Deck 5: Witnesses

Question 1

A(n) ___________ involves swearing to God to tell the truth.

A) avowal
B) promise
C) oath
D) affirmation

Answer 1

C

Question 2

A(n) ____________ is a solemn undertaking to tell the truth without reference to God.

A) avowal
B) promise
C) oath
D) affirmation

Answer 2

D

Question 3

A witness's _______________ can be brought out on cross-examination and evaluated by the jury when weighing the evidence presented.

A) accuracy
B) believability
C) credibility
D) all of the above

Answer 3

D

Question 4

Under the California Evidence Code, which of the following is a true statement?

A) A child under the age of 10 does not need to take the standard oath or affirmation but may be required to promise to tell the truth.
B) A person with a substantial cognitive impairment cannot testify if he or she cannot understand the standard oath or affirmation.
C) A person can be disqualified to be a witness if he or she is incapable of understanding the duty of a witness to tell the truth.
D) Both a and c are correct.

Question 5

A witness who is testifying based on his or her personal knowledge might testify about:

A) What he or she speculates occurred
B) What he or she heard from another person
C) What he or she smelled at the scene
D) None of the above

Question 6

Which of the following persons would most likely be declared incompetent to testify?

A) One who could not speak English
B) One who is deaf and mute
C) One who was unable to narrate to the judge and jury what happened
D) None of the above would be declared incompetent to testify.

Question 7

States that permit hypnotically refreshed evidence generally require which of the following?

A) Videotaping of the hypnosis
B) Detailed records
C) The examination by a qualified hypnotist
D) All of the above

Question 8

Which of the following represents problems recognized by the Supreme Court with hypnotically refreshed testimony?

A) A person might try to impress the hypnotist and tell the hypnotist what he or she believes the hypnotist wants to hear.
B) The hypnotist might manipulate the responses of the individual.
C) The hypnosis may give the witness a false sense of confident in his or her memory.
D) All of the above are correct.

Question 9

Under the traditional approach to children as witnesses:

A) Children 10 years of age or older are presumptively competent to testify at trial.
B) Children under the age of 10 have to be found competent following voir dire by the judge.
C) Children under the age of 10 were incompetent to testify at trial.
D) Both a and b are correct.

Question 10

In State v. Armstrong, the appellate court identified several factors that a judge is to consider in determining if a child if competent to testify. Which of the following is not one of those factors?

A) The child's ability to receive accurate impression of fact or to observe acts about which he or she will testify
B) The child's ability to recollect accurate impressions of fact or his or her observation of acts
C) The child's maturity for his or her age
D) The child's understanding of truth and falsity

Question 11

Under federal law, which of the following statements is correct?

A) A child is presumed to be competent.
B) The child's age alone is a compelling reason to conduct a competency hearing.
C) The court must conduct a competency examination on any witness under the age of 10.
D) All of the above are correct.

Question 12

If a party challenges a child's testimony on grounds that the child's testimony is tainted, the challenging party must prove ____________ that the child has been subjected to outside influence that has shaped his or her testimony.

A) beyond a reasonable doubt
B) by clear and convincing evidence
C) by a preponderance of the evidence
D) by reasonable suspicion

Question 13

Which of the following statements represent federal law provisions designed to balance the need to protect the child against the defendant's right to confront his or her accuser?

A) A child-witness is allowed to testify by two-way closed-circuit television.
B) A court can permit a child to give a videotaped testimony.
C) A court has the authority to exclude from the courtroom individuals who do not have an interest in the case.
D) All of the above are correct.

Question 14

Under what circumstances can a court conduct a competency hearing on a child witness?

A) When the court determines that compelling reasons exist
B) When the prosecutor requests a hearing
C) When the defense requests a hearing
D) At its sole discretion

Question 15

Which of the following statements is correct?

A) Federal Rule 605 permits a judge to testify at a trial that he or she is presiding over if he or she is a material witness to the crime.
B) According to the Code of Conduct for U.S. Judges, if a judge knows ahead of time that he or she may be a witness, he or should recuse himself or herself before the trial.
C) An attorney who fails to object to a judge's testimony during the trial is barred from raising the issue on appeal.
D) All of the above statements are correct.

Question 16

Which of the following is true about obtaining testimony from a juror in the case?

A) Federal Rule 606 disqualifies a juror from being a witness in a case in which the juror is impaneled.
B) Jury deliberations are protected by a cloak of secrecy.
C) A defendant convicted at trial can question the jurors about what occurred during jury deliberations.
D) Both a and b are correct.

Question 17

Situations in which jurors are allowed to testify about events that took place during deliberations included all of the following, except:

A) Outside prejudicial information was improperly brought to the jurors' attention.
B) A mistake was made in weighing the evidence.
C) A mistake was made in entering the verdict on the verdict form.
D) Outside influences were brought to bear on a juror or jurors.

Question 18

Which of the following is true about spousal competence under common law?

A) Spouses were incompetent to testify against one another.
B) It was believed that a person had an interest in supporting and protecting his or her spouse.
C) It was believed that a person could provide unbiased and truthful testimony against his or her spouse.
D) Only a and b are correct.

Question 19

In Trammel v. United States, the U.S. Supreme Court established the spousal privilege. Which of the following best represents the Court's position on spousal privilege?

A) Mary is deemed incompetent to testify against Dan, her husband, simply because she is Dan's spouse.
B) Mary is called to testify against her husband, Dan. Mary can assert spousal privilege, to protect her from having to testify against Dan.
C) Mary is called to testify against her husband, Dan. Dan, through his attorney, can successfully protect Mary from having to testify by asserting spousal privilege.
D) Mary is called to testify against her husband. Mary is refusing to testify against Dan, asserting spousal privilege. Dan, however, has his attorney waive spousal privilege, thus requiring Mary to testify.

Question 20

Sarah is a self-proclaimed agnostic. Which of the following is true about her ability to testify in a criminal proceeding?

A) Under common law, Sarah would be disqualified from testifying based on her religious philosophy.
B) Sarah would be prohibited from testifying under U.S. law as prohibiting people from testifying based solely on their religious beliefs is in the interest of society and is consistent with American democracy.
C) Sarah would be permitted to testify so long as she took the oath to testify truthfully.
D) Sarah could object to testifying based her First Amendment right of Freedom of Religion.

Question 21

Which statement most accurately reflects the current view on convicted felons testifying as a witness in a criminal trial?

A) An individual convicted of a felony is incompetent to stand trial.
B) A felony conviction is evidence that the person is unable to testify truthfully as a witness.
C) Disqualification to testify as a witness solely because of a felony conviction has been abolished under the Federal Rules of Evidence.
D) None of the above are correct statements.

Question 22

State statutes specify that an individual may not be prevented from testifying because he or she has been ___________ of a crime

A) accused
B) indicted
C) convicted
D) All of the above are correct.

Question 23

Which of the following statements reflects the U.S. Supreme Court's decision in District of Columbia v. Armes regarding the qualification of person with a severe mental challenge to testify in a criminal proceeding?

A) The U.S. Supreme Court held that an individual's mental incapacity automatically disqualifies him or her from testifying as a witness at trial.
B) The U.S. Supreme Court held that the judge was to evaluate an individual's mental capacity to understand the oath and the consequences of violating the oath in determining if the person was qualified to testify.
C) The U.S. Supreme Court held that the person offering the witness had to establish the individual's mental capacity to observe and remember events.
D) The U.S. Supreme Court held that a person suffering from partial insanity is not capable of giving an accurate statement of what he or she saw or heard.

Question 24

In United States v. Bloome, the federal court held that the competence of a witness depends on which of the following?

A) The witness's capacity to observe, to remember, and to communicate what he or she will testify to
B) The witness's capacity to understand the nature of an oath
C) The witness's capacity to understand the duty an oath imposes on a person to tell the truth
D) All of the above are required.

Question 25

Which of the following is not usually listed by commentators as a form of impeachment?

A) Bias
B) Sensory defect
C) Character for untruthfulness
D) All of the above are forms of impeachment.

Question 26

_________________ refers to evidence intended to create doubts about the credibility of the witness.
Knowledge;

A) Contradiction
B) Impeachment
C) Incompetence
D) Incapacitation

Question 27

Which of the following questions to a witness demonstrates sensory defect impeachment?

A) At the time of the incident, you were feeling depressed, weren't you?
B) You identified the defendant as the perpetrator, yet at the time the crime was committed, you were not wearing your glasses, were you?
C) You identified the defendant as the person you saw committing the crime, but at the time the crime was committed, you were not even at the scene, were you?
D) At the time of the incident, you were out on bail, were you not?

Question 28

In most instances, a witness is impeached:

A) During direct examination by the party who called the witness
B) During cross-examination by the party who called the witness
C) During direct examination by the attorney for the opposing party
D) During cross-examination by the attorney for the opposing party

Question 29

Which of the following explains why impeaching one's own witness was prohibited under common law?

A) In theory, the person who called the witness to testify was vouching for the witness's credibility and character.
B) Impeachment of one's own witness was prejudicial to the defendant.
C) It was considered foul play to call a witness and then attack his or her credibility.
D) Both a and c are correct.

Question 30

"Were you previously convicted for perjury?" is an example of ____________ form of perjury.

A) character assassination
B) character for untruthfulness
C) specific contradiction
D) bias

Question 31

____________ is a relationship between a party and a witness that might lead the witness to slant, unconsciously or otherwise, his or her testimony in favor of or against a party.

A) Prejudice
B) Bias
C) Discrimination
D) Fabrication

Question 32

There are two types of bias that may be addressed through impeachment. They are:

A) One based on a relationship between the witness and one of the parties to the case and one based on a connection between the witness and the litigation
B) One based on a relationship between the witness and one of the parties to the case and one based on a relationship between the judge and one of the attorneys in the case
C) One based on a connection between the witness and the litigation and one based on a relationship between the judge and one of the attorneys in the case
D) One based on a relationship between the witness and one of the parties to the case and one based on a relationship between a juror and one of the attorneys in the case

Question 33

A nonparty witness can be impeached by his or her own criminal conviction if:

A) The crime committed by the nonparty witness was punishable by death
B) The crime committed by the nonparty witness was punishable by more than 1 year in prison
C) The judge makes a determination that the probative value of the nonparty's criminal conviction is substantially outweighed by the danger of unfair prejudice
D) Both a and b

Question 34

All of the following are admissible as prior inconsistent statements, except:

A) Invocation of one's Fifth Amendment right to silence under Miranda as inconsistent with a claim of innocence at trial
B) Statements in a confession taken in violation of the defendant's Miranda rights and the defendant's contradiction of those statements while on the stand at his trial
C) A suspect who waited 2 weeks to turn himself in when charged with a fatal stabbing then asserts a claim of self-defense
D) A defendant's failure to allege self-defense during pre-Miranda questioning then testifies at his trial that he killed in self-defense

Question 35

Which of the following statements is true about a prior inconsistent statement being used for impeachment purposes?

A) The cross-examiner must have a reasonable basis for believing that the earlier statement was made by the witness.
B) Under the federal rules, the statement must be disclosed to the adverse party's attorney on request before the asking about the inconsistent statement on cross-examination.
C) Both a and b are true.
D) Neither a nor b is true.

Question 36

Which of the following items may be used to refresh a witness's memory?

A) A document
B) A song
C) Another witness's statement
D) Both a and b are correct.

Question 37

Which of the following statements is true about past recollection recorded?

A) Under the Federal Rules of Evidence, the statement is embodied in a memorandum, report, or compilation of data.
B) In some jurisdictions, the document must have been drafted by the witness.
C) Under the Federal Rules of Evidence, the documents was prepared or adopted by the witness at a time when the matter was fresh in the witness's memory.
D) All of the above are correct statements.

Question 38

The modern approach to using a previously prepared document to refresh a witness' recollection is that the witness need not have drafted the document as long as:

A) The witness read the document when the event or information was fresh in his or her memory.
B) The witness found the information in the document correct when he or she read it when the event was fresh in his or her memory.
C) The witness adopted the information in the document as an accurate record when the event was fresh in his or her memory.
D) All of the above statements are true.

Question 39

If a witness is unable to answer a question because of a failure in memory:

A) The attorney can try to refresh the witness's recollection ether before trial or while the witness is testifying on the witness stand.
B) The attorney can try to refresh the witness's recollection only before the trial commences.
C) The attorney can try to refresh the witness's recollection only before the witness takes the witness stand during the trial.
D) The attorney can try to refresh the witness's' recollection only while the witness is testifying on the witness stand.

Question 40

Explain the theory behind courts allowing the use of hypnosis to refresh the memory of a witness.

Question 41

Discuss the three situations when jurors are allowed to testify about events inside the jury room.

Question 42

Explain the difference between impeachment using intrinsic evidence and impeachment using extrinsic evidence.

Question 43

What two conditions must be satisfied to impeach a witness other than the accused based on the criminal conviction of the witness?

Question 44

Explain the requirement under the Federal Rules of Evidence for admissibility under past recollection recorded.

Question 45

Under the California Evidence Code, you can be disqualified to be a witness if you are incapable of understanding a witness's duty to tell the truth.

Question 46

The general premise is that a witness is not competent to testify until proven competent.

Question 47

A witness testifying based on his or her personal knowledge must be absolutely certain about the accuracy of his or her testimony for the testimony to be allowed during a trial.

Question 48

The party calling the witness has the burden of persuading the judge that the witness is competent to testify.

Question 49

Federal Rule 601 provides special standards for a jury to apply when weighing the testimony of a child witness.

Question 50

The U.S. Supreme Court has declared unconstitutional a state law that absolutely prohibited the use of hypnotically refreshed evidence, stating that the statute unconstitutionally interferes with a defendant's right to testify in his or her own defense.

Question 51

A judge may be called to testify as a witness in a trial the judge is presiding over.

Question 52

All states recognize spousal competence to testify against one's spouse, but the federal government does not.

Question 53

A witness's felony conviction cannot be used to impeach his or her credibility.

Question 54

Five years ago, Mary was convicted of possession with intent to distribute cocaine, a felony. The prosecutor wishes to call Mary as a witness in a case against Mary's previous boyfriend. Applying the current U.S. Supreme Court's position, Mary will be deemed incompetent to testify as a witness.

Question 55

According to the U.S. Supreme Court, a person's mental incapacity will not automatically disqualify him or her from testifying as a witness at trial.

Question 56

Under the Federal Rules of Evidence, parties are prohibited form impeaching their own witnesses.

Question 57

While five principle forms of impeachment are identified, not all five are covered in the Federal Rules of Evidence.

Question 58

A witness can be impeached through the use of either intrinsic or extrinsic evidence.

Question 59

The Federal Rules of Evidence explicitly address bias as a form of impeachment.

Question 60

There are two types of bias that can give rise to impeachment.

Question 61

A criminal conviction can always be used to impeach a nonparty witness.

Question 62

To impeach a witness for prior inconsistent statements, the prior statements must be directly contradictory.

Question 63

Under the Federal Rules of Evidence, the witness must be given an opportunity to explain or deny a prior inconsistent statement before or after extrinsic evidence is introduced to support that the statement was made by the witness.

Question 64

Present recollection refreshed and past recollection recorded are two ways to jog a witness's memory.

Question 65

The item used to refresh a witness's memory must be admitted into evidence.

Question 66

A witness testifies based on his or her personal knowledge, subjecting his or her testimony to cross-examination. Give some examples as to how this testimony may be attacked on cross-examination by calling into question the witness's ability to observe the events.

Question 67

Explain the process that is followed if a child's testimony is challenged on grounds that it is tainted.

Question 68

Discuss some of the reasons that support the argument that a judge should not be allowed to testify at a trial he is presiding over.

Question 69

Applying legal development of spousal competence from common law to the present, should the interest in spousal harmony outweigh the social interest in the presentation of material and relevant evidence at trial?