Deck 3: Forms of Evidence

Question 1

Evidence is available in many forms, and may be represented by which of the following?

A) Material objects
B) Scientific analysis
C) Eyewitness accounts
D) All of the above

Answer 1

All of the above

Question 2

According to Mueller and Kirkpatrick (2004), there are __________ evaluative schemes in place on the interpretation of the relevance of an item in question.

A) Three
B) Four
C) Five
D) Six

Answer 2

Four

Question 3

Which system of inquiry holds that relevance may only be established in cases in which the inference is more probable than others?

A) Second
B) Third
C) Fifth
D) Sixth

Answer 3

Second

Question 4

Which Federal Rules of Evidence provides a definition of "Relevant Evidence"?

A) Rule 401
B) Rule 402
C) Rule 403
D) Rule 406

Question 5

Which Federal Rules of Evidence provides for the exclusion of relevant evidence if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence?

A) Rule 401
B) Rule 402
C) Rule 403
D) None of the above

Question 6

Real evidence includes which of the following?

A) Physical items
B) Pictures
C) Witness testimony
D) All of the above

Question 7

Evidence which "stands on its face" is called:

A) Real evidence
B) Prima facie evidence
C) Material evidence
D) Circumstantial evidence

Question 8

There are a number of areas in which circumstantial evidence may be used to establish the guilt of the accused. They include all but one of the following:

A) Proof of purchase
B) Proof of means
C) Concealment
D) Modus operandi

Question 9

Means may be established through the demonstration of which of the following, except?

A) Special knowledge
B) Intelligence
C) Access to a weapon
D) Guilty minds

Question 10

Which of the following is one of the most common actions after the commission of the act introduced into the records as circumstantial evidence?

A) Sudden wealth
B) Concealment
C) Flight to avoid prosecution
D) Threatening of witnesses

Question 11

Admissions by conduct are generally admissible under Federal Rule of Evidence 801, which governs the admissibility of hearsay evidence. They include all but one of the following:

A) Adoptive admissions
B) Admissions by silence
C) Non-payment of medical expenses
D) Plea negotiations

Question 12

The state is prohibited from venturing the invocation of the right to an attorney as guaranteed by what Amendment?

A) Second
B) Sixth
C) Seventh
D) Ninth

Question 13

In which case did the Court address the introduction of testimony where a defendant had requested an attorney and had refused to answer the questions officers?

A) Wainwright v Greenfield
B) Smith v Ferguson
C) Wilkes v Johnston
D) Smyth v Carpenter

Question 14

There are some situations that arise in American criminal courts in which the jury is instructed on what to believe and are not free to draw independent inferences. These situations are such that jurors must adopt the statement or evidence as fact. These include:

A) Presumptions
B) Stipulations
C) Judicial notice
D) All of the above

Question 15

A product of an agreement between opposing counsels as to a specific facts of the case is known as:

A) Presumption
B) Stipulations
C) Judicial notice
D) None of the above

Question 16

A conclusion or deduction, which is required by law, is called:

A) Presumption
B) Stipulation
C) Judicial notice
D) None of the above

Question 17

DNA is this type of presumption when determining paternity of a baby:

A) Rebuttable presumption
B) Conclusive presumption
C) Judicial presumption
D) Scientific presumption

Question 18

Judicial notice exists in a climate in which procedural safeguards attempt to ensure fundamental fairness to criminal defendants and is limited to:

A) Facts
B) Opinions
C) Hearsay
D) Laws

Question 19

Matters of law, political facts, and legislative facts are all examples of:

A) Presumptions
B) Inferences
C) Judicial notices
D) Direct evidence

Question 20

Idioms, slang, and body language are all examples of this type of judicial notice:

A) Legislative facts
B) Adjudicative facts
C) Political facts
D) Matters of law

Question 21

Evidence may be defined as any means which seeks to establish or prove the veracity of a fact in question.

Question 22

American law is such that only the jury may consider that matter which is relevant, material, and lawfully collected.

Question 23

The final standard of admissibility of evidence is most consistent with the Federal Rule 401. By far the most stringent, Rule 401 is more likely to result in the admissibility of an item than not.

Question 24

According to FRE602, all relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority.

Question 25

Witness competency is a demonstration that the witness had personal knowledge as required by Rule 602 of the Federal Rules of Evidence.

Question 26

Real evidence is any evidence which may be perceived with one of the five senses. It is the object itself, or a representation, testimonial impression, viewpoint, or expert opinion.

Question 27

Direct evidence is that evidence, material, or information which requires a presumption of evidence that indirectly proves a fact.

Question 28

Under the law, prosecutors bear total obligation or responsibility to prove means, motive, or opportunity in a criminal case.

Question 29

Concealment is one of the most common actions after the commission of the act introduced into the records as circumstantial evidence.

Question 30

Per Rule 404 of the Federal Rules of Evidence, character evidence is admissible for the demonstration of guilt.

Question 31

Until the passage of rape shield laws, victims could be asked questions regarding their sexual history, their sexual preferences, and even sexual activity with their spouses.

Question 32

Battered child syndrome or the past abuse of a child may not be introduced as circumstantial evidence in the murder of a child.

Question 33

Some states have adopted the battered-woman syndrome as a form of a limited affirmative defense in cases where women are accused of the murder or attempted murder of their spouses.

Question 34

The cornerstone of American democracy is the ability to embrace our rights as citizens without fear of reprisal from the state.

Question 35

Due to the lack of evidentiary proof offered, judicially noticed facts are also known as nonevidence facts.

Question 36

___________ may be defined as any means which seeks to establish or prove the veracity of a fact in question.

Question 37

The determination of_____________ is the cornerstone of evidence admissibility.

Question 38

___________ evidence is any evidence which may be perceived with one of the five senses.

Question 39

The United States Constitution requires the ______________ to produce sufficient credible evidence to establish proof of guilt beyond a reasonable doubt.

Question 40

______________ evidence is that evidence, material, or information which requires a presumption or evidence which indirectly proves a fact.

Question 41

___________ evidence is that information, material, or matter which proves a fact without the need for inference or presumption.

Question 42

_____________ is one of the most common actions after the commission of the act introduced into the records as circumstantial evidence.

Question 43

Modus _____________ refers to the "method of operation".

Question 44

In order to sustain a guilty verdict, the state must demonstrate that the accused possessed mens rea or criminal ______________.

Question 45

Criminal ____________ is a necessary element of a crime involving a conscious decision on the part of an individual to engage in an unlawful act and is not the same as a motive.

Question 46

Time cards, cash register receipts, ticket stubs and photographs are all examples of an_________.

Question 47

Under federal law only individuals, in the case of child molestation, under the age of _________ are considered children.

Question 48

Match up the terminology to the definitions :

-Circumstantial evidence

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 49

Match up the terminology to the definitions :

-Direct evidence

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 50

Match up the terminology to the definitions :

-Inferences

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 51

Match up the terminology to the definitions :

-Means

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 52

Match up the terminology to the definitions :

-Motive

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 53

Match up the terminology to the definitions :

-Opportunity

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 54

Match up the terminology to the definitions :

-Real evidence

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 55

Match up the terminology to the definitions :

-Relevancy

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 56

Match up the terminology to the definitions :

-Stipulation

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 57

Match up the terminology to the definitions :

-Materiality

A) The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like
B) Matter, material, or information that requires an inference that indirectly proves or disproves a fact.
C) A set of circumstances which make the offense possible.
D) A requirement for admissibility and it refers to evidence that is logically connected to a fact at issue.
E) Any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable.
F) Any evidence that may be experienced through one of the five senses.
G) Information, material, or matter that proves or disproves a fact without the need for inference or presumption.
H) Reason or circumstance that compels an individual to act.
I) A logical conclusion that the jury may or may not make.
J) A product of an agreement between opposing counsels regarding specific facts of the case.

Question 58

Explain direct and circumstantial evidence and the need for all evidence to be admissible by being relevant, material, and competent.

Question 59

Discuss under which circumstances jurors are not free to draw their own conclusions or inferences and are instructed on how to interpret a particular piece of evidence.

Question 60

Discuss key examples of guilty actions and consciousness of guilt.

Question 61

Discuss some circumstances in which character evidence is admissible.

Question 62

Several infamous cases are available for case study. Choose a notorious case (or the instructor can assign one particular case. Two good examples are the OJ Simpson case or the Scott Peterson case). Discuss the "guilty actions" and "guilty minds" details surrounding the case.