Deck 2: Role of Evidence in the Legal Process

Question 1

The U.S. Supreme Court held that the "law requires that a defendant receive a perfect trial, and a fair one."

Answer 1

False

Question 2

The trial judge serves as a referee and a "filter,"
interpreting the evidence rules and deciding what evidence will be admissible and what evidence must be excluded.

Answer 2

True

Question 3

To protect the jury from hearing potentially prejudicial or unreliable evidence, rules do not yet exist to allow a judge to determine certain preliminary questions before the jury hears them.

Answer 3

False

Question 4

A presumption generally requires that the trier of fact accept the presumed fact unless evidence is offered by the opposing party to rebut the presumed fact

Question 5

Presumptions can be conclusive or rebuttable.

Question 6

Courts all agree as to the effect that a presumption must be given in a civil action and the burden it imposes on the party opposing it.

Question 7

The effect of a presumption on the trier of fact will operate even without an appropriate instruction by the trial judge.

Question 8

When a presumption operates against an accused in a criminal action, state courts generally allow, but do not require, the trier of fact to accept a presumed fact if the burden of proof has been met by the prosecution. However, a presumption does not shift to the accused the burden of either producing evidence or of persuading the trier of fact that the presumed fact does not exist.

Question 9

In criminal law, under our system of criminal justice, there is a presumption of innocence; the accused is considered "innocent until proven guilty."
The burden is therefore on the prosecutor to offer sufficient admissible evidence to prove the defendant guilty.

Question 10

A test used in the law to ascertain whether someone has met the burden of persuasion is called the reasonable person test.

Question 11

Congress agreed on three overall purposes for the federal rules of evidence each influenced by public and social policy. These purposes included all of the following except:

A) ensuring fairness
B) eliminating unjustifiable expense and delay
C) promoting growth and development of evidence law
D) excluding any questionably obtained evidence

Question 12

Which of the following statements is not correct?

A) Evidence involves the means by which some fact is offered to prove or disprove an issue in dispute.
B) Proof is the effect that the evidence has on the trier of fact and the conclusion
Drawn from the evidence that has been submitted.
C) Proof is inferred from the evidence submitted.
D) Admissible evidence can be either relevant or irrelevant.

Question 13

Evidenced is classified by its types, forms, and functions, while proof is viewed in terms of its , or "burden" of proving or establishing the requisite degree of belief in the mind of the trier of fact regarding the evidence submitted.

A) onus probandi
B) corpus delicti
C) in flagrant delicto
D) prima burdendi

Question 14

If plaintiff fails to meet burden of production or does not establish a prima facie case, the defendant may file a asking the judge to order a verdict for the defendant because the plaintiff failed to meet his or her burden of production.

A) motion for directed verdict
B) motion in limine
C) motion to suppress
D) motion for verdict

Question 15

All of the following are examples of rebuttable presumptions, except:

A) An accused is innocent until proven guilty.
B) A blood alcohol limit of .08 constitutes driving under the influence.
C) A child under the age of 5 is incapable of forming criminal intent
D) A letter that is properly addressed, stamped and mailed will be delivered.

Question 16

This landmark U.S. Supreme Court decision first established "beyond a reasonable doubt" as a Constitutional requirement in criminal and juvenile cases in this country.

A) Cruzan v. Director, Missouri Department of Health
B) In re Winship
C) Cage v. Louisiana
D) Barnes v. United States

Question 17

In this case, the Supreme Court tackled a very controversial issue of whether a state may require a clear and convincing evidence standard in proceedings where parents seek to terminate life support for their daughter.

A) Cruzan v. Director, Missouri Department of Health
B) In re Winship
C) Cage v. Louisiana
D) Barnes v. United States

Question 18

In this case, when a jury was instructed that reasonable doubt was "an actual substantial doubt," and that what was necessary to convict the defendant was a "moral certainty"
Of his guilt, the Supreme Court held that it allowed a "finding of guilt based on a degree of proof below that required by the Due Process Clause."

A) Cruzan v. Director, Missouri Department of Health
B) In re Winship
C) Cage v. Louisiana
D) Barnes v. United States

Question 19

This is the burden of proof in a criminal action.

A) Preponderance of evidence
B) Beyond a reasonable doubt
C) Probable cause
D) Reasonable cause