Question 1

Circumstantial evidence is a form of evidence that is:

Accepted Answer

Circumstantial evidence is indirect evidence that implies a fact or event without directly proving it.

Question 2

There are two basic types of evidence.

Accepted Answer

There are multiple types of evidence, including but not limited to, direct, circumstantial, physical, and testimonial evidence.

Question 3

Judicial notice is sometimes taken when the court believes that the information is common knowledge.

Accepted Answer

Judicial notice is a doctrine that allows a court to accept a fact as true without requiring formal proof. It is typically used for information that is generally known or is capable of verification by a reliable source. Therefore, if the court believes that the information is common knowledge, judicial notice can be taken.

Question 4

Impeachment is the tool used to attack a witness's credibility.

Accepted Answer

Impeachment is the process of discrediting a witness by showing that they have a motive to lie or have given contradictory or unreliable testimony. Thus, impeachment is used to attack a witness's credibility.

Question 5

Which of the following are types of exhibits?

Accepted Answer

Documentary evidence refers to written or recorded physical evidence, such as contracts, letters, or emails. Actual evidence is tangible physical evidence, such as weapons, clothing, or drugs. Demonstrative evidence refers to visual aids, models, or diagrams used to illustrate or explain evidence. Thus, all three types of evidence (documentary, actual, and demonstrative) are types of exhibits.

Question 6

Evidence is relevant when

Accepted Answer

Evidence is relevant if it has a tendency to make the existence of any fact of consequence more probable. Evidence doesn't necessarily have to clearly prove guilt or innocence, it just needs to be related to the facts of the case and be more than just hearsay. Evidence can also create inferences, but this is not the sole criteria for relevance.

Question 7

A person is competent to testify when

Accepted Answer

The answer of A person is competent to testify when
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Question 8

Hearsay is never admissible evidence.

Accepted Answer

Hearsay can be admissible in certain circumstances such as if it falls under a hearsay exception or if it is considered non-hearsay. However, as a general rule, hearsay is not admissible.

Question 9

Direct evidence is:

Accepted Answer

Direct evidence is evidence that directly proves a point, as opposed to circumstantial evidence, which requires an inference to be drawn. It is not always required at trial, and direct evidence may be presented alongside circumstantial evidence.

Question 10

The most common attributes used to discredit a witness are:

Accepted Answer

All of the above attributes are commonly used to discredit a witness in a trial. Personal bias and prior inconsistent statements can suggest that the witness may not be reliable or truthful. Prior convictions can indicate a lack of credibility, while a witness's general character for untruthfulness can further damage their credibility.

Question 11

To impeach a witness means

Accepted Answer

To impeach a witness means to call into question his credibility, either by discrediting his character or by showing inconsistencies or contradictions in his testimony. It does not necessarily involve striking all his testimony, removing him from the witness box, or holding him in contempt.

Question 12

Actual evidence might include the weapon used in a crime.

Accepted Answer

Actual evidence often includes the physical object(s) related to the crime, such as a weapon, fingerprints, or DNA samples.

Question 13

A lay witness may testify about

Accepted Answer

A lay witness may testify about something he or she heard (a), and something he or she saw (b). However, a lay witness is not qualified to give conclusions of law (c). Hence, options A and B are correct, but option C is incorrect. The correct choice is D.

Question 14

Evidence is either direct or circumstantial.

Accepted Answer

Direct evidence refers to firsthand observations or testimony, while circumstantial evidence refers to facts that may support an inference or conclusion but do not directly prove it.

Question 15

Which of the following are not types of evidence?

Accepted Answer

All of the options listed are types of evidence, so none of the above are not types of evidence.

Question 16

Hearsay is admissible as long as the truth of the statement can be determined.
Multiple Choice

Accepted Answer

Hearsay is generally inadmissible in court because it is an out-of-court statement offered to prove the truth of the matter asserted, and its reliability cannot be directly assessed through cross-examination. There are exceptions, but the truth of the statement alone does not make hearsay admissible.

Question 17

Hearsay is only admissible when

Accepted Answer

Hearsay is generally inadmissible in court unless it falls under a recognized exception, such as a statement made under the belief of impending death, a statement against interest, or a present sense impression, among others. None of the options provided describe a valid exception to the hearsay rule.

Question 18

All states have adopted the Federal Rules of Evidence.

Accepted Answer

Not all states have adopted the Federal Rules of Evidence; some states have their own rules of evidence, which may differ from the federal rules.

Question 19

An inference is a logical conclusion of a fact that is not supported by direct evidence.

Accepted Answer

An inference is a conclusion that is drawn based on indirect or circumstantial evidence rather than direct evidence. It requires the use of reasoning and logic to arrive at the conclusion.

Question 20

There are four types of witnesses.

Accepted Answer

There are various types of witnesses, including but not limited to, eyewitnesses, expert witnesses, character witnesses, and lay witnesses, making the total number more than four.

Quiz 16: Rules of Evidence