Deck 4: Hallenges to Admissibility of Evidence

Question 1

Evidence is central to the proving or disproving of a case.

Answer 1

True

Question 2

A motion to exclude cannot be used in both civil and criminal actions.

Answer 2

False

Question 3

An objection is a challenge made to the admissibility of evidence during the trial.

Answer 3

True

Question 4

An important evidentiary rule excludes evidence on the grounds of prejudice, confusion, or waste of time.

Question 5

The test for the above rule is when the evidence's probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues or misleading of jury.

Question 6

An objection to form is challenging the answer to the question asked.

Question 7

A question that leads a witness to a particular answer, or requires the witness to speculate or make assumptions, will not trigger an objection

Question 8

Because objections to form challenge how a question is worded, rephrasing the question may overcome the challenge.

Question 9

A compound question is one that contains two or more questions within it.

Question 10

If no objection is raised and the evidence is not challenged, it may be admitted.

Question 11

A form of objection to evidence after it has already been made and where there was no reasonable opportunity to object to it before it was admitted is called:

A) Motion to exclude
B) Motion to suppress
C) Motion to strike
D) Ex post facto

Question 12

"On that night, you saw the defendant running from that restaurant, didn't you?" This question to a witness could be objected to on the following grounds:

A) Leading question
B) Lacks foundation
C) Best evidence
D) Speculative

Question 13

"Objection, your Honor. Counsel has not shown that this particular witness took these photographs or that they accurately represent this scene." These are grounds for which of the following objection?

A) Leading question
B) Lacks foundation
C) Best Evidence
D) Speculative

Question 14

When an opposing party challenges the answer being called for in a question to a witness, it is called:

A) Objection to Substance
B) Objection to form
C) Objection to relevance
D) Objection to conclusion

Question 15

"Tell us again how many times the defendant struck the victim?" would be an example of the following grounds for objection:

A) Best evidence
B) Relevance
C) Asked and answered
D) Lacks foundation

Question 16

"Objection, your Honor. Counsel is attempting to offer only a copy of a newspaper in order to try and prove authorship of a letter to the editor." These are grounds for which of the following objection?

A) Leading question
B) Lacks foundation
C) Best evidence
D) Speculative

Question 17

"Is it possible that the defendant got into that car by mistake?" This question to a witness could be objected to on the following grounds:

A) Leading question
B) Lacks foundation
C) Best evidence
D) Speculative

Question 18

This is one of most common forms of motions to exclude evidence. It can be filed either before trial or during trial, and allows a trial court to rule on the admissibility of evidence before the evidence is offered. It is often used during trial in an effort to avoid raising excessive objections before the jury.

A) Motion in Limine
B) Motion in Tantum
C) Motion to Suppress
D) Motion to Sever

Question 19

A formal request made of a higher court to review the findings of a lower court for error is called:

A) Appeal
B) Mistrial
C) Motion in Limine
D) Motion to Review

Question 20

Fundamental principle in a criminal action holding that a person has a right to reasonable notice of a charge against him, and an opportunity to be heard in his defense, which includes the right to call witnesses on his behalf and to confront those witnesses against him is called:

A) Fundamental fairness
B) Due process
C) Presumption of Innocence
D) Distributive Justice