Deck 24: Presentation of Forensic Evidence in Court

Question 1

The Frye decision overturned the Daubert v. Merrill Dow pharmaceutical decision in 1983.

Answer 1

False

Question 2

The major rule of evidence at trial is that all evidence must be relevant and competent in order to be admissible.

Answer 2

True

Question 3

Material means that evidence has something to do with the case being tried at hand.

Answer 3

True

Question 4

Probative value of evidence refers to the fact evidence must be relevant.

Question 5

he Frye standard focused on the relevance of evidence standard more than the general acceptance standard.

Question 6

General acceptance generally means that a specific technique is published in a peer reviewed journal.

Question 7

Daubert v. Merrill Dow used statistical significance as a point to contend a certain drug caused birth defects.

Question 8

The Federal Rules of Evidence are used to determine admissibility of evidence in federal court.

Question 9

The majority of states still use the Frye decision to determine admissibility of evidence in court..

Question 10

The majority of states still use the Daubert decision to determine admissibility of evidence in court.

Question 11

Some states actually treat laboratory reports as business records and admit such evidence as an exception to the hearsay rule.

Question 12

An expert witness must possess a PhD.

Question 13

An auto mechanic who specializes in brake repairs and has extensive trainingcould qualify as an expert witness.

Question 14

A subpoena is an order to cease and desist an action.

Question 15

A subpoena duces tecum is rarely issued to call an expert witness.

Question 16

It is critical that expert witnesses speak in technical and complicated jargon when juries are present to hear their testimony.

Question 17

The trier of fact in a bench trial is a

A) administrative panel
B) judge
C) jury
D) none of the above

Question 18

Two types of examination of witnesses in the courtroom are

A) expert, lay
B) direct, cross
C) voir dire, Fry
D) expert, cross

Question 19

Under what Federal Rule of Evidence are expert witnesses defined?

A) Rule 102
B) Rule 207
C) Rule 702
D) None of the above

Question 20

The two types of witness testimony in court are

A) expert, lay
B) direct, cross
C) voir dire, Fry
D) expert, cross

Question 21

Which of these is NOT a possible test of scientific validity beyond general acceptance.

A) known error rates
B) peer review
C) general acceptance
D) public opinion

Question 22

Which of the following are an example of prejudicial evidence?

A) graphic pictures of an autopsy
B) unnecessarily graphic pictures of a dead victim
C) both of the above
D) neither of the above

Question 23

The amendment that places the most constraints on search and seizure in regards to evidence collection is the _________ amendment.

A) 1^st
B) 2^nd
C) 4^th
D) 7^th

Question 24

A statement made by someone outside of court who is not under oath and is being used to assert the truth in court is known as _____________.

A) gossip
B) hearsay
C) voir dire
D) probative