Deck 3: Types of Evidence

Question 1

Which of the following statements is not true about Federal Rule of Evidence 401?

A) Rule 401 defines relevance as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."
B) Rule 401 includes two different tests for relevance, only one of which must be met for evidence to be deemed relevant.
C) Rule 401 includes two different tests for evidence, both of which must be met for evidence to be deemed relevant.
D) Evidence must be material and have probative value to be deemed relevant under Rule 401.

Answer 1

B

Question 2

An item is deemed ___________ if it assists in proving or disproving a fact of consequence.

A) probative
B) relevant
C) arterial
D) None of the above

Answer 2

C

Question 3

Which of the following is(are) true about a fact of consequence?

A) Facts of consequence are the elements required to prove the criminal charge and the elements of any affirmative defenses relied on by the defendant.
B) Facts of consequence differ according to the criminal charge(s) filed by the prosecutor.
C) Facts of consequence differ according to the affirmative defense(s) the defendant raises.
D) All of the above are true.

Answer 3

D

Question 4

Whether a material fact is more probable with the evidence than without the evidence is the test for:

A) Materiality
B) Probative value
C) Fact of Consequence
D) None of the above

Question 5

The logical connection between an item of evidence and the fact of consequence to be proved is the:

A) Materiality
B) Relevance
C) Probative value
D) None of the above

Question 6

Evidence that is relevant and material and admissible is the definition of:

A) Material evidence
B) Competent evidence
C) Relevant evidence
D) Admissible evidence

Question 7

Which of the following is true?

A) Relevant evidence is that which is material and has probative value.
B) Relevant evidence is that which is material or has probative value.
C) All material evidence is relevant.
D) Evidence that has no probative value can be relevant.

Question 8

____________________ occurs when a jury disregards evidence and convicts the defendant based on a factor that is either marginally relevant or is irrelevant to the case.

A) Punishing prejudice
B) Bad logic prejudice
C) Substantial interference
D) Immateriality

Question 9

Specific dangers that impact the admissibility of relevant evidence include:

A) Unfair prejudice
B) Confusion
C) Misleading the jury
D) All of the above

Question 10

The determination of whether evidence is prejudicial or falls within another ground for exclusion under Rule 403 involves the following step(s):

A) Determining the probative value of the evidence
B) Finding that one of the dangers or considerations stated in Rule 403 exist
C) Balancing the probative value of the evidence against its relevance
D) Only a & b are correct.

Question 11

When evidence is relevant for one issue in a trial but is prejudicial and excluded from evidence for other purposes:

A) It poses a risk that the jury might be unable to limit evidence to the proper purpose
B) A judge has the option of excluding the evidence or issuing a limiting instruction
C) It is an acceptable practice under the Federal Rules of Evidence
D) All of the above are correct.

Question 12

Which of the following methods might a judge require before allowing prejudicial photographs of a murder victim into evidence because the photographs have probative value to establishing the bullet's point of entry?

A) Limiting the number of photographs
B) Requiring the photographs to be black and white, not in color
C) Limiting the size of the photographs
D) All of the above.

Question 13

Which of the following is incorrect regarding a judge's power under Rule 403?

A) The judge has broad discretion to admit or exclude evidence under Rule 403.
B) A judge's decision to admit or exclude evidence under Rule 403 can only be overturned based on an "abuse of judicial discretion."
C) Evidentiary rulings based on Rule 403 are rarely appealed.
D) None of the above statements are incorrect.

Question 14

Which of the following would best describe an evidentiary alternative?

A) Rather than excluding certain evidence, the judge may require the prosecution or defense to rely on a less prejudicial alternative.
B) Requiring the prosecution to use a diagram instead of an inflammatory photograph is an example of an evidentiary alternative.
C) Both a and b are correct.
D) Neither a nor b is correct.

Question 15

Which of the following is not a reason to exclude evidence under Rule 403?

A) Evidence may be excluded to encourage the efficient presentation of evidence.
B) Evidence may be excluded if the evidence might confuse the jury.
C) Evidence may be excluded if it is repetitive.
D) All of the above are reasons evidence may be excluded under 403.

Question 16

Seven eyewitnesses testifying to the same event is an example of ____________ evidence, and the judge might limit the number of testifying witnesses to three or four to limit repetitive testimony.

A) confusing
B) misleading
C) cumulative
D) conflicting

Question 17

_____________ evidence is evidence, which if believed by the jury, establishes a fact at issue.

A) Probative
B) Material
C) Direct
D) Circumstantial

Question 18

_________________ evidence is evidence from which a fact at issue may be inferred.

A) Probative
B) Material
C) Direct
D) Circumstantial

Question 19

Witness testimony that the witness saw the defendant running from the crime scene is an example of:

A) Repetitive evidence
B) Direct evidence
C) Circumstantial evidence
D) Needless evidence

Question 20

Which of the following is(are) true about circumstantial evidence?

A) The law of evidence gives circumstantial evidence equal weight with direct evidence.
B) A judge can exercise his discretion whether to admit circumstantial evidence.
C) Neither a nor b is true.
D) Both a and b are true.

Question 21

The _______________ decides whether circumstantial evidence, if believed, is evidence of the defendant's guilt.

A) judge
B) jury
C) law
D) police

Question 22

Trial evidence is divided into two types: testimonial and __________.

A) direct
B) circumstantial
C) real
D) expert

Question 23

______________ evidence is oral communication by a competent witness given under oath or affirmation in a judicial proceeding.

A) Direct
B) Circumstantial
C) Testimonial
D) Expert

Question 24

Which of the following would be considered a fact witness?

A) A person who saw the crime as it was happening
B) A person who overheard the defendant making statements about his or her involvement in the crime
C) A person who witnessed the defendant leaving the crime scene
D) All of the above

Question 25

A(n) _________________ witness possesses specialized knowledge and expertise that is not commonly possessed by the average person.

A) lay
B) expert
C) professional
D) fact

Question 26

Which of the following witnesses do not testify about facts of the case?

A) An expert witness
B) A fact witness
C) A character witness
D) All of the above testify to facts of the case.

Question 27

Real evidence differs from testimonial evidence in that real evidence:

A) Is physical evidence
B) Is evidence that can be seen, felt, or smelled
C) Must be authenticated by a witness who testifies to the genuineness of the evidence
D) All of the above are correct.

Question 28

At Mary's criminal trial, Jim testifies that he heard Mary threaten to kill Bob, the victim. What type of evidence is Jim offering at trial?

A) Testimonial evidence
B) Real evidence
C) Circumstantial evidence
D) Both a and c

Question 29

A criminal conviction may be based on what type of evidence?

A) Direct evidence
B) Circumstantial evidence
C) A combination of direct and circumstantial evidence
D) A criminal conviction may be based on all of the above.

Question 30

Which of the following statements is true?

A) Real evidence can be documentary or demonstrative.
B) Real evidence can be real-testimonial evidence.
C) Real evidence is oral and given under oath or affirmation
D) Both a and b are true.

Question 31

Which of the following is a reason why the parties to a criminal case might enter into a stipulation?

A) By agreeing on certain facts, the parties avoid wasting time.
B) One side knows that the other party can easily establish a fact.
C) A defense attorney may want to avoid facts that may prejudice the jury against the defendant.
D) All of the above are reasons why the parties to a criminal case might enter into a stipulation.

Question 32

__________ is a voluntary agreement between opposing parties in a trial to accept a fact as true for the purposes of trial.

A) A stipulation
B) Judicial notice
C) A presumption
D) Finding of guilt

Question 33

______________ allows a judge to recognize a fact as true without the need to hear from a witness or view an exhibit.

A) A stipulation
B) Judicial notice
C) A presumption
D) Finding of guilt

Question 34

Which of the following statements is incorrect?

A) Not all states have statutes that permit judicial notice of facts.
B) Federal Rule of Evidence 201 governs judicial notice of an adjudicative fact.
C) Under the Federal Rules of Evidence, judicial notice can be discretionary or mandatory.
D) Judicial notice may be taken at any stage during a criminal proceeding.

Question 35

An example of facts within common knowledge is:

A) Beer is an intoxicant.
B) The defendant is a drug addict.
C) A county medical examiner is qualified to testify as an expert.
D) Eye-witness testimony is undisputable and reliable evidence.

Question 36

Why should judicial notice be used with caution?

A) The fact noticed may later be proven to be incorrect.
B) Judicial notice of a fact alleviates some of the prosecution's burden to prove the defendant's guilt beyond a reasonable doubt.
C) Judicial notice may be mistaken by the jury for an admission of guilt.
D) Judicial notice may mislead the jury into thinking that there are no adjudicative facts.

Question 37

What are the two categories of presumptions?

A) Conclusive and rebuttable
B) Conclusive and irrebuttable
C) Rebuttable and permissive
D) Conclusive and inferred

Question 38

Which of the following statements is true?

A) For a conclusive presumption, the judge instructs the jury that, if they believe the basic fact has been established, they are not required to accept that proof of the basic fact establishes the presumed fact.
B) For a rebuttable presumption, the judge instructs the jurors that, if they believe the basic fact, they are required to accept the presumed fact.
C) A conclusive presumption requires that proof of a basis fact establishes the presumed fact.
D) A conclusive presumption permits but does not require the jury to infer the presumed fact from the basic fact.

Question 39

Which of the following accurately reflect why presumptions are part of the criminal trial process?

A) Use of presumptions delays trials as it makes it harder to establish a fact or element of the crime.
B) Use of presumptions is contrary to desirable social policy.
C) Use of presumptions aids a party who lacks access to information by placing the burden of producing evidence on the more informed party.
D) Use of presumptions hinders the jury's decision-making ability.

Question 40

A single piece of evidence is required to establish a material fact on its own.

Question 41

All material evidence is relevant.

Question 42

Federal Evidence Rule 403 gives the judge limited discretion to admit or exclude evidence.

Question 43

Photographs of the body of a murder victim are considered prejudicial and, as such, are inadmissible in the defendant's trial.

Question 44

Some evidence is specifically excluded from trial by law (statute).

Question 45

A judge's decision to admit or exclude evidence under Rule 403 can be easily overturned on appeal.

Question 46

Evidence that the defendant was with the victim on the night of the murder is an example of relevant evidence.

Question 47

Bad logic prejudice happens when a jury disregards the evidence and convicts the defendant based on a factor that is only marginally relevant or is irrelevant to the case.

Question 48

Misleading evidence is another name for confusing evidence.

Question 49

Real evidence is evidence that you can touch, feel, or smell.

Question 50

Testimonial evidence applies only to evidence that is presented orally and under oath or affirmation.

Question 51

Circumstantial evidence is said to establish fact in a roundabout fashion

Question 52

Evidence that the defendant's DNA was found at the crime scene is an example of real evidence.

Question 53

A written confession is an example of documentary evidence.

Question 54

Re-creating the crime scene during a criminal trial is an example of documentary evidence.

Question 55

A presumption is the same as an inference.

Question 56

A judge can ignore a request to take judicial notice even if he request meets the criteria stated in Rule 201.

Question 57

A judge's personal experience or expertise can serve as his or her sole basis for taking judicial notice.

Question 58

Significant historical figures and events are considered facts within common knowledge and can be judicially noticed.

Question 59

A jury must accept a judicially noted fact as true.

Question 60

Explain what is meant by the requirement that evidence must be material and have probative value in order to be relevant.

Question 61

The prosecution wants to introduce photographs of the murder scene into evidence at trial. What tests would the judge conduct to determine if the pictures should be admitted as relevant evidence?

Question 62

John witnessed the murder of Ben and was able to identify the gun that the defendant used to shoot Ben. What types of evidence can John contribute to the prosecution's case?

Question 63

What types of demonstrative evidence might a lawyer use to help the trier of fact understand the facts involved in the case?

Question 64

Explain the difference between a conclusive presumption and a rebuttable presumption.

Question 65

Explain the importance of admitting only evidence that is relevant into a criminal trial.

Question 66

Under what circumstances does a judge have discretion to exclude relevant evidence under Rule 403?

Question 67

Explain the process for judicial notice of an adjudicative fact and the impact judicial notice has on the prosecutor's burden of proof and on the jury's deliberations.

Question 68

Discuss the interests advanced that motivate judges to encourage parties to enter into stipulations.