Deck 5: Witnesses-Lay and Expert

Question 1

A lawyer is not allowed to use leading questions when attempting to impeach a witness.

Answer 1

False

Question 2

Opinion testimony of a lay witness is never allowed.

Answer 2

False

Question 3

The narrative form of interrogation allows the witness to submit his or her testimony in writing instead of testifying in person.

Answer 3

False

Question 4

If a witness does not appear in accordance with an oral request,a penalty cannot be imposed by the court.

Question 5

All fifty states have passed laws requiring that a witness who attends a criminal trial be compensated.

Question 6

The rule on witnesses applies to all witnesses in a criminal case.

Question 7

The jury is not required to accept the opinion of an expert witness.

Question 8

A law enforcement officer usually falls into the category of a lay witness.

Question 9

A witness is required to have an advanced degree in their field of specialty to qualify as an expert.

Question 10

In order to ensure that a witness appears to testify,most lawyers will compel witnesses' attendance by issuing a subpoena.

Question 11

Few circumstances will excuse a person from attendance as a witness.

Question 12

One of the exceptions to the FRE's prohibition against leading questions is with regards to an adult or child with communication problems.

Question 13

A leading question is the first question asked of a witness on direct or cross examination.

Question 14

The power to compel a witness to attend a trial is based on two clauses appearing in the Fourteenth Amendment.

Question 15

A subpoena issued in California is valid in Arizona.

Question 16

A dislike for a party is an example of provable bias.

Question 17

The reason for segregating or excluding witnesses is to prevent them from hearing each other's testimony.

Question 18

No question may be asked of a witness on cross examination unless the subject has been brought up during direct examination,unless the question relates to witness capacity.

Question 19

A witness must always answer all questions the judge permits.

Question 20

A subpoena duces tecum allows a witness to submit his or her testimony in writing rather than requiring personal appearance at trial.

Question 21

The Rule on Witnesses

A)provides that a witness be compensated for his or her testimony.
B)places a limit on how far a witness by be required to travel in order to testify without being compensated.
C)allows a court to impose sanctions on a subpoenaed witness for non-appearance.
D)excludes witnesses from the courtroom during trial.

Question 22

It is possible for a scientific theory to be used in a trial even if it is generally not accepted by the scientific community.

Question 23

Most courts will not allow the results of a polygraph examination.

Question 24

The burden of proving qualification of an expert witness is on the side opposing the expert.

Question 25

An attorney may refresh the memory of a witness by the use of leading questions.

Question 26

The crimes that can be shown to impeach a witness for bad character for truthfulness include

A)any crime punishable by imprisonment in excess of 6 months.
B)burglary.
C)any crime related to acts against a minor.
D)embezzlement.

Question 27

Factors in evaluating witness capacity do not include

A)memory.
B)narration.
C)education.
D)sincerity.

Question 28

A witness under cross examination who is aligned with the other side is called a

A)lay witness.
B)counter witness.
C)adverse witness.
D)impeachment witness.

Question 29

Modernly,the standard for the trial court's determination of the foundation for expert testimony is established by the:

A)Frye Test.
B)Daubert-Kumbo Test.
C)Voir Dire Test.
D)Relevance Test.

Question 30

A waiver of voir dire precludes that attorney from attacking the witness's qualifications as an expert.

Question 31

The determination whether a person qualifies as an expert witness or not is made by

A)the jury.
B)the judge.
C)other experts in the field.
D)a judge not associated with the trial.

Question 32

The person with special training in courtroom security is the

A)constable.
B)bailiff.
C)court liaison.
D)court clerk.

Question 33

Rule 706 of the FRE allows for a witness to refer to a "writing" during testimony or before testifying in an effort to revive his or her memory.

Question 34

In criminal trials,a lay witness may not express an opinion regarding the state of emotion of the accused.

Question 35

Under Daubert-Kumbo,expert testimony applies to scientific principles but does not extend technical or specialized knowledge.

Question 36

The FRE no longer allows the use of hypothetical questions in examining an expert witness.

Question 37

Blood and DNA typing are scientifically proven facts.

Question 38

Voir Dire refers to:

A)the method of introducing a lay witness's testimony at trial.
B)the process of qualifying a witness as an expert.
C)the standard for admissibility of expert testimony.
D)the method by which a lawyer may compel a witness's testimony.

Question 39

"You witnessed the accident,didn't you?" is an example of a leading question.

Question 40

In order to utilize the testimony of an expert witness

A)the expert witness must be shown to have advanced education in his or her field.
B)the subject matter of the proposed expert's testimony must be scientific.
C)the expert's field requires scientific,technical or specialized knowledge.
D)the expert is required to have at least 10 years of experience in his or her specialized field.

Question 41

A coroner called as an expert witness would most likely offer testimony concerning which of the following?

A)DNA or blood type analysis.
B)examination of hairs and fibers.
C)toxicology.
D)cause of death.

Question 42

What are the possible consequences for failing to honor a subpoena or a subpoena duces tecum?

Question 43

What are the five factors considered in the application of the Daubert-Kumbo Test?

Question 44

Describe three ways in which expert witness's opinions and conclusions may be biased.

Question 45

All of the following are exceptions to the use of leading questions except:

A)with respect to undisputed preliminary or inconsequential matters.
B)with respect to any witness under the age of 18.
C)when laying a necessary foundation under certain circumstances.
D)with respect to an adult witness with communication problems.

Question 46

According to FRE,what exceptions to the rule prohibiting leading questions on direct examination are allowed?

Question 47

An exception to the requirement that a witness must answer all questions is with respect to:

A)leading questions.
B)past recollection recorded.
C)self-incriminating questions.
D)narrative questions.

Question 48

Which of the following is not a method of impeaching a witness?

A)by contradiction.
B)by proof of motive to falsify.
C)by proof of bad character for truthfulness.
D)by proof of past recollection recorded.

Question 49

The Uniform Act to Secure the Attendance of Witnesses permits a court to do all of the following except:

A)require the appearance of an out of state witness to determine whether or not he or she is a material witness.
B)order a witness to appear in the court where an original subpoena was issued if he or she is determined to be a material witness.
C)allow the issuance of a subpoena to an out of state witness and to have the subpoena sent to a court in that state.
D)require the testimony of an out of state witness who is not material.

Question 50

A record of fact prepared or adopted by a witness at one time which cannot presently be remembered is called:

A)past recollection recorded.
B)refreshed recollection.
C)rejuvenated testimony.
D)voir dire testimony.

Question 51

A witness who is an expert in the methodology and paraphernalia involved in the commission of specific crimes is called a:

A)criminalist.
B)crimes expert.
C)forensic scientist.
D)coroner.

Question 52

What are the five basic methods of impeaching a witness?

Question 53

A spectrogram is used in the identification of:

A)voice.
B)footprints.
C)DNA.
D)fingerprints.

Question 54

Describe four specific guidelines for police officer's testimony.

Question 55

What is the Uniform Act to Secure the Attendance of Witnesses and what does it do?

Question 56

If a witness refers to a writing prior to testifying

A)opposing counsel has an absolute right to inspect the writing referred to.
B)opposing counsel may inspect the writing if the court decides that justice requires the party to have that option.
C)opposing counsel may inspect the writing if agreed to by the witness.
D)opposing counsel may not inspect the writing.

Question 57

What three requirements must be satisfied in order to utilize the testimony of an expert witness?

Question 58

All of the following statements are correct with respect to past recollection recorded except:

A)the witness must be shown to have exhausted present recollection by failing to have recollection refreshed.
B)the witness must be in a position to swear that at one time the witness had knowledge of the contents of the writing.
C)the evidence in the form of the writing is not admissible if offered by the adverse party.
D)the writing must have been prepared by the witness,at the witness's direction,or adopted by the witness.

Question 59

When the judge examines a writing in camera it means the writing

A)has been photographed and put into evidence.
B)has been authenticated by a qualified expert.
C)has been admitted into evidence.
D)is viewed privately,in the judge's chambers.

Question 60

The Daubert-Kumbo Test considers all of the following factors except:

A)the particular scientific techniques known or potential rate of error.
B)peer review and publication of the theory or technique.
C)basis of knowledge in developing the theory or technique.
D)testing of the theory or technique.

Question 61

What are some possible consequences of sloppy work by police crime lab technicians?

Question 62

Name five categories of subjects about which a lay witness may testify.