Law of Evidence
Pre-Test Questions
Course Introduction
Law of Evidence examines the set of rules and legal principles that govern the proof of facts in judicial proceedings. The course covers the admissibility, relevance, and weight of various forms of evidence, including oral testimony, documentary materials, and physical exhibits. Students explore key concepts such as burden of proof, standard of proof, hearsay, presumptions, and privileges. Emphasis is placed on the procedures for presenting and challenging evidence in court, the exclusionary rules, and the impact of technological advancements on evidentiary practices. This course provides a comprehensive foundation for understanding how evidence is evaluated and utilized in the pursuit of justice within the legal system.
Recommended Textbook
Criminal Evidence 7th Edition by Norman M Garland
Available Study Resources on Quizplus
15 Chapters
948 Verified Questions
948 Flashcards
Source URL: https://quizplus.com/study-set/2928 Page 2
Chapter 1: Introduction to the Law of Evidence and the
Pretrial Process
Available Study Resources on Quizplus for this Chatper
62 Verified Questions
62 Flashcards
Source URL: https://quizplus.com/quiz/58352
Sample Questions
Q1) Which of the following is a criminal procedure requirement that has been incorporated into the due process clause of the Fourteenth Amendment?
A)the privilege against self-incrimination
B)freedom of the press
C)freedom of speech
D)freedom of worship
Answer: A
Q2) What is the purpose of a grand jury,and when is a grand jury necessary?
Answer: In the federal system and in many states,felonies can still only be prosecuted by indictment of a grand jury.In those jurisdictions,after the police investigate a crime,the case is presented by the prosecutor to the grand jury.The grand jury hears only the prosecutor's case and decides whether to indict the accused.If the grand jury votes to indict then a bill of indictment,or a true bill,is issued.If the grand jury votes not to indict a no bill is issued.Grand jury proceedings are secret.Only the jurors,the prosecutor,and witnesses are present.Neither the defendant,defense counsel,nor the public can be present during grand jury proceedings.
To view all questions and flashcards with answers, click on the resource link above.
Page 3
Chapter 2: The Trial Process
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/58351
Sample Questions
Q1) During redirect examination,an attorney may not bring up an issue that has not already been discussed.
A)True
B)False
Answer: True
Q2) A potential juror may be excused from voir dire for no articulable reason.
A)True
B)False
Answer: True
Q3) Briefly explain the process of voir dire.
Answer: Voir dire is the process whereby judges and/or attorneys question potential jurors in order to determine which individuals may be able to act impartially and could serve as an unbiased juror.
Q4) Historically,a judge would notify the jury of its power to nullify.
A)True
B)False
Answer: False
To view all questions and flashcards with answers, click on the resource link above.
4
Chapter 3: Evidence-Basic Concepts
Available Study Resources on Quizplus for this Chatper
65 Verified Questions
65 Flashcards
Source URL: https://quizplus.com/quiz/58350
Sample Questions
Q1) If there is no prima facie case made in the government's case-in-chief:
A)the judge may declare a mistrial.
B)the prosecution has satisfied its burden of proof.
C)the defendant will likely be convicted anyway.
D)the defendant is entitled to a judgment of acquittal.
Answer: D
Q2) What is meant by the term "burden of proof"?
Answer: The burden of proof is the responsibility to present evidence in a case that persuades the fact-finder of the truth of the claims the evidence is offered to support.In a criminal trial,the prosecution has the burden of going forward with the evidence initially and proving that the defendant is guilty beyond a reasonable doubt.This is a necessity arising from the fact that a person is "presumed innocent" until proven guilty,a presumption that is the bedrock of our criminal justice system.
Q3) The primary reason for a stipulation is to:
A)eliminate unnecessary procedural roadblocks.
B)save time and expense.
C)make a point judicially noticed.
D)delay trial.
Answer: B
To view all questions and flashcards with answers, click on the resource link above.
Page 5
Chapter 4: Witnesses-Competency and Privileged Communications
Available Study Resources on Quizplus for this Chatper
65 Verified Questions
65 Flashcards
Source URL: https://quizplus.com/quiz/58349
Sample Questions
Q1) What are the three basic characteristics which make up witness capacity?
Q2) Which of the following is false with regards to the clergy-communicant privilege?
A)A privilege protecting confidential communications between clergy and communicants has been adopted in all 50 states.
B)A clergy-communicant privilege is recognized as part of the federal common law.
C)The member of the clergy and the communicant should belong to the same faith for the clergy-communicant privilege to apply.
D)In order for the privilege to apply the communicant must be one who seeks out the clergy in a religious capacity for the purpose of securing spiritual advice.
Q3) If communications between a married couple,which was intended to be confidential,and does not involve a crime upon one spouse by the other,the marital communications privilege does not apply,if the communication is in the presence of a third person and the married couple can anticipate that the third party can hear the communication.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 6
Chapter 5: Witnesses-Lay and Expert
Available Study Resources on Quizplus for this Chatper
62 Verified Questions
62 Flashcards
Source URL: https://quizplus.com/quiz/58348
Sample Questions
Q1) Voir Dire refers to:
A)the method of introducing a lay witness's testimony at trial.
B)the process of qualifying a witness as an expert.
C)the standard for admissibility of expert testimony.
D)the method by which a lawyer may compel a witness's testimony.
Q2) Which of the following is not a method of impeaching a witness?
A)by contradiction.
B)by proof of motive to falsify.
C)by proof of bad character for truthfulness.
D)by proof of past recollection recorded.
Q3) Most courts will not allow the results of a polygraph examination.
A)True
B)False
Q4) The rule on witnesses applies to all witnesses in a criminal case.
A)True
B)False
Q5) The jury is not required to accept the opinion of an expert witness.
A)True
B)False
Q6) Name five categories of subjects about which a lay witness may testify.
Page 7
To view all questions and flashcards with answers, click on the resource link above.
Chapter 6: Credibility and Impeachment
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/58347
Sample Questions
Q1) Who can determine if the witness may claim the privilege against self-incrimination?
A)The witness
B)The attorney calling the witness
C)The attorney cross-examining the witness
D)The judge
Q2) If a witness has not been convicted of a crime,which of the following is true for purposes of the witness's impeachment?
A)The witness can be confronted with any acts of misconduct he or she committed in the past that bear upon untruthfulness.
B)The witness cannot be confronted with any acts of misconduct he or she committed in the past.
C)The cross-examiner may confront the witness with evidence which proves acts of misconduct.
D)The cross-examiner may not confront the witness with evidence which proves acts of misconduct unless the witness denies knowledge of the acts of misconduct.
Q3) Why would an attorney want to impeach a witness that they called?
Q4) What are the five basic methods of impeaching a witness?
To view all questions and flashcards with answers, click on the resource link above.
8
Chapter 7: The Hearsay Rule
Available Study Resources on Quizplus for this Chatper
64 Verified Questions
64 Flashcards
Source URL: https://quizplus.com/quiz/58346
Sample Questions
Q1) All of the following categories of statements do not fall within the definition of hearsay because they are not offered for the truth of the matter asserted except:
A)State of Mind of the Declarant
B)Operative Legal Fact
C)Opposing Parties' Statements (Admissions)and Confessions
D)State of Mind of the Hearer
Q2) An adoptive opposing parties' statement (admissions)may be found when:
A)a statement is made by a person authorized to speak for the party opponent
B)a party reacts by silence in the face of an accusation when a reasonable person would be expected to respond and deny the accusation
C)a statement is made by an employee during the time of employment,and the statement concerns a matter within the scope of employment
D)a statement is made by a co-conspirator during the course of the conspiracy and in furtherance of the conspiracy
Q3) How does the Crawford decision apply to the declaration against interest exception to the hearsay rule?
Q4) What two principles justify the state of mind exception to the hearsay rule?
To view all questions and flashcards with answers, click on the resource link above. Page 9
Chapter 8: Opposing Partys Statements Admissionsand
Confessions
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/58345
Sample Questions
Q1) The U.S.Constitution requires that Miranda's procedures be followed.
A)True
B)False
Q2) A defendant's silence while in police custody is usually not an opposing party's statement (admissions).
A)True
B)False
Q3) The Sixth Amendment right to counsel attaches when adversary judicial proceedings have commenced in a criminal case.
A)True
B)False
Q4) The Miranda requirements are triggered whenever the defendant is the focus of the investigation.
A)True
B)False
Q5) Explain the effect of the 2004 Supreme Court decision in United States v.Patane in connection with the exclusionary rule and Miranda.
Q6) Miranda requires the police to warn a suspect in custody of what rights?
Q7) What is the test for "custody"?
To view all questions and flashcards with answers, click on the resource link above. Page 10
Chapter 9: The Exclusionary Rule-Search and Seizure
Available Study Resources on Quizplus for this Chatper
66 Verified Questions
66 Flashcards
Source URL: https://quizplus.com/quiz/58344
Sample Questions
Q1) Which United States Supreme Court case formulated the attenuation doctrine?
A)Silverthorne Lumber Co.v.United States
B)Wong Sun v.United States
C)Nix.v.Williams
D)Elkins v.United States
Q2) Once one judge determines that an officer has established probable cause and issues a search warrant,another judge can not challenge the search warrant.
A)True
B)False
Q3) Explain the difference between probable cause to search and probable cause to arrest.
Q4) A suspect who reveals information to a police informant is protected from that information being used against him or her at trial if the suspect had a reasonable expectation of privacy.
A)True
B)False
Q5) What is the test for determining if a person has been seized?
Q6) Explain the independent source doctrine and give an example.
Q7) Explain the impeachment exception to the exclusionary rule.
Page 11
To view all questions and flashcards with answers, click on the resource link above.
Chapter 10: Exclusionary Rule-Identification Procedures
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/58343
Sample Questions
Q1) Markings on a photo,such as: height measurements,charts,or surroundings in which a suspect is depicted,do not provide a constitutional basis to challenge a photo array.
A)True
B)False
Q2) The U.S.Justice Department released a report in 1999 (Eyewitness Evidence: A Guide for Law Enforcement).Which of the following is false about the suggestions offered by the Guide regarding photo arrays?
A)Individual photos should be placed in random order.
B)The photos in the array should be viewed together.
C)The witness should be told to take as much time as needed with each photo.
D)The officer should avoid reporting any information to the witness about the individual selected prior to the witness's statement of certainty.
Q3) What must the court first determine if a question is raised about the suggestiveness of a pretrial identification?
Q4) If a court finds an identification procedure to be unnecessary and suggestive what must the court then determine?
Q5) What are the five factors used to test the reliability of an identification?
To view all questions and flashcards with answers, click on the resource link above.
Page 12
Chapter 11: Circumstantial Evidence
Available Study Resources on Quizplus for this Chatper
67 Verified Questions
67 Flashcards
Source URL: https://quizplus.com/quiz/58342
Sample Questions
Q1) To establish identity,the prosecution may introduce all of the following types of evidence except:
A)other crimes with the same modus operandi
B)other crimes in which the defendant had the ability and means with which to commit the crime in question
C)circumstantial evidence
D)evidence of acts of misconduct which are not a part of the charge for which the defendant is now being tried
Q2) In order to introduce "bad acts" evidence,the conduct must have occurred prior to the charged crime.
A)True
B)False
Q3) Circumstantial evidence is inferior to direct evidence.
A)True
B)False
Q4) Intent and motive are not the same thing.
A)True
B)False
Q5) What does the expression "opening Pandora's box" mean?
To view all questions and flashcards with answers, click on the resource link above. Page 13
Chapter 12: Documentary Evidence and the Right of Discovery
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/58341
Sample Questions
Q1) A defendant must always comply with a subpoena ducus tecum and produce the document requested.
A)True
B)False
Q2) What are the defenses that the defendant may be required to disclose to the prosecution prior to trial?
Q3) A party meets the requirement of authentication of a document by laying the foundation for the introduction of the document into evidence.
A)True
B)False
Q4) The right of discovery is a right afforded to the prosecution in a trial to withhold evidence from the defense.
A)True
B)False
Q5) Documents may be classified as which of the following?
A)Admissible and inadmissible
B)Legitimate and unlawful
C)Public and private
D)Governmental and unofficial
To view all questions and flashcards with answers, click on the resource link above. Page 14
Chapter 13: Physical Evidence
Available Study Resources on Quizplus for this Chatper
59 Verified Questions
59 Flashcards
Source URL: https://quizplus.com/quiz/58340
Sample Questions
Q1) It is best not to place a weapon in a container because the jurors should be able to touch and feel it.
A)True
B)False
Q2) List three reasons why it is impractical for an officer to have exclusive control of an item of physical evidence from its discovery at the crime scene to its admission in court.
Q3) Today,which of the following does the prosecution rely most heavily upon in proving a defendant's guilt?
A)The "story."
B)The defendant's reputation.
C)The scientific results of evidence,such as the type of blood found on a weapon.
D)The defendant's character.
Q4) An extremely gory object may not be admitted because of its prejudicial nature,even though the object may be relevant to the case.
A)True
B)False
Q5) What are the four general categories of physical evidence?
To view all questions and flashcards with answers, click on the resource link above. Page 15
Chapter 14: Photographic, recorded, and Computer-Generated Evidence
Available Study Resources on Quizplus for this Chatper
62 Verified Questions
62 Flashcards
Source URL: https://quizplus.com/quiz/58339
Sample Questions
Q1) When a photograph,film,or video tape is offered as a "silent witness" what type of testimony must support it?
A)Sponsoring witness testimony
B)Expert witness testimony
C)Pictorial testimony
D)No testimony can support it
Q2) What is the second rule of admissibility of photographic and recorded evidence?
Q3) Eight-by-ten-inch photograph enlargements are the most accepted photographic size because they are easy for the jury to handle.
A)True
B)False
Q4) An officer can ensure that he or she can identify a photograph or videotape at a later date by placing an inconspicuous item in the scene that can easily be taken as a part of the crime scene and not detract the jury's attention.
A)True
B)False
Q5) What are the circumstances in which video and audio evidence may be used in court?
Q6) What is the first rule of admissibility of photographic and recorded evidence?
To view all questions and flashcards with answers, click on the resource link above. Page 16
Chapter 15: How to Testify Effectively
Available Study Resources on Quizplus for this Chatper
61 Verified Questions
61 Flashcards
Source URL: https://quizplus.com/quiz/58338
Sample Questions
Q1) Many prosecutors suggest that the officer appear in court in civilian clothing rather than in uniform for all the reasons except:
A)jurors may tend to associate the officer in uniform with the traffic citations they have received.
B)to some jurors,the uniform and badge may represent authority that they resent.
C)the jury may be able to better relate to an officer in civilian clothing and give more weight to the officer's testimony.
D)so that the defendant will not be able to recognize the officer.
Q2) The officer should dress casually,so as not to look intimidating or threatening on the witness stand.
A)True
B)False
Q3) List some ways in which an officer can improve his or her skills as a witness.
Q4) Describe appropriate court attire for the police officer.
Q5) An officer should put all needed information for trial
A)in a report.
B)on the hard-drive of his computer.
C)on a flash drive.
D)The officer should try and memorize all needed information.
To view all questions and flashcards with answers, click on the resource link above. Page 17