Deck 5: Witnesses and the Testimony of Witnesses

Question 1

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

A)Benjamin Franklin.
B)Sir Walter Raleigh
C)Robert Palmer
D)William Penn

Answer 1

D

Question 2

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

A)have personal knowledge of the matters.
B)be 21 years of age or older.
C)have at least a sixth grade education.
D)not be biased about the case.

Answer 2

A

Question 3

An ordinary witness may give an opinion about

A)things which are in the common knowledge of most people.
B)things they have been told by another
C)their own competence to be a witness.
D)whether their testimony is relevant.

Answer 3

A

Question 4

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

A)exception
B)objection
C)proposition
D)request to omit

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

A)inadmissible
B)excluded
C)subjective
D)admissible

Question 6

The trial judge determines the _____________ of a witness.

A)recross
B)competence
C)redirect
D)didactic

Question 7

Defendants who decide to testify at their trial

A)may not be cross-examined because they have a privilege against self-incrimination.
B)may not be prosecuted for perjury even if they lie.
C)may be cross-examined.
D)do not have to take an oath to tell the truth.

Question 8

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

A)recross
B)following
C)redirect
D)didactic

Question 9

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

A)evidence
B)convincing
C)bias
D)objectivity

Question 10

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

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 11

Adult witnesses are

A)presumed incompetent unless shown to be competent.
B)presumed competent unless shown to be incompetent.
C)always subjected to voir dire before being allowed to testify.
D)presumed competent if they are at least 21 years of age.

Question 12

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

A)exceptions
B)legality
C)weight
D)sequence

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."

A)evidence
B)convincing
C)impeachment
D)objectivity

Question 14

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

A)Fourth
B)Fifth
C)Sixth
D)Seventh

Question 15

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

A)ordinary
B)expert
C)prosecution
D)defense

Question 16

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

A)speak the English language.
B)observe, remember, narrate, and understand the obligation to be truthful.
C)be a citizen of the United States.
D)be capable of reading and writing in any language.

Question 17

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

A)cross
B)didact
C)critical
D)skeptical

Question 18

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

A)bring certain items or records with them to court.
B)appear with an attorney.
C)waive their privilege against self-incrimination.
D)not discuss their testimony with anyone.

Question 19

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

A)cross
B)central
C)straight
D)direct

Question 20

Children may testify only if

A)they are a minimum of ten years of age.
B)a psychologist testifies that they are aware of the obligation to tell the truth.
C)the judge allows them to testify after the child is questioned (voir dire).
D)they have competed the first grade.

Question 21

Upon being called as a witness, a witness will first be subject to direct examination by the party that called them.

Question 22

Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a competent witness.

Question 23

If a party does not want a witness to answer a question, that party must object to the question.

Question 24

Under the Sixth Amendment, a defendant who lies on the witness stand cannot be prosecuted for perjury.

Question 25

Adult witnesses are presumed to be competent witnesses.

Question 26

Many jurisdictions have set up special procedures to protect child victims who testify at the trial of their alleged abuser.

Question 27

The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions.

Question 28

In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury.

Question 29

At common law, no child under the age of fourteen was eligible or competent to testify as a witness.

Question 30

One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased judges

Question 31

The first witnesses to testify in a criminal case are prosecution witnesses.

Question 32

In a jury trial, it is the province of the jury to determine the credibility of the witnesses and the weight to be given to their testimony.

Question 33

After direct examination, a witness is subject to cross-examination by the opposing party.

Question 34

The term "demeanor of a witness" refers to the conduct and/or appearance of a witness while testifying.

Question 35

A police officer can never be an expert witness.

Question 36

Voir dire is a French term meaning to incriminate oneself.

Question 37

Defendants who testify at their criminal trial may not be cross-examined by the prosecution.

Question 38

The right to subpoena witnesses is found in the Sixth Amendment.

Question 39

The privilege against self-incrimination gives the defendant a right to testify at his or her trial.

Question 40

The right to confront and cross-examine witnesses is found in the Fifth Amendment.

Question 41

List the three elements that all evidence must be in order to be allowed into a trial.

Question 42

Children and other witnesses whose competence is questioned will usually be subjected to a(n) ____________ examination.

Question 43

The use of falsehoods to ___________ key witnesses can reverse a conviction on
Appeal

Question 44

Discuss the objections which attorneys may make to both questions and answers directed to witnesses in a criminal trial.

Question 45

To be deemed a competent witness, the witness must generally have ____________ knowledge of the matters to which they testify.

Question 46

In a jury trial, it is the duty of the ____________ to assess the credibility of the witnesses and the weight to be given to the testimony.

Question 47

To be admissible, testimony must be relevant, competent, and ____________.

Question 48

Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions.Be sure to provide examples.

Question 49

Defendants who testify at their trial waive their ____________ against self-incrimination.

Question 50

The conduct or attitude of a witness is called their "_____________."

Question 51

The first line of defense an opposing party seeks to use is _______________

Question 52

Under the Sixth Amendment, the defendant has a right to ____________ and cross-examine witnesses.

Question 53

A subpoena duces ____________ commands a witness to appear and bring certain things with them.

Question 54

What are the three basic requirements for a person to qualify as a competent witness? Be sure to provide examples.

Question 55

Describe and discuss the Sixth Amendment rights of defendants with regard to witnesses.

Question 56

A defendant's right to testify does not include the right to commit ____________.

Question 57

Voir dire is a French term that means "to speak the _____________."

Question 58

Adults are generally ___________ to be competent witnesses.

Question 59

___________ means implanting false memories

Question 60

In ____________ v.Arkansas, the U.S.Supreme Court dealt with the admissibility of hypnotically refreshed testimony.

Question 61

Discuss the purposes of redirect examination.

Question 62

Discuss the functions of impeaching a witnesses' testimony.

Question 63

List the objections to the form of the questions asked in a trial.