Deck 8: Scientific Evidence and Testing

Question 1

The party bringing the legal action-the plaintiff in a civil case or prosecution in a criminal case-has the responsibility of first calling witnesses and presenting evidence.

Answer 1

True

Question 2

The initial questioning of a witness by the plaintiff or party calling the witness to the stand is called direct examination.

Answer 2

True

Question 3

After a witness has been cross-examined by the opposing party, the original party that called the witness to the stand may not question the witness again.

Answer 3

False

Question 4

Once a witness begins to testify and is examined through questioning by each party, the emphasis shifts from competency to credibility; how believable that witness will be to the trier of fact.

Question 5

Other than certain exceptions for hearsay, witnesses are not required to testify in person.

Question 6

It is the trier of fact who will determine the credibility of a particular witness and how much weight to assign that witness'ss evidence or testimony.

Question 7

In conjunction with the oath or affirmation, witnesses may be subject to criminal perjury charges or contempt of court for testifying untruthfully on the stand.

Question 8

Cross-examination will only question what the witness perceived and can remember and communicate, but not attack the character and credibility of the witness.

Question 9

Although as a general rule, witnesses are expected to provide their testimony in court at the trial, there are exceptions when the witness is unavailable for trial.

Question 10

Witnesses should not be "prepared"
for trial by the side calling them or helped to understand what will be asked on the stand and what the trial process will involve.

Question 11

Restoring credibility of the witness after credibility has been attacked on the stand is called

A) rehabilitation
B) restoration
C) reestablishing credibility
D) re-direct

Question 12

Which of the following is not part of the usual form of questioning for direct examination of a witness?

A) Witness is identified through an introduction.
B) Witness's background and work experience are explored.
C) A foundation is provided showing the connection of the witness and the evidence the witness will provide in the matter at issue.
D) Witness testifies about her knowledge of the matter at issue through a series of short questions designed to elicit specific responses that are relevant to the case.

Question 13

All of the following are exceptions to the general rule that witnesses must testify in court and are acceptable reasons for unavailability:

A) Death
B) Mental incapacity
C) Some child victims of abuse
D) Witness is a convicted felon

Question 14

In questioning a witness who is unable to remember something asked on the stand, it is permissible to jog the memory of that witness by letting the witness refer to a writing or object. This is called:

A) Present memory refreshed
B) Past recollection recorded
C) Leading the witness
D) Rehabilitation

Question 15

All of the following are purposes of cross-examination, except:

A) to test the believability of the witness
B) to discredit the witness
C) to impeach the witness
D) to harass the witness

Question 16

Evidence obtained from outside the courtroom is called

A) Extrinsic evidence
B) Collateral evidence
C) Direct evidence
D) Outside evidence

Question 17

After a witness has been cross-examined by the opposing party, the original party that called the witness to the stand may conduct a reexamination, called:

A) Redirect
B) Recross
C) Rehabilitation
D) Restoration

Question 18

When a witness is unable to refresh her memory by reviewing notes or writing, that witness may not testify, but the document may be read from into evidence. This is called:

A) Present memory refreshed
B) Past recollection recorded
C) Rehabilitation
D) Extrinsic Evidence

Question 19

Questioning of a witness by the opposing party on matters within the scope of the direct examination, usually to discredit the testimony of the witness is called:

A) Direct examination
B) Cross-examination
C) Redirect Examination
D) Recross Examination

Question 20

In this case, the Supreme Court dealt with the issue of whether asking a witness where he lives go beyond the scope of a proper cross-examination.

A) Alford v. United States
B) United States v. Hall
C) In re Gault
D) Munoz v. California