Deck 3: Forms of Evidence

Question 1

Evidence that proves a fact without the need for a juror to infer or presume anything from it is

A) circumstantial evidence.
B) direct evidence.
C) indirect evidence.
D) inferred evidence.

Answer 1

B

Question 2

Which of the following would be the best example of demonstrative evidence?

A) an article of clothing
B) a seized weapon
C) a flow chart
D) a contract

Answer 2

C

Question 3

Which of the following is not an example of testimonial evidence?

A) an affidavit
B) a deposition
C) a witness at trial
D) a videotape

Answer 3

D

Question 4

Which of the following would not be circumstantial evidence that a person had the ability to commit a crime?

A) A burglar was a certified locksmith.
B) A robber owned a shotgun.
C) An embezzler was trained as an accountant.
D) A murderer hated the victim.

Question 5

Which of the following would not be circumstantial evidence that a person had the motive to commit a crime?

A) a husband who killed his wife had just taken out extra life insurance
B) a person who burned down a fence thought the structure was ugly
C) a person who had stolen money from an employer later left the country
D) a person who embezzled money from work had gambling debts

Question 6

Which of the following would not be circumstantial evidence that a person was acting guilty?

A) a person who had a dispute with a neighbor turned up dead
B) a husband did not cry or seem concerned after his wife disappeared
C) a person who allegedly killed someone was seen burning clothing
D) a person identified in a shooting was seen tossing an item into a sewer

Question 7

Which party must introduce evidence of character before it is considered relevant?

A) the judge
B) the prosecution
C) the defense
D) any party

Question 8

The court and the jury in a criminal case know nothing about the dispute between the two parties involved. The court and the jury can come to know about the dispute only through evidence properly introduced; this defines

A) judicial notice.
B) presumptions.
C) inferences.
D) blank pad rule.

Question 9

Legalese for "pre-existing or common knowledge" is

A) direct evidence.
B) indirect evidence.
C) judicial review.
D) judicial notice.

Question 10

Which of the following is least likely to be taken into judicial notice without mentioning it at trial?

A) People drive automobiles.
B) Speed limits exist.
C) Reckless driving is driving twenty miles per hour above the speed limit.
D) Automobiles are required to drive in the right lane.

Question 11

If judicial notice did not exist, which of the following would be true?

A) Courts would follow the blank pad rule.
B) Trials would take considerably more time.
C) More witnesses would have to be called to present evidence.
D) all of the above

Question 12

Unspoken judicial notice is

A) tacit judicial notice.
B) judicial notice of law.
C) judicial notice of legislative facts.
D) judicial notice of adjudicative facts.

Question 13

Matters of general knowledge not otherwise connected to statutes, constitutions, administrative rules, or other sources of law are called

A) tacit judicial notice.
B) judicial notice of law.
C) judicial notice of legislative facts.
D) judicial notice of adjudicative facts.

Question 14

Closely connected to judicial notice of law is

A) the Uniform Judicial Notice of Foreign Law Act.
B) judicial notice of law.
C) judicial notice of legislative facts.
D) judicial notice of adjudicative facts.

Question 15

Judicial notice

A) bars contrary evidence.
B) makes jury members' duties easier.
C) saves time.
D) all of the above

Question 16

Which of the following does not comply with Rule 201 of the Federal Rules of Evidence to take judicial notice of adjudicative facts?

A) A fact is indisputable.
B) A fact is common knowledge.
C) A fact is ascertainable from a recognized source.
D) A fact is debated in the scientific community.

Question 17

When courts take judicial notice of facts, they essentially circumvent the right to a jury trial, which is guaranteed in the

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

Question 18

Which of the following is a criticism of judicial notice?

A) It bars contrary evidence.
B) It speeds up trials.
C) It may threaten confrontation.
D) It simplifies the duties of jurors.

Question 19

Judicial notice is actually much like

A) probation.
B) parole.
C) plea bargaining.
D) community corrections.

Question 20

__________ is/are typically mandatory (the jury is required to draw some conclusion).

A) Presumptions
B) Inferences
C) Propriety
D) Tenor

Question 21

__________ is/are not mandatory.

A) Presumptions
B) Inferences
C) Propriety
D) Tenor

Question 22

Conclusive presumptions are sometimes called

A) irrebuttable presumptions.
B) rebuttable presumptions.
C) rebuttable inferences.
D) irrebuttable inferences.

Question 23

Which of the following is not true of conclusive presumptions?

A) They must be accepted as true.
B) They cannot be challenged.
C) They are used when the law demands a presumption.
D) They can be disregarded by the jury if circumstances warrant.

Question 24

Which of the following requires that all parties in the case agree with the decision?

A) conclusive presumptions
B) rebuttable presumptions
C) conclusive inferences
D) rebuttable inferences

Question 25

When the party against whom the presumption operates may introduce evidence to disprove the presumption, it is a

A) conclusive presumption.
B) rebuttable presumption.
C) conclusive inference.
D) rebuttable inference.

Question 26

Legislatively mandated presumptions are limited by the due process clauses of the

A) First and Fourteenth Amendments.
B) Fifth and Sixth Amendments.
C) Sixth and Fourteenth Amendments.
D) Fifth and Fourteenth Amendments.

Question 27

The only time the defense should be required to offer proof against some presumption is when that presumption is specifically

A) rebuttable.
B) conclusive.
C) not legislatively mandated.
D) irrebuttable.

Question 28

Which of the following is not true of presumptions?

A) They save time.
B) They are good for public policy.
C) They are essential for effectiveness in government.
D) none of the above (they are all true)

Question 29

Which of the following is not typically a rebuttable presumption?

A) the presumption of innocence
B) the presumption that children under the age of seven are incompetent
C) the presumption of sanity
D) the presumption of paternity of a child to two married parents

Question 30

Which of the following presumptions is not rebuttable?

A) the presumption of a guilty mind while in possession of the fruits of a crime
B) the presumption of law
C) the presumption of the regularity of official acts
D) the presumption of death following an unexplained absence

Question 31

Which of the following occurs when the prosecution and defense agree upon a certain fact?

A) a presumption
B) an inference
C) a stipulation
D) An agreement

Question 32

Stipulation can be viewed as __________ made by either side.

A) concessions
B) inclusions
C) additions
D) propriety

Question 33

Stipulations are usually made with regard to facts that have __________ on the outcome of the trial.

A) a major bearing
B) little bearing
C) no bearing
D) none of the above

Question 34

Which of the following constitutional amendments would a defense attorney most likely violate if she agreed with too many stipulations proposed by the prosecution?

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

Question 35

It is presumed that children under the age of around __________ are not capable of committing a crime

A) seven
B) ten
C) twelve
D) fourteen

Question 36

The term "actus reus" refers to the

A) motive of the offender.
B) criminal act itself.
C) intent of the offender.
D) psychological profile of the offender.

Question 37

The term "mens rea" refers to the

A) criminal act itself.
B) intent of the offender.
C) The psychological profile of the offender.
D) The response of the victim.

Question 38

A(n) __________ is something that can be determined by looking it up in some source, the accuracy of which cannot be easily disputed.

A) ascertainable fact
B) conclusive presumption
C) stipulation
D) inference

Question 39

Which terms means the "method of operation"?

A) ex post facto
B) a priori
C) mortis causa
D) modus operandi

Question 40

Which item below would be an example of real evidence?

A) a flow chart
B) a knife
C) a voice recording
D) a computer simulation

Question 41

____ "Real evidence" refers broadly to any tangible item that can be perceived using one of the five senses.

Question 42

____ The key to testimonial evidence is that it must be given under oath.

Question 43

____ Hearsay statements are never admissible in court as evidence.

Question 44

____ It is possible for real evidence to be either direct or circumstantial.

Question 45

____ It is possible for testimonial evidence to be either direct or circumstantial.

Question 46

____ Circumstantial evidence does not speak directly to the defendant's involvement in a crime; it does so in a roundabout way.

Question 47

____ Evidence of prior crimes is usually admissible.

Question 48

____ If a person flees in an effort to avoid punishment, then guilt can sometimes be inferred.

Question 49

____ Judicial notice is a procedure that courts use to determine the truth or falsity of a matter without having to follow the normal rules of evidence.

Question 50

____ Judicial notice is best understood as a method for saving time.

Question 51

____ Judicial notice of foreign laws is hardly ever taken.

Question 52

____ An "ascertainable fact" is one that can be determined by looking it up in some source.

Question 53

____ Judicial notice decisions are not subject to appellate review.

Question 54

____ Parties can request judicial notice at the appellate level.

Question 55

____ Some critics of judicial notice have argued that it violates the Constitution.

Question 56

____ A propriety is a logical decision based on human knowledge, a decision that connects two or more important facts in some fashion.

Question 57

____ An inference can also be understood as a substitute for evidence.

Question 58

____ Because it is up to each individual juror to draw inferences, the rules of evidence make it difficult to restrict them.

Question 59

____ Our criminal justice system requires that accused persons be presumed innocent until proven guilty.

Question 60

____ Presumptions of fact are required by law.

Question 61

____ Presumptions cannot make a jury draw any or some inferences.

Question 62

____ A Sixth Amendment violation occurs when a conclusive presumption is required by law.

Question 63

____ Presumptions speed up proceedings.

Question 64

____ Presumptions are not necessary for the normal functioning of governments and public organizations.

Question 65

____ Conclusive presumptions are much more common than rebuttable presumptions.

Question 66

____ Stipulations are agreements between opposing attorneys about some important fact.

Question 67

____ There are limitations on stipulations.

Question 68

____ Stipulations cannot be withdrawn.

Question 69

____ "Credibility" is basically synonymous with "character."

Question 70

____ Evidence concerning a person's character is direct evidence.

Question 71

____ The presumption of innocence is required by law until evidence is offered that proves otherwise.

Question 72

____ It is presumed that all citizens in the United States know the law.

Question 73

____ Presumptions of fact is a presumption where the law requires that an inference or deduction be drawn.

Question 74

____ Judicial notice places a substantial time burden on the jury.

Question 75

____ A fact is considered common knowledge if it is considered generally known, by informed individuals, and within the jurisdiction of the trial court.

Question 76

Why is the defendant's mental capacity (usually) not treated as circumstantial evidence?

Question 77

When does the mental capacity of a defendant (usually) matter?

Question 78

What are some examples of behavior that can demonstrate guilt?

Question 79

What is credibility?