrant
B) subpoena
C) subpoena duces tecum
D) capias

Question 29

What is an official court document ordering a witness to bring court documents to a trial?

A) warrant
B) subpoena
C) subpoena duces tecum
D) capias

Question 30

In which of the following situations could a person claim protection via the Fifth Amendment?

A) A defendant claims self-defense and must testify.
B) A witness is asked incriminating questions after a grant of immunity.
C) A witness is asked questions that might harm his or her reputation.
D) A witness is subpoenaed and asked if he or she has recently committed any crimes.

Question 31

During what stage of a trial will a witness receive initial questioning?

A) direct examination
B) cross-examination
C) redirect examination
D) recross-examination

Question 32

During what stage of a trial does impeachment most often occur?

A) direct examination
B) cross-examination
C) redirect examination
D) recross-examination

Question 33

What stage of questioning, if it occurs, is most limited in the scope of questioning?

A) direct examination
B) cross-examination
C) redirect examination
D) recross-examination

Question 34

In which of the following circumstances would a leading question not be permissible?

A) during preliminary or undisputed matters
B) when questioning a child
C) when questioning a hostile witness
D) when questioning a compliant witness

Question 35

During what stage of questioning are leading questions most often asked?

A) direct examination
B) cross-examination
C) redirect examination
D) recross-examination

Question 36

Which of the following objections would an attorney most likely raise if during cross-examination a question was posed to a witness three separate times?

A) asked and answered
B) assumption of facts not in evidence
C) argumentative
D) speculation and conjecture

Question 37

Which of the following objections would an attorney most likely raise if during cross-examination a question was posed to a witness asking about circumstances not presented during direct examination?

A) asked and answered
B) assumption of facts not in evidence
C) argumentative
D) nonresponsive to question

Question 38

Which of the following objections would an attorney most likely raise if during cross-examination opposing counsel asked a witness if he or she was lying?

A) asked and answered
B) assumption of facts not in evidence
C) argumentative
D) nonresponsive to question

Question 39

Which of the following objections would an attorney most likely raise if during cross-examination a witness was asked to take a guess to information he or she did not know?

A) asked and answered
B) assumption of facts not in evidence
C) nonresponsive to question
D) speculation and conjecture

Question 40

Which of the following objections would an attorney most likely raise if during cross-examination a witness began to continuously speak when asked a yes or no question?

A) asked and answered
B) speculation and conjecture
C) argumentative
D) nonresponsive to question

Question 41

____ A degree-bearing is a type of expert witness.

Question 42

____ The Daubert test is important in evaluating ballistics testimony.

Question 43

____ A prerequisite for expert testimony is that there must be a need for it.

Question 44

____ Tendering a witness occurs right before the qualification process.

Question 45

____ Only the court can appoint expert witnesses.

Question 46

____ Court-appointed experts are typically compelled to testify.

Question 47

____ Court-appointed experts are not subject to cross-examination.

Question 48

____ Fingerprints must be identified by an expert witness.

Question 49

____ A lay witness is the accused.

Question 50

____ When the accused takes the stand, he or she can invoke the Fifth Amendment.

Question 51

____ Witnesses are examined in four stages.

Question 52

____ Witnesses can be cross-examined twice during the time they are called.

Question 53

____ Leading is a perfectly acceptable legal maneuver.

Question 54

____ Leading questions are permitted when the witness is difficult to control without leading questions.

Question 55

____ Refreshing a witness's memory involves past memory recorded.

Question 56

____ All objections are substantive.

Question 57

____ Asked and answered is a substantive objection.

Question 58

____ The judge may not call his or her own witnesses.

Question 59

____ At common law opinion evidence was governed by the opinion rule.

Question 60

____ The personal knowledge rule is the heart of the opinion rule.

Question 61

____ Expert witnesses are always required to disclose facts and/or data responsible for their opinions.

Question 62

____ Disclosure may be required if an expert's opinion is based on "cutting edge" research.

Question 63

____ A lay witness is anyone who knows more about the subject of his or her testimony than would be typical juror.

Question 64

____ Rule 704(b) applies to lay testimony.

Question 65

____ The ultimate issue rule prohibited experts from expressing opinions on final issues that the judge or jury was charged with deciding.

Question 66

____ Lay witnesses can be permitted to testify concerning a person's age.

Question 67

____ Lay witnesses cannot testify about people's appearances.

Question 68

____ Lay witnesses can testify concerning a person's conduct.

Question 69

____ Never has a lay witness been permitted to testify about a person's handwriting.

Question 70

____ Lay opinions based on hearsay are always permissible.

Question 71

____ Collective facts doctrine allow witnesses to offer opinions when recitation of factual perceptions would not convey to the jury what the witness heard or observed.

Question 72

____ Lay opinion is evidence given by a witness who has not been presented as and is not qualified to be an expert.

Question 73

____ Witnesses should state facts based on their inferences and conclusions rather than based on personal knowledge.

Question 74

____ Opinion evidence is evidence of what the witness thinks, believes, or infers in regard to facts in dispute.

Question 75

____ Witness inclusion is the process of separating witnesses while they are outside the courtroom.

Question 76

What are the three types of witnesses?

Question 77

What are the two primary factors that the Daubert test requires that the trial judge make the determination of whether an expert's testimony is acceptable in court?

Question 78

What is the procedure for selecting court-appointed experts?

Question 79

Explain the difference when objections are either sustained or overruled.