Question 1

Whose testimony is most likely to be ruled immaterial

Accepted Answer

A)  Larry, because he has had no contact with Mary when the events at issue occurred.
B)  Kathy because she is a minor.
C)  Julie because she did not see anyone hit the children.
D)  Henry because he is probably biased in favor of his girlfriend.

Question 2

An item of evidence introduced by the prosecution at trial has probative value if:

Accepted Answer

A)  it proves a fact without the need for additional evidence.
B)  it proves a fact with the use of an inference.
C)  it makes it appear that a fact probably occurred.
D)  it must do all of these in order to have probative value.

Question 3

An inference is:

Accepted Answer

A)  a conclusion that the judge tells the jurors that they must draw.
B)  a fact that is assumed to have happened if the basic fact was established.
C)  a conclusion that is drawn about the person who is testifying.
D)  a logical conclusion drawn from the facts introduced into evidence.

Question 4

Testimonial evidence refers to:

Accepted Answer

A)  statements made while testifying under oath.
B)  affidavits.
C)  depositions.
D)  all of these

Question 5

A judge takes judicial notice only if an attorney has requested it.

Accepted Answer

A) True 
 B)False

Question 6

Explain the use of testimonial evidence.Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial.

Accepted Answer

Testimonial evidence is defined as evide...

Question 7

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

Accepted Answer

A)  disprove the basic fact.
B)  disprove the presumed fact.
C)  disprove either the basic fact or the presumed fact.
D)  ask that the jury be instructed that presumptions cannot be used in criminal cases.

Question 8

In order to have a stipulation:

Accepted Answer

A)  attorneys for both sides must agree on the stipulated fact.
B)  more than one witness must testify that the stipulated fact exists.
C)  the physical item stipulated to must be produced at trial.
D)  the stipulation must be in writing and signed by the judge.

Question 9

Cumulative evidence may be excluded even though it is relevant.

Accepted Answer

A) True 
 B)False

Question 10

The judge may take judicial notice of any commonly known fact.

Accepted Answer

A) True 
 B)False

Question 11

The most common reason for an attorney to agree to a stipulation is:

Accepted Answer

A)  save time at trial.
B)  it would be hard to find a witness to testify about the fact.
C)  opposing counsel could easily prove the fact.
D)  the stipulation is required by law.

Question 12

Which would be considered direct evidence

Accepted Answer

A)  Mike's testimony that he saw the theft occur.
B)  Nate's testimony that he discovered the ring was missing.
C)  Owen's testimony the Rick tried to pawn a ring.
D)  Patty's testimony that she threw a ring at Ricky.

Question 13

Real evidence refers to physical objects.

Accepted Answer

A) True 
 B)False  True

Question 14

A presumption is an inference that jurors are told they must draw.

Accepted Answer

A) True 
 B)False  True

Question 15

A judge can take judicial notice:

Accepted Answer

A)  of any fact introduced at trial.
B)  only if an attorney requests that the judge take judicial notice of a fact.
C)  of any relevant fact that is "commonly known" in the scientific community.
D)  judges can take judicial notice in civil cases but not criminal cases

Question 16

Explain the difference between cumulative evidence and corroborative evidence and give an example of each.

Accepted Answer

Cumulative evidence merely repeats evide...

Question 17

The Federal Rules of Evidence mandate that a judge take judicial notice of:

Accepted Answer

A)  facts that can be readily determined from a source whose accuracy is beyond dispute.
B)  any fact that both sides request that the judge take notice of.
C)  facts that have been established by the testimony of two or more witnesses.
D)  all of these A

Question 18

What would provide the best corroboration for Mike's testimony

Accepted Answer

A)  Nate's testimony that the display case was empty after Ricky left the store.
B)  Owen's testimony that Ricky tried to pawn a ring.
C)  Patty's testimony that Mike was not present when she threw her engagement ring at Ricky.
D)  Mike's testimony cannot be corroborated unless Ricky takes the stand and confesses.

Question 19

All relevant evidence is material.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following would be direct evidence in a murder case

Accepted Answer

A)  DNA test that establishes that the defendant's blood was found at the crime scene
B)  testimony of an expert witness that there is a 1 in 3 million chance that the DNA found at the scene could have come from someone other than the defendant
C)  testimony of police officer describing the confession the defendant made
D)  testimony of eyewitness describing the defendant shooting the victim

Exam 4: Types of Evidence

Whose testimony is most likely to be ruled immaterial

Correct AnswerverifiedShow Answer

An item of evidence introduced by the prosecution at trial has probative value if:

Correct AnswerverifiedShow Answer

An inference is:

Correct AnswerverifiedShow Answer

Testimonial evidence refers to:

Correct AnswerverifiedShow Answer

A judge takes judicial notice only if an attorney has requested it.

Correct AnswerverifiedShow Answer

Explain the use of testimonial evidence.Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial.

Correct AnswerverifiedTestimonial evidence is defined as evide...View AnswerShow Answer

If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:

Correct AnswerverifiedShow Answer

In order to have a stipulation:

Correct AnswerverifiedShow Answer

Cumulative evidence may be excluded even though it is relevant.

Correct AnswerverifiedShow Answer

The judge may take judicial notice of any commonly known fact.

Correct AnswerverifiedShow Answer

The most common reason for an attorney to agree to a stipulation is:

Correct AnswerverifiedShow Answer

Which would be considered direct evidence

Correct AnswerverifiedShow Answer

Real evidence refers to physical objects.

Correct AnswerverifiedTrue

A presumption is an inference that jurors are told they must draw.

Correct AnswerverifiedTrue

A judge can take judicial notice:

Correct AnswerverifiedShow Answer

Explain the difference between cumulative evidence and corroborative evidence and give an example of each.

Correct AnswerverifiedCumulative evidence merely repeats evide...View AnswerShow Answer

The Federal Rules of Evidence mandate that a judge take judicial notice of:

Correct AnswerverifiedA

What would provide the best corroboration for Mike's testimony

Correct AnswerverifiedShow Answer

All relevant evidence is material.

Correct AnswerverifiedShow Answer

Which of the following would be direct evidence in a murder case

Correct AnswerverifiedShow Answer

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Testimonial evidence is defined as evide...
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True

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Cumulative evidence merely repeats evide...
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A

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