Question 1

Circumstantial evidence is a form of evidence that is:&#10;A) non-hearsay&#10;B) indirect&#10;C) a logical conclusion&#10;D) a and b&#10;E) all of the above

Accepted Answer

Circumstantial evidence is indirect evidence that implies a fact or event without directly proving it.

Question 2

There are two basic types of evidence.

Accepted Answer

There are multiple types of evidence, including but not limited to, direct, circumstantial, physical, and testimonial evidence.

Question 3

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

Accepted Answer

Judicial notice is a doctrine that allows a court to accept a fact as true without requiring formal proof. It is typically used for information that is generally known or is capable of verification by a reliable source. Therefore, if the court believes that the information is common knowledge, judicial notice can be taken.

Question 4

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

Accepted Answer

Impeachment is the process of discrediting a witness by showing that they have a motive to lie or have given contradictory or unreliable testimony. Thus, impeachment is used to attack a witness's credibility.

Question 5

Which of the following are types of exhibits?&#10;A) documentary evidence&#10;B) actual evidence&#10;C) demonstrative evidence&#10;D) all of the above&#10;E) none of the above

Accepted Answer

Documentary evidence refers to written or recorded physical evidence, such as contracts, letters, or emails. Actual evidence is tangible physical evidence, such as weapons, clothing, or drugs. Demonstrative evidence refers to visual aids, models, or diagrams used to illustrate or explain evidence. Thus, all three types of evidence (documentary, actual, and demonstrative) are types of exhibits.

Question 6

Evidence is relevant when&#10;A) it clearly proves guilt or innocence&#10;B) it has a tendency to make the existence of any fact of consequence more probable&#10;C) it creates inferences&#10;D) it does not come from hearsay&#10;E) none of the above

Accepted Answer

Evidence is relevant if it has a tendency to make the existence of any fact of consequence more probable. Evidence doesn't necessarily have to clearly prove guilt or innocence, it just needs to be related to the facts of the case and be more than just hearsay. Evidence can also create inferences, but this is not the sole criteria for relevance.

Question 7

A person is competent to testify when&#10;A) the court says the person is competent&#10;B) the parties agree&#10;C) the attorneys agree&#10;D) a and c&#10;E) none of the above

Accepted Answer

The answer of A person is competent to testify when&#10;A)...

Question 8

Hearsay is never admissible evidence.

Accepted Answer

Hearsay can be admissible in certain circumstances such as if it falls under a hearsay exception or if it is considered non-hearsay. However, as a general rule, hearsay is not admissible.

Question 9

Direct evidence is:&#10;A) always required at trial&#10;B) sometimes required at trial&#10;C) evidence that actually proves a point&#10;D) circumstantial in nature&#10;E) all of the above

Accepted Answer

Direct evidence is evidence that directly proves a point, as opposed to circumstantial evidence, which requires an inference to be drawn. It is not always required at trial, and direct evidence may be presented alongside circumstantial evidence.

Question 10

The most common attributes used to discredit a witness are:&#10;A) personal bias&#10;B) prior inconsistent statements&#10;C) prior convictions&#10;D) character for untruthfulness&#10;E) all of the above

Accepted Answer

All of the above attributes are commonly used to discredit a witness in a trial. Personal bias and prior inconsistent statements can suggest that the witness may not be reliable or truthful. Prior convictions can indicate a lack of credibility, while a witness's general character for untruthfulness can further damage their credibility.

Question 11

To impeach a witness means&#10;A) to strike all his testimony&#10;B) to remove him from the witness box&#10;C) to hold him in contempt&#10;D) to call into question his credibility&#10;E) nonel of the above

Accepted Answer

The answer of To impeach a witness means&#10;A) to strike...

Question 12

Actual evidence might include the weapon used in a crime.

Accepted Answer

The answer of Actual evidence might include the weapon used...

Question 13

A lay witness may testify about&#10;A) something he or she heard&#10;B) something he or she saw&#10;C) conclusions of law&#10;D) a and b&#10;E) all of the above

Accepted Answer

The answer of A lay witness may testify about&#10;A) something...

Question 14

Evidence is either direct or circumstantial.

Accepted Answer

The answer of Evidence is either direct or circumstantial....

Question 15

Which of the following are not types of evidence?&#10;A) judicial notice&#10;B) testimony of a witness&#10;C) exhibits&#10;D) stipulated facts&#10;E) none of the above

Accepted Answer

The answer of Which of the following are not types...

Question 16

Hearsay is admissible as long as the truth of the statement can be determined.&#10;Multiple Choice

Accepted Answer

The answer of Hearsay is admissible as long as the...

Question 17

Hearsay is only admissible when&#10;A) two or more persons heard the statement&#10;B) the witness is credible&#10;C) the prosecutor asks the court to allow the statements&#10;D) there were no exigent circumstances&#10;E) none of the above

Accepted Answer

The answer of Hearsay is only admissible when&#10;A) two or...

Question 18

All states have adopted the Federal Rules of Evidence.

Accepted Answer

The answer of All states have adopted the Federal Rules...

Question 19

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

Accepted Answer

The answer of An inference is a logical conclusion of...

Question 20

There are four types of witnesses.

Accepted Answer

The answer of There are four types of witnesses....

Deck 16: Rules of Evidence