Question 1

The term "competency" is used to describe whether certain evidence is admissible or not.

Accepted Answer

True

Question 2

Most jurisdictions permit judges to take judicial notice of all public statutes or laws of the United States as well as those of their own state.

Accepted Answer

This is generally true. Judicial notice is a doctrine that allows judges to accept certain facts as true without requiring evidence to be presented in court. Public statutes or laws are considered to be well-established facts and are therefore subject to judicial notice. However, there may be some exceptions or limitations depending on the jurisdiction and the specific circumstances of the case.

Question 3

Corroborative evidence is evidence that contradicts other evidence already given,tending to weaken or refute the prior evidence introduced.

Accepted Answer

Corroborative evidence supports, confirms, or strengthens evidence already presented, it does not contradict or weaken it.

Question 4

Conclusive presumptions are sometimes referred to as "irrebuttable."

Accepted Answer

Conclusive presumptions are sometimes referred to as "irrebuttable" because they cannot be overcome by any evidence to the contrary.

Question 5

A court may take judicial notice after the party seeking judicial notice has rested their case.However,a court may not take judicial notice of a fact on appeal.

Accepted Answer

Courts can take judicial notice at any stage of the proceeding, including on appeal, if the fact is one that cannot reasonably be questioned and is either generally known within the territorial jurisdiction of the trial court or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 6

Judicial notice is never a substitute for evidence.

Accepted Answer

Judicial notice is a principle allowing courts to recognize certain facts as true without requiring formal evidence, typically for facts that are not subject to reasonable dispute because they are either generally known within the court's jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 7

"Relevant evidence" and "material evidence" are interchangeable terms.

Accepted Answer

Relevant evidence refers to evidence that is related to the matter at hand and tends to prove or disprove a fact in question, while material evidence refers to evidence that is significant or useful to the issue at hand. While the two terms are related, they are not interchangeable as they have slightly different meanings.

Question 8

A police officer should be aware that there is no presumption of innocence.

Accepted Answer

A police officer should be aware that there is a presumption of innocence for all individuals until proven guilty in a court of law. It is a fundamental principle of justice and due process.

Question 9

Since criminal intent is an essential element of most crimes,an insane defendant would not be capable of forming such intent.

Accepted Answer

As a general rule, if a defendant is unable to distinguish right from wrong or understand the nature and consequences of their actions due to a mental illness or condition, they cannot be held criminally responsible for their behavior. Therefore, an insane defendant would not be capable of forming criminal intent, which is a necessary element of most crimes.

Question 10

A presumption is a device that is a substitute for evidence in all jurisdictions.

Accepted Answer

A presumption is not a substitute for evidence, but rather an inference or assumption that a fact exists based on other evidence. It may shift the burden of proof, but it does not replace the need for evidence.

Question 11

A true presumption requires the jury to find the presumed fact from the existence of the basic fact and may be called a mandatory presumption.

Accepted Answer

A true presumption, also known as a mandatory presumption, requires the jury to find the presumed fact from the existence of the basic fact. This means that the jury must accept the presumed fact as true unless the defendant provides evidence to rebut it.

Question 12

The degree of evidence that a defendant claiming insanity is required to produce is consistent throughout all jurisdictions; including under the Federal Rules of Evidence (FRE).

Accepted Answer

The degree of evidence required for an insanity defense varies by jurisdiction and is not consistent under the Federal Rules of Evidence. Some jurisdictions require a preponderance of evidence, while others require clear and convincing evidence or beyond a reasonable doubt.

Question 13

The "burden of proof" refers to the admissibility of evidence at trial.

Accepted Answer

The burden of proof refers to the responsibility of a party to prove a disputed fact or issue in a legal case. It does not specifically refer to the admissibility of evidence, although the burden of proof may impact which party has to produce certain evidence to meet their burden. Admissibility of evidence is determined by rules of evidence and the judge's discretion.

Question 14

Contradictory evidence and corroborative evidence are antonyms.

Accepted Answer

Contradictory evidence is evidence that contradicts or opposes other evidence, whereas corroborative evidence supports or confirms other evidence. Therefore, they are antonyms.

Question 15

Relevant evidence is always admissible in court.

Accepted Answer

Not all relevant evidence is admissible in court. There are several grounds for excluding relevant evidence, such as if it is unfairly prejudicial, if it was obtained through an illegal search and seizure, if it breaches a privilege, and if its probative value is substantially outweighed by the danger of unfair prejudice or confusion.

Question 16

Prima facie evidence is evidence that requires an eyewitness.

Accepted Answer

Prima facie evidence is evidence that is based on first impressions, appearances, or initial observations, and does not necessarily require an eyewitness. It is evidence that is sufficient to establish a fact or raise a presumption unless it is rebutted or disproved.

Question 17

Presumption and inference are synonyms.

Accepted Answer

Presumption and inference are not synonyms. Presumption is a belief or assumption made without certain knowledge, while inference is a conclusion or deduction made based on evidence or reasoning.

Question 18

Evidence is relevant if it makes the existence of a fact of consequence more probable or less probable than it would be without the evidence.

Accepted Answer

This statement is a correct definition of the relevance of evidence in determining the existence of a fact of consequence. Relevant evidence can increase or decrease the probability that a fact is true, rather than being irrelevant or extraneous to the issue at hand.

Question 19

A common presumption is that a person who has been missing for five years is dead.

Accepted Answer

The answer of A common presumption is that a person...

Question 20

Presumptions are recognized because they follow in the normal course of human experience.

Accepted Answer

Presumptions are recognized because they are based on common sense and the usual patterns of behavior or events that humans experience.

Quiz 3: Evidence-Basic Concepts