Deck 16: Rules of Evidence

Question 1

What type of evidence is indirect evidence that provides the jury with information from which inferences may be drawn?

A) Direct evidence
B) Documentary evidence
C) Demonstrative evidence
D) Circumstantial evidence

Answer 1

D

Question 2

A person is competent to testify when:

A) the court says the person is competent.
B) the parties agree.
C) the attorneys agree.
D) None of the above

Answer 2

D

Question 3

Direct evidence is:

A) always required at trial.
B) sometimes required at trial.
C) evidence that actually proves a point.
D) circumstantial in nature.
E) All of the above

Answer 3

C

Question 4

Evidence is relevant when:

A) it clearly proves guilt or innocence.
B) it has a tendency to make the existence of any fact of consequence more probable.
C) it creates inferences.
D) it does not come from hearsay.
E) None of the above

Question 5

The most common attributes used to discredit a witness are:

A) personal bias.
B) prior inconsistent statements.
C) prior convictions.
D) character for untruthfulness.
E) All of the above

Question 6

Which of the following is a common attribute used to discredit a witness?

A) Personal bias
B) Prior convictions
C) Prior inconsistent statements
D) All of the above

Question 7

Under the Federal Rules of Evidence, which rule governs the general definition of hearsay?

A) Rule 401
B) Rule 402
C) Rule 801
D) Rule 901

Question 8

Which of the following are types of exhibits?

A) Documentary evidence
B) Actual evidence
C) Demonstrative evidence
D) All of the above
E) None of the above

Question 9

What type of evidence is acknowledgement by the court of certain geographical statistics?

A) Judicial notice
B) Testimony of a witness
C) Exhibits
D) Stipulated facts

Question 10

What type of evidence is testimony by an eyewitness?

A) Direct evidence
B) Documentary evidence
C) Demonstrative evidence
D) Circumstantial evidence

Question 11

Hearsay is only admissible when:

A) two or more persons heard the statement.
B) the witness is credible.
C) the prosecutor asks the court to allow the statements.
D) there were no exigent circumstances.
E) None of the above

Question 12

What type of witness is a person who gives testimony about a subject of which the witness has personal knowledge?

A) Expert witness
B) Lay witness
C) Hostile witness
D) Friendly witness

Question 13

What type of evidence, such as diagrams and photographs, is created for use in court?

A) Actual evidence
B) Documentary evidence
C) Demonstrative evidence
D) Real evidence

Question 14

Circumstantial evidence is a form of evidence that is:

A) non-hearsay.
B) indirect.
C) a logical conclusion.
D) Both a and b
E) All of the above

Question 15

A lay witness may testify about:

A) something he or she heard.
B) something he or she saw.
C) conclusions of law.
D) Both a and b
E) All of the above

Question 16

Which of the following is not an exception to the hearsay rule?

A) Excited utterance
B) Statements for purposes of medical diagnosis or treatment
C) Exigent circumstances
D) Present sense impression

Question 17

Which of the following are not types of evidence?

A) Judicial notice
B) Testimony of a witness
C) Exhibits
D) Stipulated facts
E) None of the above

Question 18

Under the Federal Rules of Evidence, which rule defines relevant evidence and states that "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"?

A) Rule 401
B) Rule 801
C) Rule 802
D) Rule 901

Question 19

What type of evidence, often gathering during discovery, includes writings such as reports, business records, and correspondence?

A) Actual evidence
B) Documentary evidence
C) Demonstrative evidence
D) Real evidence

Question 20

To impeach a witness means:

A) to strike all his testimony.
B) to remove him from the witness box.
C) to hold him in contempt.
D) to call into question his credibility.
E) None of the above

Question 21

Judicial notice is sometimes taken when the court believes that the information is common knowledge.

Question 22

All relevant evidence is admissible.

Question 23

A chart that depicts an intersection and location of vehicles in an automobile negligence case is an example of __________ evidence.

Question 24

Actual evidence might include the weapon used in a crime.

Question 25

An inference is a logical conclusion of a fact that is not supported by direct evidence.

Question 26

There are four types of witnesses.

Question 27

An expert witness is a person who gives testimony about a subject of which the witness has personal knowledge.

Question 28

All states have adopted the Federal Rules of Evidence.

Question 29

There are two basic types of evidence.

Question 30

Hearsay is admissible as long as the truth of the statement can be determined.

Question 31

A revolver recovered by the police that is introduced during a murder trial is an example of __________ evidence.

Question 32

Hearsay is never admissible evidence.

Question 33

There are four basic types of evidence: the testimony of a witness, exhibits, facts that the attorneys have stipulated, and judicial notice.

Question 34

The standard by which testimony or physical evidence is evaluated to determine whether the evidence tends to prove or disprove a fact of consequence is ________.

Question 35

Showing personal bias is one method to attack the credibility of a witness.

Question 36

Impeachment is a tool used to attack the credibility of a witness.

Question 37

Circumstantial evidence provides the jury with information from which _______ may be drawn.

Question 38

Impeachment is the tool used to attack a witness's credibility.

Question 39

Evidence is either direct or circumstantial.

Question 40

The most common attributes used to discredit a witness are the following are: 1) personal bias; 2) prior inconsistent statements; 3) character for untruthfulness; and 4) prior _________.

Question 41

What are methods used to attack the credibility of a witness?

Question 42

Hearsay is a(n) ______ statement offered in evidence to prove the truth of the matter asserted.

Question 43

A common tool used to attack the credibility of a witness is ________.

Question 44

Which types of witnesses add more value to a case: lay witnesses or expert witnesses? Does it make a difference on the type of case? If so, in which types of cases are expert witnesses more valuable?

Question 45

Why is hearsay evidence generally not admissible?

Question 46

The basic types of evidence are judicial notice, testimony of a witness, _______, and stipulated facts.

Question 47

Among the four types of evidence, which type of evidence is most convincing to a jury?

Question 48

Explain the four types of evidence.

Question 49

Martha saw a woman slip and fall at a grocery store. Martha testified what she saw in court for the plaintiff. Martha is a(n) __________ witness.

Question 50

A(n) _________ witness is a person who, because of special qualifications, testifies about conclusions that may be drawn based on his or her expertise.