Question

1. Evidence that relates to, or bears directly upon, the point or fact in issue, and proves or has a tendency to prove the proposition alleged, is relevant evidence. T OR F?

2. Evidence is legally material and admissible if it relates to a fact in issue and has only a slight bearing on the matter in issue. T OR F?

3. Photographic evidence of a gruesome crime scene may be admitted if it is probative of a fact in issue and does not have undue prejudicial effect. T OR F?

4. According to the Federal Rules, relevant evidence may be excluded from evidence if

a.the chain of custody has been broken, the best evidence rule breached, and all witnesses have been deemed competent to testify.

b.if it is material as well as circumstantial.

c. probative value is substantially outweighed by the danger of unfair prejudice,

confusion of the issues is likely to result, there is a danger that the jury will be misled, and the evidence is duplicative in nature.

d. relevant evidence may not be excluded under the Federal Rules

5. Where an objection to the admission of evidence has been made at a trial, the determination of logical relevancy, legal relevancy, and admissibility is the function of the witness. T OR F?

6. The tendency of an item of evidence to help prove or refute a disputed fact or principle that is at issue in a criminal case is called the

a.prejudicial effect

b.best evidence rule

c.probative value

d.circumstantial evidence

7. Over 90 % of all criminal cases go to trial resulting in either the acquittal or conviction of a criminal defendant or defendants. T OR F?

8. When building the case for the prosecution investigators are guided by

a.the elements of the crime charged in seeking evidence that proves each beyond a reasonable doubt.

b.the age of the defendant and his or her competency as a witness.

c.the media and public opinion.

d.common law practices and procedures established in applicable case law.

9. There are no exceptions to the Hearsay rule other than out of court statements not offered for their truthfulness or veracity may be admitted. T OR F?

10. In a criminal prosecution, the prosecutor has evidence that a witness has a lengthy criminal history and is currently incarcerated. Under the rules of evidence, the general rule is that

a.evidence of other prior crimes of the witness is not admitted at the criminal trial.

b.the witness will be barred from testifying upon the prosecutor's motion.

c.due to the best evidence rule, the witness will be permitted to testify outside the view of the jury.

d.the witness will be permitted to testify.

11. The two tests cited for the admissibility of scientific test results are

a.the Frye and Daubert tests

b.the Florence and Dilbert tests

c.the Arizona rule and Edgewater exception

d.the Frye and Dilbert tests.

12. If a challenged witness is found by the court to be competent to testify it does not necessarily mean that the evidence that may be offered by that witness is relevant.T OR F?

13. As a general principle of law, all evidence is deemed to be admissible. T OR F?

14. The results of voice identification technology are generally inadmissible. T OR F?

15. In considering the competency of witnesses the following must be shown:

a.documentary evidence is not subject to the restrictive rules respecting relevancy, materiality, and competency as is oral testimony, because it is unchanging evidence once it has been reduced to a writing.

b. All witnesses are deemed to be competent except for children and criminals.

c. The ability to take an oath, have original perception, recall events, and be able to communicate.

d.That the testimony given will be relevant and material.

16. Because telephone conversation evidence must be authenticated as belonging to a particular person before it can be considered competent to be introduced in court, in order to authenticate a voice as belonging to a particular person it is necessary that an authorized wiretap order be obtained. T OR F?

17. Where an issue has been raised concerning the competency of a witness to testify the jury will determine whether the witness has an ability to communicate. T OR F?

18. In determining the competency of a child to testify, several requirements should be met. Some of the requirements are that he or she must possess the capacity to observe events and be at least 10 years of age. T OR F?

19. Gideon’s Army refers to

A. IRS agents enforcing the tax code

B. Federal agents enforcing the exclusionary rule

C. Public Defenders in an HBO documentary

D. Prosecutors in an HBO documentary

20. The proof that provides the greatest certainty of the fact to be proven; the most reliable evidence is a statement of

a.The Best Evidence Rule

b.The Frye Test

c.The Daubert Test

d.The Southwest Philly Floater

21. Michael Phelps is an Olympic Gold medal winner exonerated in the theft of fellow Olympian Ryan Lochte's Gold medal when photographic evidence was admitted that showed he actually won the medal originally awarded to Lochte in the first place. T or F?

22. Evidence uncovered by a drug-sniffing dog is never admissible as competent evidence unless the evidence uncovered is drugs. T OR F?

23. The perpetrator of the Pittsburgh synagogue bombing has been apprehended with the help of the United States Postal Service agents? True or False

24. Hearsay is

a. without exception never admitted in court.

b. an out of court statement offered for its truthfulness or veracity that will be admitted if it meets the exception of the best evidence rule.

c. an out of court statement offered for its truthfulness or veracity that will be admitted if it meets several exceptions such as an excited utterance or dying declaration.

d. non-existent in these high tech times.

25. The biggest concern regarding hearsay testimony is

a. the best evidence rule being invoked as an objection.

b. its competency or reliability because we will not have the opportunity to cross-examine the testifier who is also not under oath.

c. ensuring its relevance and materiality.

d. determining the jury instructions regarding it.

26. When it comes to expert testimony

a.As long as the expert has advanced degrees his or her testimony will be admissible at trial.

b.Their qualifications can be stipulated to by both parties.

c.It needs to be both relevant and material to be admissible.

d. b and c.

27. The Boston Marathon Bombing suspect Zhokar Zharnaev was found not guilty and avoided the death penalty being imposed in his case because he was tried in the state of Massachusetts. True or False.

28. The correct Question for the Answer Dying Declaration is?

a. An out of court statement offered for its truthfulness or veracity that is contained and certified on a government document on a death certificate so therefore is inadmissible as a hearsay exception.

b. is inadmissible as Hearsay under the Federal Rules but not in California

c. is an exception to the hearsay rule and is admissible and is part of the Federal Rules of Evidence.                                                                                                                                            

d. an exception to the hearsay rule in which in all jurisdictions the declarant must be dead.

29. Who is Cesar Sayoc?

a.The criminal defense attorney in "Gideon's Army."

b.The perpetrator of the Pittsburgh Synagogue Bombing.

c. The federal public defender representing Zhokar Zharnaev.

d. None of the above.

30. The Fourth Amendment prohibit warrantless searches at the entrance to a movie theater when sufficient warning signs are posted that all entrants are subject to searches? True or False?

31. Do Brandy and Travis really belong together? True or False

Answer 1

1. Evidence that relates to, or bears directly upon, the point or fact in issue, and proves or has a tendency to prove the proposition alleged, is relevant evidence.

True

2. Evidence is legally material and admissible if it relates to a fact in issue and has only a slight bearing on the matter in issue

False

3. Photographic evidence of a gruesome crime scene may be admitted if it is probative of a fact in issue and does not have undue prejudicial effect.

True

4. According to the Federal Rules, relevant evidence may be excluded from evidence if

c. probative value is substantially outweighed by the danger of unfair prejudice,

confusion of the issues is likely to result, there is a danger that the jury will be misled, and the evidence is duplicative in nature.

P.S.- Please use separate threads to ask more that 4 questions at a time and leave a comment if any explanation is neeeded.