Question 1

The 1670 jury trial of ____________ in England was an important milestone in establishing the independence of juries from influence by the government.

Accepted Answer

The 1670 jury trial mentioned in the question is known as the trial of William Penn, who was a Quaker and founder of Pennsylvania. Penn was accused of preaching an illegal religion in public, and his trial is significant because it established the principle of jury nullification - the right of the jury to acquit a defendant even if the evidence proves guilt - and reinforced the idea that juries should not be influenced by the government.

Question 2

In general, to be deemed a competent witness, the witness must, among other things,

Accepted Answer

To be a competent witness, the witness must have personal knowledge of the matters at issue. This means they must have firsthand knowledge of the events or circumstances in question. The other options, being 21 years of age or older or having a certain level of education, are not requirements for competency as a witness. While it is ideal for a witness to not be biased, it is not necessarily a requirement for competency.

Question 3

An ordinary witness may give an opinion about

Accepted Answer

An ordinary witness may give an opinion about things which are in the common knowledge of most people, such as the weather or a person's demeanor.

Question 4

If a party believes that a question posed by the opponent is improper, that party must make a/n ____________ to that question.

Accepted Answer

The correct term is objection. If a party believes that a question is improper or violates the rules of evidence, they can object to the question. The judge will then make a ruling on whether or not the question can be asked or if it must be rephrased.

Question 5

Expert testimony based on handwriting analysis is generally ___________in both federal and state courts under Federal Rules of Evidence 702 and similar state rules

Accepted Answer

Handwriting analysis expert testimony is admissible in both federal and state courts under Federal Rules of Evidence 702 and similar state rules, as long as the proponent of the evidence can establish the reliability and relevance of the methods and principles underlying the analysis. However, courts also emphasize the need for caution and scrutiny in evaluating expert testimony in this area.

Question 6

The trial judge determines the _____________ of a witness.

Accepted Answer

The trial judge determines the competence of a witness, which means their ability to testify in court and their understanding of the importance of telling the truth. Recross, redirect, and didactic are all terms related to cross-examination and are not directly related to the judge's role in determining witness competence.

Question 7

Defendants who decide to testify at their trial

Accepted Answer

Defendants who decide to testify at their trial may be subject to cross-examination by the prosecutor. This means that the prosecutor can ask them questions about their testimony, as well as any other relevant information that could impact the case. It is important to note that if a defendant does testify, they must tell the truth under penalty of perjury, which means that they could face criminal charges if they are found to have lied on the stand.

Question 8

After a witness is subject to cross-examination, the party that called them originally may ask further questions under ____________ examination.

Accepted Answer

After being cross-examined, the party that originally called the witness can ask further questions to clarify or rebut points that were raised during cross-examination. This is known as redirect examination. In contrast, recross examination refers to when the opposing party gets to ask follow-up questions after redirect examination. Following examination and didactic examination are not legal terms used in this context.

Question 9

As fact finders, the jury determines whether sufficient ___________exists to justify a verdict of guilty.

Accepted Answer

The jury's role as fact finders involves evaluating the evidence presented and determining whether it is sufficient to establish guilt beyond a reasonable doubt.

Question 10

A criminal defendant's right to compel the appearance of witnesses at trial is found in the __________ Amendment.

Accepted Answer

The Sixth Amendment to the US Constitution guarantees a criminal defendant's right to compel the appearance of witnesses at trial. The other Amendments listed do not specifically address this right.

Question 11

Adult witnesses are

Accepted Answer

Adult witnesses are generally presumed to be competent unless there is evidence to suggest otherwise. Competency can be challenged through voir dire, but it is not automatically assumed that an adult witness is incompetent.

Question 12

As fact finders, the jury alone determines the ______ given to all evidence.

Accepted Answer

The weight given to evidence refers to its importance and relevance in the case. The jury decides how much weight to give to each piece of evidence in order to reach a verdict.

Question 13

By using_______________, "the cross-examiner intends to afford the jury a basis to infer that the witness' character is such that he would be less likely than the average trustworthy citizen to be truthful in his testimony."

Accepted Answer

Impeachment is a technique used by the cross-examiner to challenge the credibility of a witness in order to suggest to the jury that the witness may not be trustworthy. This can be done by introducing evidence of prior inconsistent statements or showing bias, interest, or other factors that may affect the witness's testimony. The ultimate goal is to persuade the jury that the witness is not reliable and that his or her testimony should not be believed.

Question 14

A criminal defendant's right to confront and cross-examine witnesses is found in the __________ Amendment.

Accepted Answer

The right to confront and cross-examine witnesses is guaranteed by the Sixth Amendment of the United States Constitution. This amendment also protects the rights of the accused to a speedy and public trial, a neutral jury, and the assistance of counsel.

Question 15

In general, only ____________ witnesses may testify as to their opinions or conclusions.

Accepted Answer

Expert witnesses are the only witnesses who may testify as to their opinions or conclusions, based on their specialized knowledge, training, education, or experience. Ordinary witnesses are only allowed to testify about facts within their personal knowledge, while prosecution and defense refer to the parties in a criminal trial, not the type of witness.

Question 16

To be deemed a competent witness, the witness must have the capacity to

Accepted Answer

To be deemed a competent witness, the witness must have the capacity to observe, remember, narrate, and understand the obligation to be truthful. Speaking English or being a citizen of the United States are not necessary qualifications, and while being able to read and write may be helpful, it is not a requirement for competency.

Question 17

Questioning of a witness by the opponent of the party that called that witness is called ____________-examination.

Accepted Answer

Cross-examination is the questioning of a witness by the opposing party or their attorney in a legal proceeding. This is done to test the witness's credibility and to gain more information that may contradict or weaken the witness's testimony. Didact, critical, and skeptical are not terms commonly used to describe this process.

Question 18

A subpoena duces tecum is a subpoena that orders the person to

Accepted Answer

A subpoena duces tecum orders the person to bring certain items or records with them to court.

Question 19

Questioning of a witness by the party that called that witness is called ____________ examination.

Accepted Answer

Direct examination is the questioning of a witness by the party that called them to testify. This is often used to elicit facts or information that supports the case of the party conducting the examination.

Question 20

Children may testify only if

Accepted Answer

The age of a child is not the only factor when determining whether they can testify in court. A judge must first conduct a voir dire, or questioning of the child, to determine if they understand the obligation to tell the truth. Therefore, option C is the best choice as it includes the requirement of a voir dire.

Quiz 5: Witnesses and the Testimony of Witnesses