Course Introduction
Evidence Law Practice
Questions
Evidence Law explores the principles and rules that govern the admissibility, relevance, and evaluation of evidence in legal proceedings. The course examines key concepts such as burdens and standards of proof, types of evidence (including testimonial, documentary, real, and digital evidence), and the roles of judges and juries in fact-finding. Students will analyze key statutes and case law, considering both the theoretical foundations and practical implications of evidence rules, including exclusionary principles such as hearsay, privilege, and character evidence. Emphasis is placed on developing skills in critical assessment of evidentiary issues and applying evidentiary doctrines to real-world scenarios within the adversarial trial system.
Recommended Textbook
Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner
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Page 2
Chapter 1: History and Development of the Law of Criminal Justice
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Q1) The first form of jury in English history was the ____________ jury.
Answer: presentment
Q2) The rules of ____________ determine what information can be presented to the judge and/or jury.
Answer: evidence
Q3) Prior to the Norman invasion of England, the use of ____________ was a common method of determining guilt or innocence.
Answer: ordeals
Q4) The Fifth Amendment requires that defendants receive notice of any charges brought against them.
A)True
B)False
Answer: False
Q5) The prosecution can subpoena that defendants testify at their criminal trials.
A)True
B)False
Answer: False
Answer: innocence Page 3
Q6) Under American law, the defendant is entitled to the presumption of
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Page 4
Chapter 2: Important Aspects of the American Criminal Justice System
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Q1) The Constitution allows, and certain states require, that defendants
A)reveal incriminating evidence.
B)answer questions posed by the police.
C)give notice that they intend to use an alibi or insanity defense.
D)waive their privilege against self-incrimination.
Answer: C
Q2) Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is automatically a violation of due process.
A)True
B)False
Answer: False
Q3) The jurisdiction of the federal government in interstate commerce issues is often challenged.Use Gonzales v.Rich as a foundation for your discussion.Discuss the situations in which you believe the federal government should become involved.Do you agree with the Gonzales decision? Why or why not? (LO2, 23)
Answer: Examples may include where there is a perceived conflict between state and federal law, typically this would be in situations where state law was deemed to be more lenient or permissive of behaviors/actions that would be in violation of federal law.
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Chapter 3: Using Evidence to Determine Guilt or Innocence
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Q1) One of the purposes of some of the rules of evidence is to assist in finding the truth.
A)True
B)False
Answer: True
Q2) A guilty plea where the defendant refuses to admit committing the crime is called a/n ____________ plea.
Answer: Alford
Q3) The ____________ plea requires evidence of disease or defect.
Answer: insanity
Q4) Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) _____________.
Answer: sentence
Q5) Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial.
A)True
B)False
Answer: False
Q6) Of the cases that go to trial, about 20 percent are tried before a ____________.
Answer: judge
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Chapter 4: Direct and Circumstantial Evidence and the Use of Inferences
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Q1) The prosecution must prove the defendant's guilt beyond a/n ____________.
Q2) In the case In Re _____________, the U.S.Supreme Court held that due process required proof of guilt beyond a reasonable doubt.
Q3) Describe three inferences that are permitted under the law of evidence.What fact is each of these inferences attempting to establish?
Q4) Means, opportunity, and _____________ are frequently used as circumstantial evidence of guilt.
Q5) In the absence of a confession or admission, intent must usually be proven by circumstantial evidence.
A)True
B)False
Q6) Evidence consists of the materials presented to the trier of fact
A)pursuant to presumptions.
B)to convince them of the existence of a fact.
C)to explain the judge's instructions.
D)to attempt to contradict inferences.
Q7) Inferences of guilt cannot be drawn from the fact that the defendant exercises the _____________ Amendment privilege against self-incrimination.
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Chapter 5: Witnesses and the Testimony of Witnesses
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Q1) Questioning of a witness by the opponent of the party that called that witness is called ____________-examination.
A)cross
B)didact
C)critical
D)skeptical
Q2) Defendants who testify at their criminal trial may not be cross-examined by the prosecution.
A)True
B)False
Q3) One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges
A)True
B)False
Q4) The right to confront and cross-examine witnesses is found in the Fifth Amendment. A)True
B)False
Q5) Adults are generally ___________ to be competent witnesses.
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Chapter 6: Judicial Notice, Privileges of Witnesses, and
Shield Laws
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Q1) Prosecutors generally have a privilege not to reveal the A)exculpatory evidence in their possession.
B)agency by which they are employed.
C)identity of confidential informants.
D)fact that they were working undercover.
Q2) The privilege against self-incrimination is found in the __________ Amendment.
A)Fourth
B)Fifth
C)Sixth
D)Eighth
Q3) Courts have long held that judicial notice may be taken of _______theories that have been so established that they have "attained the status of scientific law",
A)scientific
B)conceptual
C)proven
D)absolute
Q4) Judicial _____________ is an exception to the traditional methods of presenting evidence.
Q5) Many states recognize a clergy-____________ privilege.
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Chapter 7: The Use of Hearsay in the Courtroom
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Q1) In hearsay testimony, the person on the witness stand is
A)the out-of-court declarant (or declarant).
B)not under oath.
C)immune from perjury
D)not the person who personally witnessed or heard the evidence.
Q2) One of the requirements for a statement to be defined as hearsay is that the statement is not offered to prove the truth of the matter asserted in the statement.
A)True
B)False
Q3) In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a/n _____________ by a party- opponent.
Q4) The hearsay rule applies only to statements that are offered to prove the truth of the matter _____________ in that statement.
Q5) Among the most infamous trials in English history were the Star Chamber trials of the 1500s and 1600s.
A)True
B)False
Q6) Discuss the co-conspirator rule and provide an example.
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Chapter 8: The Confrontation Clause and Exceptions to the Hearsay Rule
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Q1) Police interrogations can produce both testimonial and non-testimonial evidence.
A)True
B)False
Q2) Exceptions to the hearsay rule mandate that the hearsay offered have some
A)relation to the unavailability or availability of the declarant.
B)indicia of reliability.
C)means of being corroborated.
D)relation to the burden of proof.
Q3) Although statements by a patient to a physician for treatment or diagnosis may be privileged, there is no hearsay exception for such statements.
A)True
B)False
Q4) For "testimonial" statements, Washington v.Crawford
A)aligns the hearsay rule and the Confrontation Clause.
B)creates divergence between hearsay exception and the Confrontation Clause.
C)changes nothing about the traditional relationship between the confrontation clause and hearsay exceptions.
D)will have no impact on hearsay exceptions in state evidence codes.
Q5) There is a hearsay exception for regularly kept businesses ____________.
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Chapter 9: The Exclusionary Rule
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Q1) Evidence obtained illegally by wiretapping or electronic eavesdropping is not subject to the exclusionary rule.
A)True
B)False
Q2) The fruit of the poisonous tree doctrine is also known as the ____________ rule.
A)attenuation of the taint
B)inevitable discovery
C)derivative evidence
D)independent source
Q3) The exclusionary rule exacts a social cost when it is used to exclude relevant, reliable evidence.
A)True
B)False
Q4) Knock-and talk sessions can become "________", if the questioning changes from consensual to interrogation, and may result in constitutional violations.
Q5) Evidence gathered from initial improper conduct is called "fruit of the poisonous tree".
A)True
B)False
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Chapter 10: Where the Exclusionary Rule Does Not Apply
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Q1) There is no Fourth Amendment search when police view something
A)that is in open view.
B)that is incriminating.
C)plain view when its immediately apparent as evidence of a crime
D)in a place where a person has a reasonable expectation of privacy.
Q2) If a person abandons property because of illegal police activity, it
A)is still a valid abandonment for Fourth Amendment purposes.
B)is a valid abandonment only for search purposes.
C)is a valid abandonment only for seizure purposes.
D)is not a valid abandonment for Fourth Amendment purposes.
Q3) Define the concept of standing.When does a defendant have standing to challenge a police search of a place or things? Be sure to provide examples.
Q4) The exclusionary rule applies to evidence obtained in a consent search.
A)True
B)False
Q5) Consent is always necessary for entry even if police are acting in an emergency situation.
A)True
B)False
Q6) Consent is not needed in abandoned nor _______________ circumstances.
Page 13
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Chapter 11: Special Needs and Administrative Searches
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Q1) Discuss the cases in this chapter relevant to border searches.Why are border agents free from the requirement of probable cause or particular suspicion? Do you believe there is any "underlying" reason (besides drug interdiction) for these searches? If your answer is yes, what do you think it might be? If no, why not?
Q2) Evidence obtained as a result of the administrative _________is admissible if performed within the guidelines established by law.
A)function
B)mandates
C)routine
D)omission
Q3) If a person attempts to enter the U.S.from Mexico, in order for customs officers to legally remove the gas tank and search for drugs, this conduct would:
A)require a warrant.
B)require probable cause.
C)require reasonable suspicion.
D)does not require a warrant or any individualized suspicion.
Q4) Describe and discuss three examples of special needs searches.Be sure to provide examples.
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Page 14
Chapter 12: Obtaining Statements and Confessions for Use
As Evidence
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Q1) Miranda warnings are not required if the person is not in custody.
A)True
B)False
Q2) Miranda is based on the _____________ Amendment.
Q3) The Supreme Court held in Fellers v.U.S.that once the _________ Amendment's right to counsel attached, statements made by the defendant must be excluded if the police "deliberately elicited" incriminating information from the defendant.
Q4) In a single criminal trial, the _______ rule generally involves situations where there are multiple defendants involved in a single criminal defense.
Q5) Sometimes even silence can constitute an incriminating statement
A)True
B)False
Q6) Miranda warnings are not required if the suspect is not in custody.
A)True
B)False
Q7) Once a Miranda waiver is given, it may not be withdrawn.
A)True
B)False
Q8) The Massiah rule is based on the ____________ Amendment. Page 15
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Page 16
Chapter 13: The Law Governing Identification Evidence
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Q1) For purposes of a legitimate lineup, witnesses should be separated and interviewed alone.
A)True
B)False
Q2) Police should always attempt to find additional evidence to corroborate the identification made by an eyewitness.
A)True
B)False
Q3) If a criminal prosecution has begun, the defendant has a constitutional right to ____________ at a lineup.
A)have an attorney present
B)cross-examine the witnesses
C)select the other participants
D)have the lineup videotaped
Q4) One reason for misidentification happens is because not everything we see is recorded in our brains.
A)True
B)False
Q5) Define the AMBER alert system.
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Chapter 14: Obtaining Physical and Other Evidence
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Q1) Under Michigan v._____________, the U.S.Supreme Court authorized detention of the occupants of a place while a valid search warrant was being executed.
A)Moseley
B)Witherspoon
C)Summers
D)Johnson
Q2) Discuss the automobile exception and how if differs from entering a residence in terms of probable cause.
Q3) That quantum (amount) of evidence known as reasonable ________is needed to authorize an investigative detention,
A)conjecture
B)cause
C)suspicion
D)justification
Q4) The Fourth Amendment applies to voluntary encounters.
A)True
B)False
Q5) At a minimum, stop and frisk require that the officer have __________ suspicion.
Q6) In order to be lawful, a traffic stop must be temporary, ______ and in public.
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Chapter 15: Obtaining Evidence From Computers or by Use
of Search Warrants, Wiretapping, or Dogs Trained to
Indicate an Alert
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Q1) The Fourth Amendment requires that warrants be executed during the nighttime.
A)True
B)False
Q2) No exception in federal law permits electronic surveillance or ________by one family member on another.
A)snitching
B)eavesdropping
C)wiretapping
D)consent
Q3) Government access to stored e-mails is not covered by federal law.
A)True
B)False
Q4) In Kyllo v.U.S., the Supreme Court held that use of a thermal imaging device against a home is a Fourth Amendment ______________.
Q5) Electronically listening to conversations over the traditional telephone is called
Page 19
Q6) The Fourth Amendment requires that assertions of facts in the warrant application be supported by oath or _____________.
Q7) Discuss using Global Positioning Systems (GPS) in evidence collection.
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Chapter 16: The Crime Scene, The Chain of Custody
Requirement, and the Use of
Fingerprints and Trace Evidence
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Q1) The term "__________" means having a legal right to raise a legal issue.
Q2) It is an exception to the warrant requirement if police have, at a minimum, _____________ to believe that evidence will be destroyed before they can obtain a warrant.
A)reasonable suspicion
B)an anonymous tip that leads them
C)probable cause
D)a mere suspicion
Q3) The term "_____________ circumstances" means emergency circumstances.
Q4) In general, before physical evidence can be admitted, its ____________ of custody must be shown.
Q5) In Schmerber v.California, the U.S.Supreme Court approved the hot-pursuit exception.
A)True
B)False
Q7) In Maryland v.Buie, the Supreme Court recognized a(n) ____________________ exception to the warrant requirement. Page 21
Q6) Proof of chain of custody is usually not required in ____________ and theft cases.
Q8) Fingerprints are ____________ (rather than direct) evidence of guilt.
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Chapter 17: Videotapes, Photographs, Documents, and Writings As Evidence
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Q1) The Fourth Amendment does not apply if police are lawfully in a place and see a document in ____________ view.
A)surreptitious or secret
B)covert or concealed
C)occluded or precluded
D)plain or public
Q2) The best evidence rule is also known as the original document rule.
A)True
B)False
Q3) Videotaping may be conducted in places where the people being filmed do not have a _____________expectation of privacy.
Q4) In United States v.Flores-Montano, the decision reversed a defendant's conviction because of testimony based on a boat's GPS system.
A)True
B)False
Q5) The best evidence rule is also known as the ____________ document rule.
Q6) _________________ evidence is important in civil personal injury trials.
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Q7) A witness may identify a photograph by testimony showing any one or more of the following:
Chapter 18: Scientific Evidence
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Q1) DNA genetic profiling has received such wide acceptance among criminal justice professionals that it is frequently called ________fingerprinting.
Q2) Due to the length of time that U.S.military service members are still missing from WWII, the Korean War, and the Vietnam War, DNA samples will be useful in identifying remains found.
A)True
B)False
Q3) Discuss matching shell casings and "microstamping" and the issues associated with it.
Q4) In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule ____ of the Federal Rules of Evidence.
A)402
B)502
C)602
D)702
Q5) Describe the Federal DNA Act.
Q6) The Federal Rules of Evidence that deals with the admissibility of scientific evidence is Rule _________.
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