Legal Studies
Pre-Test Questions
Course Introduction
Legal Studies provides an introduction to the principles, structures, and practices of law within society. This course explores the foundations of legal systems, the development of legal thought, and the role of law in resolving conflicts and regulating behavior. Students will examine key concepts such as justice, rights, and legal responsibilities, and analyze landmark cases to understand how laws are applied and interpreted. Through critical discussions and case studies, the course fosters an understanding of how legal decisions impact individuals and communities, preparing students for further study or careers related to law, public policy, or social justice.
Recommended Textbook
Criminal Evidence 7th Edition by Norman M Garland
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15 Chapters
948 Verified Questions
948 Flashcards
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Page 2
Chapter 1: Introduction to the Law of Evidence and the
Pretrial Process
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62 Verified Questions
62 Flashcards
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Sample Questions
Q1) Booking is the formal processing of the arrested person by the police that involves informing an individual of the right to remain silent,among other things.
A)True
B)False
Answer: False
Q2) Which of the following is not true of the juvenile justice system?
A)It is intended to be more informal than criminal courts.
B)Juvenile courts are civil,rather than criminal proceedings.
C)Juvenile court judges must be certified social workers.
D)Children who appear in juvenile court have certain fundamental constitutional rights.
Answer: C
Q3) At a preliminary hearing,the judge considers the prosecution's case to decide whether there is probable cause to believe the defendant committed the crimes charged.
A)True
B)False
Answer: True
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Page 3
Chapter 2: The Trial Process
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63 Flashcards
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Sample Questions
Q1) Venire is a pool of available jurors sent to a courtroom.
A)True
B)False
Answer: True
Q2) A police officer should expect a rigorous direct examination and cross-examination.
A)True
B)False
Answer: False
Q3) Who can waive a jury trial in a criminal case?
A)The defendant alone.
B)The defendant and the prosecution.
C)The judge.
D)No one,because a jury trial cannot be waived.
Answer: A
Q4) State the basic purpose of a trial.
Answer: A trial allows competing sides to tell their stories of the facts as they perceive them to be in a way that can be followed by a judge and/or jury so that one side is victorious.
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Chapter 3: Evidence-Basic Concepts
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65 Flashcards
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Sample Questions
Q1) Prima facie evidence is evidence that requires an eyewitness.
A)True
B)False
Answer: False
Q2) There is no legal presumption that a "person is presumed to know the law." How then can someone be arrested,tried,and convicted of an act,without knowing the act was illegal?
Answer: There is a maxim or rule of law providing that everyone is assumed to know the law and that ignorance of the law is no defense for a criminal act.Additionally,the claim that one did not know that an act was punishable is not a defense.This maxim is based on the demands of society.Otherwise,successful prosecutions could be defeated if offenders were able to claim ignorance of the law as their defense.
Q3) Relevant evidence is always admissible in court.
A)True
B)False
Answer: False
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5
Chapter 4: Witnesses-Competency and Privileged Communications
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Sample Questions
Q1) Which of the following is false regarding a news reporter privilege?
A)A reporter's claim of privilege will be weighed by the trial judge to determine whether the information sought is vital to the prosecution or defense of a criminal case.
B)The First Amendment guarantee of freedom of the press automatically grants a news reporter-source privilege.
C)A news reporter protection extends to a reporter,publisher,and editor.
D)The privilege covers information discovered by the reporter,including the sources and background data.
Q2) Which amendment of the United States Constitution requires a witness to appear personally to face the defendant?
A)4<sup>th</sup> Amendment.
B)5<sup>th</sup> Amendment.
C)5<sup>th</sup> and 14<sup>th</sup> Amendments.
D)6<sup>th</sup> Amendment.
Q3) If two or more persons hold a privilege,waiver by one holder automatically waives the privilege for all persons holding the privilege.
A)True
B)False
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Chapter 5: Witnesses-Lay and Expert
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62 Flashcards
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Sample Questions
Q1) Describe four specific guidelines for police officer's testimony.
Q2) According to FRE,what exceptions to the rule prohibiting leading questions on direct examination are allowed?
Q3) The FRE no longer allows the use of hypothetical questions in examining an expert witness.
A)True
B)False
Q4) The power to compel a witness to attend a trial is based on two clauses appearing in the Fourteenth Amendment.
A)True
B)False
Q5) The person with special training in courtroom security is the A)constable.
B)bailiff.
C)court liaison.
D)court clerk.
Q6) Name five categories of subjects about which a lay witness may testify.
Q7) The jury is not required to accept the opinion of an expert witness.
A)True B)False
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Chapter 6: Credibility and Impeachment
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Sample Questions
Q1) If you call a witness,you cannot impeach him or her.
A)True
B)False
Q2) Name the four forms of evidence permitted to prove the trait of character relating to untruthfulness.
Q3) Why are a witness's biases allowed to discredit his or her testimony without the cross-examiner being required to prove that the witness is not credible,has contradicted his or herself,has bad character,or make an inconsistent statement?
Q4) Impeachment always begins as soon as a witness is cross-examined.
A)True
B)False
Q5) The scope of cross-examination is limited to the scope of the subject matter of the direct examination.
A)True
B)False
Q6) If a defendant is granted immunity,he or she can be held in contempt for not testifying and answering questions.
A)True
B)False
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Chapter 7: The Hearsay Rule
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Sample Questions
Q1) Under the FRE,the declaration against penal interest exception to the hearsay rule means that admission of non-self-inculpatory statements are not allowed.
A)True
B)False
Q2) A statement made by a party to a lawsuit is admissible as an opposing parties' statement (admissions)if it is offered by the opposing party:
A)whether the statement was against the interest of the declarant at the time it was made or not
B)only if it was against the interest of the declarant at the time it was made
C)only if it is a present sense impression or an excited utterance
D)only if it constitutes an adoptive opposing parties' statement (admissions)
Q3) The major issue presented to a judge in determining admissibility pursuant to FRE 104(a)is the state of mind of the declarant at the time of making the statements.
A)True
B)False
Q4) What two principles justify the state of mind exception to the hearsay rule?
Q5) What are the foundational requirements for former testimony?
Q6) What are the three types of vicarious opposing parties' statements (admissions)?
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Chapter 8: Opposing Partys Statements Admissionsand
Confessions
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Sample Questions
Q1) List the exceptions to Miranda.
Q2) A confession of one defendant,implicating a co-defendant is generally inadmissible.Explain why these confessions are inadmissible,and give some of the suggested procedures for overcoming this problem.
Q3) A confession cannot be a simple "yes" or "no" answer to a question.
A)True
B)False
Q4) The states follow one of two procedures to determine whether a confession was freely and voluntarily made.Explain each.
Q5) If a statement obtained in violation of Miranda leads to the discovery of other evidence,that derivative fruit of the poisonous tree is NOT barred by the exclusionary rule applied to Miranda.
A)True
B)False
Q6) Any amount of deception in the form of a ploy to get a suspect to make statements has been held by the United States Supreme Court to amount to coercion and hence in violation of either due process or Miranda.
A)True
B)False
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Chapter 9: The Exclusionary Rule-Search and Seizure
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Sample Questions
Q1) Explain the impeachment exception to the exclusionary rule.
Q2) Which of the following is not a ground for issuing a search warrant?
A)Fruit of a crime
B)Consent from the suspect involved in a crime
C)Evidence of a crime
D)Instrumentalities of a crime
Q3) The exclusionary rule was developed for which of the following reasons?
A)It was developed because the courts mistrusted the jury and recognized that the jury has limitations with respect to what it can hear without being improperly swayed.
B)It was developed to protect individual citizens from certain constitutional rights violations,and to deter unlawful police conduct.
C)It was developed because principles of trustworthiness,reliability,and necessity were threatened.
D)It was developed to regulate the flow of information presented in a courtroom to find the historical facts of a legal debate.
Q4) Name the objects of a search or seizure.
Q5) Explain the inevitable-discovery exception and give an example.
Q6) Explain the silver platter doctrine and the current test.
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Chapter 10: Exclusionary Rule-Identification Procedures
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Sample Questions
Q1) An in-court identification that is tainted denies a suspect Due Process.
A)True
B)False
Q2) The best example of when an identification procedure may be unnecessarily suggestive is when:
A)A witness is critically injured in a hospital and a suspect is brought to the hospital to be identified.
B)A lineup consists of similarly looking people fitting the defendant's physical characteristics.
C)A police brings a suspect face-to-face with a witness to be identified.
D)A six-pack photo array consists of five white suspects and one African-American suspect.
Q3) The five Biggers factors are an independent test for reliability and are not judged under the totality of the circumstances.
A)True
B)False
Q4) When does a critical stage begin?
Q5) What are the two issues surrounding the certainty of a witness?
Q6) Why is it necessary for counsel to be present at a post-indictment lineup?
Page 12
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Chapter 11: Circumstantial Evidence
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Sample Questions
Q1) What is the reputation of a defendant and how do you prove it in a criminal trial?
Q2) In a homicide case,explain what the defendant may show at trial when the defendant's self-defense claim is that the victim was the first aggressor.
Q3) The name for a motion to exclude or admit evidence is:
A)pretrial motion
B)motion in limine
C)writ
D)injunction
Q4) A defendant is required by the Constitution of the United States to take the stand in his or her own defense.
A)True
B)False
Q5) Only direct evidence must meet the requirement of relevance to be admissible.
A)True
B)False
Q6) Direct evidence is the product of a person's sensory perception.
A)True
B)False
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Chapter 12: Documentary Evidence and the Right of Discovery
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Sample Questions
Q1) The right of discovery is a right afforded to the prosecution in a trial to withhold evidence from the defense.
A)True
B)False
Q2) Which of the following is not an example of a Public Document?
A)Judicial records
B)Answering machine messages
C)Birth certificates
D)Driver's licenses
Q3) What is the range of matters that may be subject to discovery by the defendant?
Q4) The Jencks Act only deals with the right of the defendant to discover statements made by a government witness.
A)True
B)False
Q5) The burden is on the prosecution to prove that an informer is a material witness on the issue of the defendant's guilt or innocence.
A)True
B)False
Q6) What is the best evidence rule and when does it apply?
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Chapter 13: Physical Evidence
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Sample Questions
Q1) 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
Q2) What determines if an item is relevant as physical evidence?
Q3) When is a crime scene video generally admitted? When is it not?
Q4) List three procedures that may be used by a police officer to positively identify an object,and therefore,ensure its admissibility at trial?
Q5) Whose testimony is most likely to satisfy the burden of authenticating physical evidence in a criminal trial?
A)The police officer
B)The prosecutor
C)The laboratory technician
D)The judge
Q6) When an officer leaves an item with a laboratory expert,the officer should thoroughly examine the object once it is returned to his or her possession.
A)True
B)False
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Chapter 14: Photographic, recorded, and
Computer-Generated Evidence
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Sample Questions
Q1) An officer who has taken photographs must develop the film themselves in order to maintain complete possession of the photograph.
A)True
B)False
Q2) While there is no actual rule,a posed or reconstructed crime scene is generally inadmissible.
A)True
B)False
Q3) State who needs to lay the foundation to admit a digital image or recording and explain why.
Q4) Which of the following is NOT an acceptable "distinctive characteristic"?
A)Officer's business card
B)Identification card
C)Officer's initials on the face of a photograph
D)Officer's initials on the back of a photograph
Q5) When is a posed or reconstructed scene acceptable?
Q6) Identify those witnesses who can authenticate a photograph or recording.
Q7) List 10 different uses of photographic and recorded evidence.
Q8) What is the second rule of admissibility of photographic and recorded evidence? Page 16
Q9) What is the first rule of admissibility of photographic and recorded evidence?
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Chapter 15: How to Testify Effectively
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Sample Questions
Q1) Although the officer should become as familiar as possible with the facts of the case,the officer is not expected to be able to recall certain minute details,such as serial numbers,measurements,or license numbers.
A)True
B)False
Q2) How can the officer portray to the jurors the best possible impression of himself or herself as a police officer?
Q3) The witness sequestration rule:
A)prevents witnesses from discussing the case before testifying.
B)prevents one witness from hearing another witnesses' testimony.
C)encourages witnesses to work together and corroborate their stories.
D)allows witnesses a chance to rehearse their testimony before testifying in the court room.
Q4) A subpoena will include all of the following except:
A)the name of the defendant.
B)where and when to appear in court.
C)whether the officer should make a personal appearance in court.
D)the proper courtroom attire to be worn by the officer.
Q5) Describe appropriate court attire for the police officer.
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