Question 1

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

Accepted Answer

A)  only if the prosecution establishes the presumed fact by a preponderance of the evidence.
B)  only if the prosecution established the basic fact by a preponderance of the evidence.
C)  only if the prosecution establishes the presumed fact beyond a reasonable doubt.
D)  only if the prosecution establishes the basic fact beyond a reasonable doubt.

Question 2

The term "real evidence" refers to:

Accepted Answer

A)  physical objects.
B)  documents.
C)  photographs.
D)  all of these

Question 3

A conviction cannot be based entirely on circumstantial evidence.

Accepted Answer

A) True 
 B)False

Question 4

The difference between direct and circumstantial evidence is:

Accepted Answer

A)  direct evidence requires the use of an inference but circumstantial evidence does not.
B)  circumstantial evidence requires the use of an inference but direct evidence does not.
C)  direct evidence requires judicial discretion but circumstantial evidence is not.
D)  circumstantial evidence requires the use of a presumption but direct evidence does not.

Question 5

When a piece of evidence is referred to as "material," "material" means:

Accepted Answer

A)  it is relevant and more than remotely connected to the fact.
B)  it is relevant to an important fact in the case.
C)  the prosecution cannot win a conviction without this piece of evidence.
D)  relevant and material are synonymous - any fact that is relevant is also material.

Question 6

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

Accepted Answer

A) True 
 B)False

Question 7

If there has been a stipulation to a fact, the prosecution will not be allowed to introduce any testimony about that fact.

Accepted Answer

A) True 
 B)False

Question 8

If the defense wants a presumption to be used, it must prove the basic fact.

Accepted Answer

A) True 
 B)False

Question 9

What testimony would be considered cumulative

Accepted Answer

A)  Larry's statement that he believes what Mary said.
B)  Kathy's statement that she saw the same thing Henry saw.
C)  Julie and Isabel's statements that the children had numerous bruises.
D)  None of these would be cumulative evidence.

Question 10

Direct evidence establishes a fact without an inference.

Accepted Answer

A) True 
 B)False

Question 11

In order to qualify as testimonial evidence, the statement must be:

Accepted Answer

A)  made under oath.
B)  contain no hearsay.
C)  be a first-hand observation.
D)  all of these are required

Question 12

Should Judge John give a jury instruction about the presumption as requested by Paul

Accepted Answer

A)  Yes, the prosecution is allowed to introduce presumptions in criminal cases as long as there is some basis in fact for them.
B)  Yes, as long as Dick has an opportunity to introduce evidence to disprove the presumed fact.
C)  No, Dick is correct.The prosecution must establish the basic fact beyond a reasonable doubt in criminal cases.
D)  No, presumptions are unconstitutional in criminal cases.

Question 13

Corroborative evidence merely restates facts already introduced into evidence.

Accepted Answer

A) True 
 B)False

Question 14

Nate's testimony would be considered circumstantial evidence because:

Accepted Answer

A)  if believed, it makes it more probable that Ricky stole the ring.
B)  the judge gave the jury an instruction on limited admissibility.
C)  the jury must draw an inference before they can conclude that Ricky stole the ring.
D)  it only establishes the theft if the parties stipulate to his testimony.

Question 15

What would be considered testimonial evidence

Accepted Answer

A)  All of these would be testimonial evidence.
B)  Larry's statement made during a telephone call to Devin.
C)  Julie's notes in the children's medical records.
D)  Isabel's statements made at the civil court hearing.

Question 16

All relevant evidence is admissible

Accepted Answer

A) True 
 B)False

Question 17

When the defendant enters a plea of "Not Guilty," all facts needed to establish the crime are placed "at issue."

Accepted Answer

A) True 
 B)False

Question 18

In a criminal trial, jurors cannot base their verdict on stipulations.

Accepted Answer

A) True 
 B)False

Question 19

Cumulative evidence:

Accepted Answer

A)  restates what another witness has already testified about.
B)  applies when physical evidence validates testimonial evidence.
C)  proves the same fact as a prior witness but by another means.
D)  none of these are correct.

Question 20

Define direct evidence and circumstantial evidence.Explain the differences between them.

Accepted Answer

Direct evidence is based on first-hand o...

Exam 4: Types of Evidence

If the defense wants a presumption to be used, it must prove the basic fact.

Correct AnswerverifiedShow Answer

Direct evidence establishes a fact without an inference.

Correct AnswerverifiedShow Answer

Should Judge John give a jury instruction about the presumption as requested by Paul

Correct AnswerverifiedShow Answer

If there has been a stipulation to a fact, the prosecution will not be allowed to introduce any testimony about that fact.

Correct AnswerverifiedShow Answer

Corroborative evidence merely restates facts already introduced into evidence.

Correct AnswerverifiedShow Answer

All relevant evidence is admissible

Correct AnswerverifiedShow Answer

When a piece of evidence is referred to as "material," "material" means:

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Nate's testimony would be considered circumstantial evidence because:

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What would be considered testimonial evidence

Correct AnswerverifiedShow Answer

The prosecution is allowed to use presumptions to establish that the defendant is guilty:

Correct AnswerverifiedShow Answer

When the defendant enters a plea of "Not Guilty," all facts needed to establish the crime are placed "at issue."

Correct AnswerverifiedShow Answer

In order to qualify as testimonial evidence, the statement must be:

Correct AnswerverifiedShow Answer

Define direct evidence and circumstantial evidence.Explain the differences between them.

Correct AnswerverifiedDirect evidence is based on first-hand o...View AnswerShow Answer

A conviction cannot be based entirely on circumstantial evidence.

Correct AnswerverifiedShow Answer

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.

Correct AnswerverifiedShow Answer

The difference between direct and circumstantial evidence is:

Correct AnswerverifiedShow Answer

The term "real evidence" refers to:

Correct AnswerverifiedShow Answer

Cumulative evidence:

Correct AnswerverifiedShow Answer

What testimony would be considered cumulative

Correct AnswerverifiedShow Answer

In a criminal trial, jurors cannot base their verdict on stipulations.

Correct AnswerverifiedShow Answer

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Direct evidence is based on first-hand o...
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