Law of Evidence Question Bank
Course Introduction
The Law of Evidence course provides a comprehensive examination of the principles and rules governing the admissibility, relevance, and weight of evidence in legal proceedings. Students will explore key concepts such as burden of proof, presumptions, hearsay, privilege, and types of evidence including documentary, oral, and electronic forms. The course delves into statutory provisions, case law, and procedural aspects under various evidence statutes. Special focus is placed on the evaluation of witness testimony, the use of expert evidence, and contemporary issues such as the admissibility of digital evidence. By the end of the course, students will have a strong understanding of how evidence is collected, presented, and assessed within the judicial process.
Recommended Textbook
Criminal Evidence 8th Edition by Judy Hails
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925 Verified Questions
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Page 2
Chapter 1: Introduction
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Sample Questions
Q1) Items recovered from the crime scene can be introduced as evidence, but exhibits prepared solely for use during trial are not considered evidence.
A)True
B)False
Answer: False
Q2) The rules we currently use for admitting evidence at trial are very similar to the ones used in England at the time the United States declared its independence.
A)True
B)False
Answer: False
Q3) Compare and contrast the roles of the prosecutor as part of the adversary system and as required by Due Process.
Answer: Adversary system: file charges; vigorously negotiate plea bargain; present evidence at trial; make objections during trial; seek to persuade judge at sentencing.Due Process: not file charges if there is no probable cause to support them; give defense exculpatory evidence; work to free defendant if prosecutor learns of evidence indicating that he/she was wrongly convicted
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Chapter 2: The Role of the Courts
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Q1) A Petition for Writ of Habeas Corpus should be filed:
A)with the court in jurisdiction where conviction was entered.
B)with the court in jurisdiction where person is currently confined.
C)with the appellate court in state where conviction was entered.
D)with the U.S.Supreme Court.
Answer: B
Q2) The U.S.Constitution explicitly gives the U.S.Supreme Court the authority to declare that laws are unconstitutional.
A)True
B)False
Answer: False
Q3) Appellate courts decide which issues to address based on:
A)brief filed by the defendant.
B)brief filed by the prosecution.
C)brief filed by trial court judge.
D)summary of facts prepared by staff attorneys.
Answer: A
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Chapter 3: The Adjudication Process
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Q1) Grand jury proceedings are required by the U.S.Constitution in all cases involving felonies.
A)True
B)False
Answer: False
Q2) At a Grand Jury Hearing, the defendant has the right to:
A)have an attorney present.
B)cross examine witnesses.
C)call defense witnesses.
D)none of these Answer: D
Q3) The defense is required to establish the defendant's innocence.
A)True
B)False Answer: False
Q4) The criminal complaint is filed by the prosecution to start the criminal court proceedings.
A)True
B)False Answer: True
Page 5
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Chapter 4: Types of Evidence
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Q1) If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:
A)disprove the basic fact.
B)disprove the presumed fact.
C)disprove either the basic fact or the presumed fact.
D)ask that the jury be instructed that presumptions cannot be used in criminal cases.
Q2) An inference is:
A)a conclusion that the judge tells the jurors that they must draw.
B)a fact that is assumed to have happened if the basic fact was established.
C)a conclusion that is drawn about the person who is testifying.
D)a logical conclusion drawn from the facts introduced into evidence.
Q3) Cumulative evidence:
A)restates what another witness has already testified about.
B)applies when physical evidence validates testimonial evidence.
C)proves the same fact as a prior witness but by another means.
D)none of these are correct.
Q4) Judicial notice is not required if the parties enter into a stipulation.
A)True
B)False
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Chapter 5: Direct and Circumstantial Evidence
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Q1) Which of the following can be used as circumstantial evidence of guilt
A)Carl filed a false police report about Donna's abduction.
B)Carl was an experienced cement mason.
C)Carl had an affair with Eve.
D)Donna's body was found under a cement patio floor.
Q2) Which of the following can be used as circumstantial evidence of ability to commit the crime
A)Carl filed false a police report about Donna's abduction.
B)Carl was an experienced cement mason.
C)Carl had an affair with Eve.
D)Donna's body was found under a cement patio floor.
Q3) Facts are admissible to establish guilt but motive is not.
A)True
B)False
Q4) If a person has previously reported a crime to the police and it was determined that the person intentionally lied, it can be inferred that a more recent report the same person made to the police is also false.
A)True
B)False
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Chapter 6: Witnesses
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Q1) Should Dr.Nora be allowed to answer hypothetical questions
A)Yes, all witnesses are allowed to answer hypothetical questions.
B)Yes, she should be allowed to give her professional opinion because she is a board certified psychiatrist and has reviewed the file.
C)No, only experts who have conducted clinical interviews are allowed to answer hypothetical questions.
D)No, hypothetical questions are not allowed in criminal trials.
Q2) When an attorney is laying the foundation for an expert witness, the attorney must establish that:
A)the jury needs the help of an expert in order to understand facts of the case.
B)the expert has previously testified at trial.
C)the expert has at least 5 years of experience in the field.
D)all of these must be established
Q3) A lay witness is only allowed to testify about events he/she personally observed with the five senses.
A)True
B)False
Q4) Who is competent to be a witness at trial How is the competency of a witness established at trial Give 2 examples.
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Chapter 7: Crime Scene Evidence and Experiments
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Q1) Crime scene evidence is authenticated by the use of laboratory tests.
A)True
B)False
Q2) When collecting evidence at the crime scene:
A)all items should be placed in the same type of package so that they can be easily identified in the evidence room.
B)the test that is likely to be run on each item should be considered so the item can be preserved appropriately.
C)all items should be placed in one large package so that all evidence of the crime stays together.
D)none of these
Q3) If there is a question about the admissibility of a new type of scientific test at trial, the judge will:
A)hold a voir dire hearing.
B)hold a probable cause hearing.
C)admit the test results if the expert has a good reputation for honesty.
D)tell the jurors to infer the test is valid unless they have a reasonable doubt about its accuracy.
Q4) Explain the importance of scientific evidence in criminal trials.
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Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Sample Questions
Q1) A lay person can take the witness stand and identify the handwriting on a document:
A)only if the witness saw the person write the entire document.
B)only if the witness has been familiar with the person's handwriting for at least 10 years.
C)only if the witness is familiar with the handwriting of the person in question.
D)only forensic handwriting examiners are allowed to identify handwriting.
Q2) What can the forensics document examiner tell from the paper and ink that might indicate forgery
A)Numerous tests were done on the ink in the document and it has been determined who manufactured the ink.
B)The document was written in 1863.
C)The document was made recently based on the synthetic fibers in the paper.
D)A forensics document examiner would be qualified to testify to all of these.
Q3) The "original" is the document itself and any copies the person making the document intended to have the same effect as the original.
A)True
B)False
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Chapter 9: Hearsay and Its Exceptions
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Q1) All statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule.
A)True
B)False
Q2) Can Oscar's silence when the officer confronted him be used against him
A)Yes, failure to deny an allegation is admissible as an adoptive admission.
B)Yes, he was not in custody so Miranda does not apply.
C)No, failure to respond when confronted by an authority figure does not qualify as a tacit admission.
D)No, Oscar has a Fifth Amendment right to remain silent.
Q3) Silence when a police officer is accusing a person of committing a crime is not considered an adoptive admission.
A)True
B)False
Q4) Is the demand note hearsay
A)Yes, hearsay includes oral and written statements.
B)Yes, it was not notarized.
C)No, hearsay does not include written notes.
D)No, it is an admission.
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Chapter 10: Privileged Communications
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Q1) Pete is a Catholic.When he went to confession, he told Father Tracy, that he had had venial thoughts about Quint but he had never abused Quint.Can Pete successfully require Father Tracy to testify about this statement
A)Yes, the person who makes the confession holds the privilege.
B)Yes, a person is entitled to introduce his own statements in court.
C)No, Pete cannot force Father Tracy to testify because the Church forbids priests disclosing confessions.
D)No, only the person on the witness stand can decide whether to invoke or waive the privilege.
Q2) Compare and contrast the privilege for confidential communications between husbands and wives with the husband-wife privilege not to testify against each other.
Q3) An attorney who has had a privileged conversation with a client can be compelled to disclose:
A)names and dates of consultations
B)reason for the consultation
C)copy of retainer agreement
D)all of these
Q4) What other evidentiary issues must be considered in conjunction with privileges
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Page 12
Chapter 11: Developing Law of Search and Seizure
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Q1) Did Officer Allen conduct a search when he went to the store and looked at items in the display case
A)Yes, he was there searching for evidence that Brian sold stolen jewelry.
B)Yes, Brian's store was private property.
C)No, he did not invade Brian privacy by looking at items on display for the public to view.
D)No, he did not remove anything from the display case.
Q2) Describe the history of the Exclusionary Rule in the United States Supreme Court.
Q3) The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.
A)True
B)False
Q4) Anonymous information cannot be used to obtain a warrant.
A)True
B)False
Q5) The Fourth Amendment only applies to the issuing of search and arrest warrants.
A)True
B)False
Q6) Describe what should be done when officers execute a search warrant in a home.
Page 13
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) If police officers shoot at non-violent fleeing suspects, they are violating the Fourth Amendment.
A)True
B)False
Q2) If a police officer has reasonable suspicion to stop someone, the officer automatically has the authority to search that person for weapons.
A)True
B)False
Q3) The Supreme Court held that officers may conduct strip searches whenever someone is being booked for a felony.
A)True
B)False
Q4) The shock the conscience test established in Rochin v.California is no longer applied to police conduct.
A)True B)False
Q5) A detention based on Terry v.Ohio may never last more than 20 minutes. A)True B)False
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Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) Officers are allowed to search vehicles only if there is a reason to believe the vehicle has been involved in a crime.
A)True
B)False
Q2) Under the Plain View Doctrine, officers may examine items to find serial numbers so they can check to see if they are stolen.
A)True
B)False
Q3) If a car is legally impounded, the police may inventory its contents.
A)True
B)False
Q4) Once a police officer obtains valid consent to search a room:
A)The duration of the search is determined by the officer
B)The person who gave the consent can withdraw the consent at any time
C)The consent is valid until either the search is complete or the person giving the consent is arrested
D)The duration of the search must be established before the search begins
Q5) Explain the rules for consent searches.
Q6) Explain the search and seizure rules which apply to abandoned property.
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance
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Q1) Agent Smith also wants permission to enter the group's headquarters when it is closed and photograph documents.The request should be:
A)granted only if the search will be done when federal agents are installing surveillance equipment at the group's headquarters.
B)Granted; FISA warrants can be issued for physical searches as well as electronic surveillance.
C)Denied; FISA only provides for warrants authorizing wiretaps and electronic surveillance devices.
D)Denied; physical searches authorized by FISA can only be conducted in foreign countries.
Q2) What distinction has the U.S.Supreme Court made between "pen registers" and wiretaps What regulations did the Congress place on "pen registers" that were not mandated by U.S.Supreme Court decisions
Q3) What purpose do National Security Letters (NSLs) serve How do NSLs differ from subpoenas
Q4) Explain the Misplaced Reliance Doctrine.When can electronic devices be used under the Misplace Reliance Doctrine without obtaining an electronic surveillance warrant
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Chapter 15: Self-Incrimination
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Q1) Assume for this question that Officers Marsh and Nelson violated Lonnie's rights by not giving him Miranda warnings before questioning him: Will Lonnie's statements to Detective Olson be admissible in court
A)Yes, Detective Olson properly advised Lonnie of his Miranda rights.
B)Yes, Lonnie made the statements voluntarily and without coercion.
C)No, Detective Olson used the statements obtained by Officers Marsh and Nelson in order to persuade Lonnie to make incriminating statements.
D)No, all subsequent statements to the police are not admissible due to the improper interrogation by Officers Marsh and Nelson.
Q2) The Fifth Amendment can be used as grounds to refuse to give a voice exemplar. A)True
B)False
Q3) Miranda warnings are required when officers stop and question a suspect based on reasonable suspicion.
A)True
B)False
Q4) State the Miranda warnings and explain the standard for a waiver.
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Chapter 16: Identification Procedures
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Q1) A suspect can invoke his/her Fifth Amendment rights as grounds to refuse to give a voice exemplar during a lineup.
A)True
B)False
Q2) A lineup is a procedure where an eyewitness is allowed to view several people and is then asked if the person who committed the crime is in the group.
A)True
B)False
Q3) A suspect has the right to have an attorney present:
A)When a witness is asked to identify a suspect in court
B)During a lineup conducted after first court appearance
C)At a showup conducted the day before the trial
D)There is a right to have an attorney present at all of these
Q4) Due Process mandates that all of the participants in a lineup:
A)Have similar physical characteristics
B)Be under arrest
C)Have attorneys present
D)All of these are required to satisfy Due Process
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Chapter 17: Preparing the Case for Court
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Q1) The police should release information about the case to the media:
A)All facts of the case should be provided upon request
B)Facts should be stated accurately without making inflammatory statements
C)All facts of the case should be released except evidence that court has ruled is inadmissible
D)Police should not give information to the media
Q2) Police officers should always appear in court in conservative business suits.
A)True
B)False
Q3) Who is usually responsible for preserving the physical evidence until trial
A)Police
B)Prosecution
C)Courts
D)Independent firm
Q4) An officer should show his/her true feelings toward the defendant during trial. A)True
B)False
Q5) Explain the proper way officers should interact with jurors at the courthouse.
Q6) Explain what an officer should do to prepare for presenting the case to the prosecutor.
Page 19
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