Deck 8: Qualifications and Impeachment of Witnesses

Question 1

Prior to which century did jurors statutorily act as both the triers and the witness of fact?

A) Thirteenth
B) Sixteenth
C) Eighteenth
D) Nineteenth

Answer 1

Sixteenth

Question 2

Which of the following are primary qualifications for witnesses in American courts?

A) Personal knowledge
B) Oath or affirmation
C) Competency
D) All of the above

Answer 2

All of the above

Question 3

Which Federal Rule of Evidence states, "A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony"?

A) FRE 602
B) FRE 603
C) FRE 604
D) FRE 607

Answer 3

FRE 602

Question 4

Which Federal Rule of Evidence provides that, "before testifying, every witness shall be required to declare that the witness testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so"?

A) FRE 601
B) FRE602
C) FRE603
D) FRE605

Question 5

The determination of competency hinges on how many primary considerations? Such characteristics are common in such evaluations.

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

Question 6

In which Court case did the Court examine whether the Confrontation Clause of the 6^th Amendment includes an absolute right to confront one's accuser face to face?

A) Giglio v. United States
B) Brooks v. Tennessee
C) McGautha v. California
D) Maryland v. Craig

Question 7

All defendants have the right to testify in their own behalf as provided by which of the following Amendments?

A) Sixth and Fourteenth
B) First and Fourteenth
C) Fourth and Sixth
D) First and Sixth

Question 8

A defendant's right to testify at any stage of the defense case was firmly established in what year?

A) 1920
B) 1952
C) 1964
D) 1972

Question 9

The importance of truthful testimony did not originate in the United States. One of the oldest and first law noted is:

A) Cannon law
B) Code of Hammurabi
C) Magna Charter
D) Elizabethan

Question 10

The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. They include all but one of the following:

A) Mandatory compulsion of personal appearance at trial
B) Mandatory oaths or affirmations
C) Direct testimony
D) Legal ramifications for dishonesty

Question 11

Which Amendment guarantees defendants the right to confront their accusers?

A) Fourth
B) Fifth
C) Sixth
D) Fourteenth

Question 12

There are how many primary methods of witness impeachment?

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

Question 13

Methods of impeachment include all but one of the following:

A) Character
B) Wealth
C) Bias
D) Immoral Acts

Question 14

Non-specific methods of impeachment include:

A) Sensory and mental capacity
B) Bias/prejudice motivation
C) Truth and veracity challenges
D) All of the above

Question 15

Methods used to attack the competency of the witness through assertions of dishonor or untruthful behavior include which of the following?

A) Uncharged crimes
B) Bad deeds
C) Past convictions in criminal court
D) All of the above

Question 16

Certain actions by the defendant may speak directly to their veracity, and are probative in an evaluation of credibility. Such actions include which of the following?

A) Receiving stolen property
B) Bribery
C) Witness intimidation
D) All of the above

Question 17

With some exception, the Federal Rules of Evidence only provide for the introduction of non-pardoned (or otherwise forgiven) felony convictions of adults within how many years?

A) Three
B) Five
C) Seven
D) Ten

Question 18

Prior to the 15^th Century, jurors statutorily acted as both the triers and witnesses of fact.

Question 19

In Contemporary American court systems, only criminal courts could not operate without them, as a witness must introduce all evidence.

Question 20

Individuals whose knowledge of a criminal act is based on secondary sources of information may be subpoenaed.

Question 21

All individual witnesses must be prepared to issue an oath or affirmation.

Question 22

The most important requirement for witnesses is that of competency.

Question 23

The competency of a witness need not be evaluated on a case-by-case basis.

Question 24

The necessity for voir dire derives primarily from the presumption that children may fail to appreciate the consequences of their testimony and the importance of complete and total disclosure and veracity.

Question 25

The Court has ruled that the Confrontation Clause of the 6^th Amendment does not include an absolute right to a face-to-face confrontation.

Question 26

A subpoena ad testificandum specifically directs the production of documents or materials.

Question 27

Defendants choosing to take the stand cannot be criminally prosecuted for offering untruthful (i.e. perjured) testimony in their defense.

Question 28

In American society, perjury statutes exist only at the state level.

Question 29

Unless stipulated to or judicially noted, jurors are not obligated in any situation to accept facts which are contrary to physical facts, laws of nature, common knowledge, or personal experience.

Question 30

Impeachment may be either non-specific or specific.

Question 31

A witness may not be impeached by a demonstration of bias.

Question 32

There are three primary qualifications for witnesses in American courts: personal knowledge, oath or affirmation, and _________.

Question 33

An individual who witnesses a criminal act may be ___________ if deemed necessary by the state or the defense.

Question 34

Competency is largely defined by ___________ law.

Question 35

Competency is considered through the ability to adhere to the ____________ requirements safeguarded by the spirit of the U.S. Constitution and the structure of the American judicial system.

Question 36

The Court has ruled that the Confrontation Clause of the 6^th Amendment does not include an ______________ right to a face-to-face confrontation.

Question 37

A _____________ duces tecum, specifically directs the production of documents or materials.

Question 38

Individuals who are subpoenaed are legally ordered to comply under penalty of _______________ of court.

Question 39

Defendants do not have the right to introduce __________ or false testimony.

Question 40

The jury may also evaluate the demeanor of the witness during the period of ________ examination. Opposing counsel may also introduce evidence to contradict the sworn testimony.

Question 41

There are __________ ways to challenge the truthfulness of a witness.

Question 42

Match up the terminology to the definitions :

-Affirmation

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 43

Match up the terminology to the definitions :

-Competency

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 44

Match up the terminology to the definitions :

-Compulsory process

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 45

Match up the terminology to the definitions :

-Oath

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 46

Match up the terminology to the definitions :

-Perjury

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 47

Match up the terminology to the definitions :

-Subpoena

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 48

Match up the terminology to the definitions :

-Veracity

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 49

Match up the terminology to the definitions :

-Voir Dire

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 50

Match up the terminology to the definitions :

-Physical facts rule

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 51

Match up the terminology to the definitions :

-Hypnotically refreshed memories

A) A legal provision housed within the 6^th Amendment allowing defendants to compel the presence and testimony of any material witness favorable to his/her case.
B) The offering of untruthful testimony by a person sworn to tell the truth and it is punishable when the untruth relates to material facts of the case.
C) The mental capacity of an individual to participate in a legal proceeding.
D) Means "speak the truth"
E) The notion that something is accurate, truthful, and in accord with facts and reality.
F) The legal process to compel the presence and testimony of any material witness.
G) A formal directive issued from a court commanding a person to appear under penalty if failure to do so.
H) Solemn promise to tell the truth, the whole truth, and nothing but the truth in a court of law.
I) An investigative tool used to identify suspects and clarify details.
J) The legal concept that jurors are not obligated in any situation to accept facts that are contrary to physical facts, laws of nature, or common knowledge.

Question 52

Discuss the three primary qualifications a witness must meet before testifying.

Question 53

Discuss the reasons and methods used to impeach a witness.

Question 54

Competency of a witness is crucial and that factor become even more important when the witness is a child. Judges need to consider and evaluate the child's ability to understand the need for truth and ability to remember and recount the events in question. Find the case Government of the Virgin Islands v. Riley 1991 and summarize this case and the outcome regarding this child as a witness.

Question 55

Pretend you are a defense attorney representing a guilty client. Provide a rationale to your client as to why you would recommend that they plead the Fifth and not take the stand.