Deck 3: Obtaining and Presentation of Evidence

Question 1

Evidence law does not influence the information gathering process.

Answer 1

False

Question 2

If it is important to the matter at issue, information may not be excluded if it is unreliable, confusing, or prejudicial.

Answer 2

False

Question 3

An eyewitness is the best and most common example of direct evidence.

Answer 3

True

Question 4

Circumstantial evidence proves a disputed fact indirectly by first proving another fact.

Question 5

Judicial notice is not a form of evidence, but serves to save time by accepting well known and commonly accepted facts.

Question 6

A court may not take judicial notice unless requested to by one of the parties.

Question 7

A stipulation does not prevent the agreeing party from contesting the evidence later.

Question 8

Sometimes, in order for one witness to testify, another person must first testify to establish the qualification of the witness to testify about a particular matter.

Question 9

Because evidence has been authenticated does not mean that it will be found credible or reliable by the trier of fact.

Question 10

A general rule holds that there should be as few persons as possible that have custody of evidence and those who do must be identifiable or explained in foundation.

Question 11

Which of the following is not a basic form of evidence?

A) testimonial
B) physical
C) documentary
D) demonstrative
E) explanatory

Question 12

All of the following are examples of circumstantial evidence, except:

A) fingerprint
B) blood
C) murder weapon
D) eyewitness

Question 13

A diagram of an accident scene is an example of evidence.

A) testimonial
B) physical
C) documentary
D) demonstrative

Question 14

A motion to dismiss a case because evidence favorable to the accused has been suppressed by the State, either willfully or inadvertently; resulting in prejudice to the defendant.

A) Brady Motion
B) Motion in Limine
C) Motion to Suppress
D) Exclusionary Rule

Question 15

This is the most common form of evidence and it is also used to as a foundation for or to explain most of the other forms of evidence.

A) testimonial
B) physical
C) documentary
D) demonstrative

Question 16

This kind of evidence tends to clear a party of blame or guilt.

A) Exculpatory
B) Inculpatory
C) Corpus Delicti
D) Actus Reus

Question 17

This is the means for verifying the authenticity and legal integrity of evidence by establishing where the evidence has been and who handled it prior to trial

A) Conditional relevance
B) Chain of custody
C) Evidentiary links
D) Foundational evidence

Question 18

A series of written questions, answered under oath, sent to a witness or party by an opposing party, to help facilitate the gathering of information and evidence in preparation for a case is called:

A) Production
B) Deposition
C) Interrogatories
D) Subpoena duces tecum

Question 19

Where information about a legal action is gathered by questioning witnesses or parties outside of the courtroom, but under oath and with a court reporter present to record the testimony, it is called:

A) Discovery
B) Deposition
C) Interrogatories
D) Subpoena duces tecum

Question 20

When a judge recognizes and accepts a certain fact that is commonly known in the community or capable of accurate and ready determination, it is called:

A) Conditional Relevance
B) Judge's Prerogative
C) Judicial Notice
D) Evidence in Common