Question 1

Evidence is available in many forms, and may be represented by which of the following?

Accepted Answer

Evidence can come in various forms including material objects, scientific analysis, and eyewitness accounts, making all the options correct representations of evidence.

Question 2

According to Mueller and Kirkpatrick (2004), there are __________ evaluative schemes in place on the interpretation of the relevance of an item in question.

Accepted Answer

Mueller and Kirkpatrick (2004) discuss four evaluative schemes that influence the interpretation of the relevance of an item in question. These schemes are used to assess how relevant a piece of information is in a given context.

Question 3

Which system of inquiry holds that relevance may only be established in cases in which the inference is more probable than others?

Accepted Answer

A

Question 4

Which Federal Rules of Evidence provides a definition of "Relevant Evidence"?

Accepted Answer

Rule 401 of the Federal Rules of Evidence defines "Relevant Evidence" as evidence having any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.

Question 5

Which Federal Rules of Evidence provides for the exclusion of relevant evidence if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence?

Accepted Answer

Rule 403 of the Federal Rules of Evidence allows for the exclusion of relevant evidence if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.

Question 6

Real evidence includes which of the following?

Accepted Answer

Real evidence refers to physical evidence that can be seen and inspected by the jury or judge, including physical items and pictures. Witness testimony, while a form of evidence, is not considered real evidence but rather testimonial evidence. However, the question's correct answer is indicated as "All of the above" due to a misunderstanding in the phrasing. The correct interpretation should focus on physical items and pictures as forms of real evidence, but the inclusion of "All of the above" suggests a broader interpretation of the question's intent.

Question 7

Evidence which "stands on its face" is called:

Accepted Answer

Prima facie evidence is evidence that is good and sufficient on its face (at first appearance) to establish a given fact or prove a case unless it is rebutted or contradicted.

Question 8

There are a number of areas in which circumstantial evidence may be used to establish the guilt of the accused. They include all but one of the following:

Accepted Answer

Proof of purchase is not inherently indicative of guilt and can be relevant in a variety of contexts, not exclusively criminal. Circumstantial evidence like proof of means, concealment, and modus operandi directly relate to establishing patterns or behaviors that can be linked to criminal activity.

Question 9

Means may be established through the demonstration of which of the following, except?

Accepted Answer

Means in a legal or investigative context refers to the ability of a person to commit a crime, which can be demonstrated through special knowledge, intelligence, or access to a weapon. "Guilty minds" refers to "mens rea" or the intention to commit a crime, which is a separate concept from the means to commit it.

Question 10

Which of the following is one of the most common actions after the commission of the act introduced into the records as circumstantial evidence?

Accepted Answer

The answer of Which of the following is one of...

Question 11

Admissions by conduct are generally admissible under Federal Rule of Evidence 801, which governs the admissibility of hearsay evidence. They include all but one of the following:

Accepted Answer

Non-payment of medical expenses is not an admission by conduct under Federal Rule of Evidence 801.

Question 12

The state is prohibited from venturing the invocation of the right to an attorney as guaranteed by what Amendment?

Accepted Answer

The Sixth Amendment to the United States Constitution guarantees the right to an attorney. This amendment ensures that in criminal prosecutions, the accused shall have the assistance of counsel for his defense.

Question 13

In which case did the Court address the introduction of testimony where a defendant had requested an attorney and had refused to answer the questions officers?

Accepted Answer

In Wainwright v. Greenfield, the Supreme Court addressed the issue of introducing testimony about a defendant's silence after he had requested an attorney, ruling that it violated the defendant's Fifth Amendment rights.

Question 14

There are some situations that arise in American criminal courts in which the jury is instructed on what to believe and are not free to draw independent inferences. These situations are such that jurors must adopt the statement or evidence as fact. These include:

Accepted Answer

All of the above options, Presumptions, Stipulations, and Judicial notice, are situations in American criminal courts where jurors are instructed to accept certain information as fact, limiting their ability to independently infer or interpret those aspects of the case.

Question 15

A product of an agreement between opposing counsels as to a specific facts of the case is known as:

Accepted Answer

Stipulations are agreements between opposing counsels regarding certain facts of the case, which means those facts do not need to be proven in court.

Question 16

A conclusion or deduction, which is required by law, is called:

Accepted Answer

A presumption is a legal concept that allows the court to assume a fact is true until it is rebutted by the greater weight of the evidence against it.

Question 17

DNA is this type of presumption when determining paternity of a baby:

Accepted Answer

The answer of DNA is this type of presumption when...

Question 18

Judicial notice exists in a climate in which procedural safeguards attempt to ensure fundamental fairness to criminal defendants and is limited to:

Accepted Answer

Judicial notice is limited to facts that are not subject to reasonable dispute because they are generally known or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 19

Matters of law, political facts, and legislative facts are all examples of:

Accepted Answer

Matters of law, political facts, and legislative facts fall under the category of judicial notices because they are facts that a court can recognize and accept as true without requiring formal evidence.

Question 20

Idioms, slang, and body language are all examples of this type of judicial notice:

Accepted Answer

Adjudicative facts are specific facts about the parties or events in a particular case, including idioms, slang, and body language, which a court can recognize without requiring formal proof.

Quiz 3: Forms of Evidence