Deck 9: Examination of Witnesses

Question 1

Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court?

A) Hearsay
B) First hand
C) Second hand
D) None of the above

Answer 1

First hand

Question 2

There are how many types of witnesses in a criminal court?

A) One
B) Two
C) Three
D) Four

Answer 2

Two

Question 3

Lay witness testimony is generally limited which of the following?

A) Smell
B) Hearing
C) Sight
D) All of the above

Answer 3

All of the above

Question 4

The Federal Rule of Evidence pertaining to opinion testimony by lay witness is:

A) FRE-701
B) FRE-702
C) FRE-703
D) FRE-704

Question 5

Lay witnesses may offer opinion evidence in all but one of the following areas:

A) Handwriting
B) Voice identification
C) Firearms
D) General statement regarding speed of vehicles

Question 6

Judges must determine whether a particular individual possesses the adequate qualifications as well as determining whether expert testimony exists in a certain area consequently, the court will ask how many basic questions:

A) Two
B) Three
C) Four
D) Five

Question 7

A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opinion or otherwise, if:

A) The testimony is based upon some facts or data
B) The testimony is the product of questionable principles and methods
C) The witness has not applied the principles and methods reliably to the case
D) None of the above

Question 8

The testimony of expert witnesses may not invade which of the following issues that the judge or jury is required to decide?

A) Presumptions
B) Stipulations
C) Judicially noted facts
D) All of the above

Question 9

In which of the following court case did the court establish a legal standard when they recognized the difficulty in evaluating new technology and science?

A) Frye v. United States
B) Alford v. United States
C) Pointer v. Texas
D) Wong Sun v. United States

Question 10

There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but one of the following:

A) Level of education
B) Personal wealth
C) Testimony in previous cases
D) All of the above

Question 11

Professional challenges to the methodology or techniques employed may include:

A) Opposing theories
B) Competing technologies
C) Contradictory findings
D) All of the above

Question 12

The first witnesses in a criminal case are called by the:

A) Defense
B) Prosecutor
C) Trial judge
D) Jury

Question 13

When a witness is questioned by the side, which called them to testify this is known as:

A) Cross examination
B) Redirect examination
C) Direct examination
D) All of the above

Question 14

Cross-examination is conducted by opposing counsel. This is done after the conclusion of the direct examination and is usually limited to:

A) Open ended questions
B) Leading questions
C) Coached questions
D) All of the above

Question 15

Either side may impeach a witness, as provided for in which Federal Rule of Evidence?

A) FRE 603
B) FRE 605
C) FRE 607
D) None of the above

Question 16

The demonstration of the veracity of a particular witness is often attempted immediately after:

A) Direct examination
B) Redirect examination
C) Cross examination
D) Recross examination

Question 17

What is the final stage in the examination of witnesses?

A) Recross examination
B) Redirect examination
C) Cross examination
D) None of the above

Question 18

Objections during a trial may be made for which of the following reasons?

A) Substance
B) Form
C) Answer
D) All of the above

Question 19

To demonstrate competency, a witness testifying must be an individual with personal knowledge who has:

A) The ability to independently recollect and communicate the events in question
B) Ability to determine fact from fiction
C) An appreciation of and adherence to the veracity requirement safeguarded by the nature of the U.S. Constitution and the structure of the American judicial system
D) All of the above

Question 20

Evidence referring to supplementary supporting evidence, which tends to strengthen or confirm extant evidence is known as:

A) Scientific evidence
B) Technical evidence
C) Corroborating evidence
D) Relevant evidence

Question 21

Witnesses in American courts are required to have first-hand knowledge of a matter at issue and have the capacity to communicate such knowledge to the court.

Question 22

Generally speaking, there are three types of witnesses in a criminal court.

Question 23

In most cases, police officers also testify as lay witnesses.

Question 24

Expert witnesses are those individuals privy to an event relevant to the issue at hand.

Question 25

Expert witnesses are only allowed in cases in which certain evidence in the case is within the understanding of the average juror.

Question 26

While judges will rule on the admissibility and scope of a particular witness's testimony, it is up to the jury to assign weight and importance of it.

Question 27

Expert witnesses are often utilized in high profile cases.

Question 28

The standard for the introduction of scientific or technical evidence stems from only statutory law.

Question 29

The identity and the background of all expert witnesses need not be shared with opposing counsel.

Question 30

The government is required to present their case in chief demonstrating such prior to the introduction of evidence by the defense.

Question 31

Cross examination is conducted by opposing counsel at the conclusion of direct examination and is usually limited to leading questions.

Question 32

Questions presented during cross-examination are not limited just to those areas which were originally examined during direct.

Question 33

Unlike direct examination, cross-examination is exploratory in nature.

Question 34

Recross-examination is the second stage in the examination of witnesses.

Question 35

Not all evidence must be competent, relevant, and material to the issue at hand.

Question 36

Witness must not only understand the duty to tell the truth, but must also take an____________ to do so.

Question 37

____________ witnesses are those individuals privy to an event relevant to the issue at hand.

Question 38

__________ witnesses are those individuals called to testify about a relevant event based on his/her special knowledge or training.

Question 39

The standard for the introduction of scientific or technical evidence stems from two primary sources, case and ____________ law.

Question 40

In __________ examination of a witness occurs when the side, which called them to testify questions a witness.

Question 41

In _________, the Court formally recognized the importance of the Federal Rules of Evidence and criticized that traditional standard originally enunciated in Frye

Question 42

Cross examination is conducted by opposing counsel at the conclusion of direct examination and is usually limited to __________ questions.

Question 43

____________ examination is the final stage in the examination of witnesses.

Question 44

______________ evidence refers to supplementary of supporting evidence which tends to strengthen or confirm extant evidence.

Question 45

Match up the terminology to the example :

-Corroborating evidence

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 46

Match up the terminology to the example :

-Cross-examination

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 47

Match up the terminology to the example :

-Direct examination

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 48

Match up the terminology to the example :

-Expert witness

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 49

Match up the terminology to the example :

-Lay witness

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 50

Match up the terminology to the example :

-Leading question

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 51

Match up the terminology to the example :

-Objections

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 52

Match up the terminology to the example :

-Recross-examination

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 53

Match up the terminology to the example :

-Redirect

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 54

Match up the terminology to the example :

-Contemporaneous objection rules

A) The prosecutor asked his witness to tell them a summary of what happened.
B) The defense attorney asked the prosecutor's witness a yes or no question.
C) Called to testify, this medical examiner explained how the person died.
D) In addition to the confession, the police also had the defendant's fingerprint at the crime scene.
E) The prosecutor asked a very poignant question regarding a new topic brought up in the redirect examination.
F) The defense attorney claimed the prosecutor asked his witness an improper question, so he advised the court of this.
G) The police officer testified as to what he saw when he arrived on the scene.
H) The defense attorney objected so it would be on the trial record and aid in their appeal process.
I) The prosecutor during cross-examination asked the witness a question in order to get them to admit they knew more than what they said under direct examination
J) The prosecutor asked for more clarification after his witness was cross-examined.

Question 55

Distinguish between a lay witness and an expert witness.

Question 56

What is corroboration? Provide three examples.

Question 57

Objections during criminal trials further the adversarial system and are based on procedural law. Discuss the three areas substantive objections may be raised.

Question 58

The rules of criminal procedure are established to have the prosecution call their witnesses called to testify first in a chronological order based on the timeline of the incident, and having each witness being cross-examined. Create a mini dialogue of the prosecution direct examination, followed by cross examination, and concluding with a redirect. Be sure to including in the example a leading question followed by an objection.

Question 59

Standards for the admissibility of scientific or technical evidence currently have to pass the Daubert test, or some state standard of measure. Explain the Daubert test and the historical predecessor, Frye standard. Conclude as to how these standards are becoming more and more important.