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CRJ114 Midterm
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Preguntas del test (140)
1An item of evidence introduced by the prosecution at trial has probative value if:
- Ait proves a fact without the need for additional evidence
- Bit proves a fact with the use of an inference
- Cit makes it appear that a fact probably occurred
- Dit must do all of these in order to have probative value
2The Federal Rules of Evidence mandate that a judge take judicial notice of:
- Afacts that can be readily determined from a source whose accuracy is beyond dispute
- Bany fact that both sides request that the judge take notice of
- Cfacts that have been established by the testimony of two or more witnesses
- Dall of these
3Cumulative evidence:
- Arestates what another witness has already testified about
- Bapplies when physical evidence validates testimonial evidence
- Cproves the same fact as a prior witness but by another means
- Dnone of these are correct
4A judge can take judicial notice:
- Aof any fact introduced at trial
- Bonly if an attorney requests that the judge take judicial notice of a fact
- Cof any relevant fact that is "commonly known" in the scientific community
- Djudges can take judicial notice in civil cases but not criminal cases
5When a piece of evidence is referred to as "material," "material" means:
- Ait is relevant and more than remotely connected to the fact
- Bit is relevant to an important fact in the case
- Cthe prosecution cannot win a conviction without this piece of evidence
- Drelevant and material are synonymous - any fact that is relevant is also material
6"Limited admissibility" means that evidence:
- Ais of limited value because the witness has a prior conviction
- Bcan be used to prove misdemeanors but not felonies
- Ccan be used to prove one fact but not another
- Dnone of these are correct
7The defendant had a minor felony conviction, but did not commit any crimes for 20 years after that. She is now on trial for an unrelated type of crime. The felony conviction is not admissible because:
- Athe evidence is material but not relevant
- Bthe evidence is cumulative evidence
- Cthe evidence is corroborative evidence
- Dthe prejudicial impact on the jury outweighs its probative value
8Testimonial evidence refers to:
- Astatements made while testifying under oath
- Baffidavits
- Cdepositions
- Dall of these
9If the defense introduces evidence on the basic fact in order to establish a weak rebuttable presumption, the prosecution should:
- Adisprove the basic fact
- Bdisprove the presumed fact
- Cdisprove either the basic fact of the presumed fact
- Dask that the jury be instructed that presumptions cannot be used in criminal cases
10The term "real evidence" refers to:
- Aphysical objects
- Bdocuments
- Cphotographs
- Dall of these
11Which of the following would be direct evidence in a murder case?
- ADNA test that establishes that the defendant's blood was found at the crime scene
- Btestimony 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
- Ctestimony of police officer describing the confession the defendant made
- Dtestimony of eyewitness describing the defendant shooting the victim
12If the defense introduces evidence on the basic fact in order to establish a conclusive presumption, the prosecution should:
- Adisprove the basic fact
- Bdisprove the presumed fact
- Cdisprove either the basic fact or the presumed fact
- Dask that the jury be instructed that presumptions cannot be used in criminal cases
13In order to have a stipulation:
- Aattorneys for both sides must agree on the stipulated fact
- Bmore than one witness must testify that the stipulated fact exists
- Cthe physical item stipulated to must be produced at trial
- Dthe stipulation must be in writing and signed by the judge
14The most common reason for an attorney to agree to a stipulation is:
- Asave time at trial
- Bit would be hard to find a witness to testify about the fact
- Copposing counsel could easily prove the fact
- Dthe stipulation is required by law
15An example of corroborative evidence would be:
- Atestimony of two witnesses whose description of the scene to almost identical
- Ba fact that is established by the use of a rebuttable presumption
- Ca fact that is established when the judge took judicial notice
- Dreal (physical) evidence that supports the testimony of a witness
16An inference is:
- Aa conclusion that the judge tells the jurors that they must draw
- Ba fact that is assumed to have happened if the basic fact was established
- Ca conclusion that is drawn about the person who is testifying
- Da logical conclusion drawn from the facts introduced into evidence
17Something is "at issue" in a trial if it relates to:
- Aany disputed element of a crime that is charged
- Bany act of the defendant after the alleged crime occurred
- Cany other crime committed by the defendant
- Dany prior conviction of the defendant
18If the defense introduces evidence on the basic fact in order to establish a strong rebuttable presumption, the prosecution should:
- Adisprove the basic fact
- Bdisprove the presumed fact
- Cdisprove either the basic fact or the presumed fact
- Dask that the jury be instructed that presumptions cannot be used in criminal cases
19In order to qualify as testimonial evidence, the statement must be:
- Amade under oath
- Bcontain no hearsay
- Cbe a first-hand observation
- Dall of these are required
20The difference between direct and circumstantial evidence is:
- Adirect evidence requires the use of an inference but circumstantial evidence does not
- Bcircumstantial evidence requires the use of an inference but direct evidence does not
- Cdirect evidence requires judicial discretion but circumstantial evidence is not
- Dcircumstantial evidence requires the use of a presumption but direct evidence does not
21If the defendant testifies that it was physically impossible for him to have committed a crime because he had a bad back and could not lift the heavy object that was stolen:
- Athe jurors can infer that he is not guilty of the crime if they believe him
- Bthe prosecutor must introduce expert testimony showing he has the capacity to commit the crime
- Cthe defendant must provide documentation of his physical disability
- Ddefendant's testimony is inadmissible because lack of physical capacity can only be established by an expert witness
22In addition to the defense of Not Guilty by Reason of Insanity, when is the defense allowed to introduce evidence about the defendant's mental capacity?
- Awhen defense is based on the defendant not knowing something that is obvious to most people
- Bwhen defendant is charged with a crime that requires a specific intent
- Cwhen the crime charged would require a person with superior mental ability
- Dall of these
23The fact that the defendant has a graduate degree in software design is admissible in a case in which a hacker bypassed a company's security system and transferred money to a Swiss bank account:
- Aonly if the defendant designed software used on the company's computer
- Bonly if the prosecutor can show prior acts of hacking by the defendant
- Conly if his degree establishes skill and/or technical knowledge necessary to commit the crime
- Donly if the degree was from an accredited university
24When deciding whether circumstantial evidence should be admitted at trial, the judge considers:
- Awhether the evidence is relevant
- Bwhether introducing the evidence will take up too much time
- Cwhether the evidence will unduly prejudice the jurors
- Dall of these are considered
25The fact that the defendant received $100,000 from a life insurance policy due to the death of the murder victim is:
- Aadmissible to show motive for the defendant to kill the victim
- Badmissible only if there is physical evidence connecting the defendant to the murder
- Cadmissible only if the prosecution can show that the defendant paid for the life insurance policy
- Dinadmissible because it would be unduly prejudicial
26In a jury trial, who determines if a witness is telling the truth?
- Ajudge
- Bjury
- Cprosecutor
- Ddefense attorney
27Rape Shield Laws were enacted in order to:
- Aenable people to find out if a convicted rapist lives in their neighborhood
- Bmake it possible for rape victims to submit written testimony at trial instead of taking the witness stand
- Cprevent defense attorneys from questioning rape victims about their sexual history
- Dall of these
28Expert testimony about the battered women syndrome is introduced at a trial of women who kill their husbands in order to:
- Again sympathy from the jury
- Bexplain why the woman stayed with her abusive husband
- Cexplain where the woman learned to be violent
- Dall of these
29The prosecution may introduce evidence to establish modus operandi:
- Awhenever the defendant has a prior conviction for the same type of crime
- Banytime the defense has introduced evidence to show that the defendant lacks the mental capacity to commit the crime
- Conly if the defendant has taken the stand and denied committing the crime
- Donly if the defendant previously committed crimes that were substantially similar to the current offense
30At trial, character is introduced by:
- Aa psychologist who specializes in behavioral disorders
- Bsomeone who is familiar with what people in the community say about the person in question
- Cthe person in question testimonies about his/her own lifestyle
- Dcharacter can be introduced by any of the above witnesses
31Evidence about the victim's character is admissible at trial:
- Awhenever the victim takes the witness stand
- Bonly if the victim has previously been convicted of perjury
- Cif the defense is based on self defense, the violent character of the victim is admissible
- Dthe victim's character is never admissible
32In which of the following situations would the prosecution be allowed to introduce evidence about the defendant's motive?
- Aany case that goes to trial without a jury
- Bfor felonies but not misdemeanors
- Cin specific intent crimes
- Dall of these
33The prosecution can introduce evidence that the defendant tried to conceal evidence:
- Aonly if the defendant is charged with receiving stolen property
- Bonly at the trial of the person charged with helping the defendant hide the evidence
- Conly if the evidence is never found
- Das circumstantial evidence that the defendant is guilty
34Evidence the defendant has previously committed similar crimes is admissible:
- Aonly if there is sufficient similarity to satisfy a modus operandi
- Bif the defendant is claiming mistaken identity as a defense at the current trial
- Conly if the defendant takes the stand and denies the prior offenses
- Dprior offenses are not admissible because they are prejudicial
35The jury is allowed to consider the fact that the defendant previously threatened the victim as circumstantial evidence of guilt of the current assault:
- Awhenever the defendant does not deny making the threat
- Bif the threat was made shortly prior to the crime and was very specific
- Conly if the threats can be confirmed by someone other than the victim
- Donly if the defendant had previously threatened other people
36Evidence the victim has previously filed false police reports can be used to infer:
- Abad character
- Bmotive to lie while testifying
- Cthe current report was false
- Dall of these
37The fact that a person suddenly has a lot of money a short time after a robbery of a nearby bank and refuses to explain where the money came from:
- Acreates an inference that the person obtained the money from the robbery
- Bcreates an inference that the person obtained the money legally
- Ccreates a presumption that the person is guilty of robbery
- Dcreates a presumption that the person obtained the money legally
38X-rays showing numerous broken bones in various stages of healing can be used in a prosecution of a parent for abusing a child:
- Aonly if there is corroboration that the person on trial inflicted the injuries
- Bto infer that the current injuries were not accidental
- Conly if an expert in the battered child syndrome testifies
- Dnot admissible unless defendant was convicted for inflicting the prior injuries
39Evidence about the defendant's character is admissible at trial:
- Aif defense places character at issue
- Bif defendant denies the charges
- Cat the discretion of the prosecutor
- Dat the discretion of the judge
40Attempts to intimidate witnesses so that they will not testify in court in the defendant's murder trial:
- Acan be charged as a separate offense but are not admissible at the murder trial
- Bare admissible to show guilt at the murder trial only if corroborated
- Care admissible to show guilt at the murder trial only if the defendant has been arrested for intimidating the witnesses
- Dare admissible as circumstantial evidence of the defendant's guilt at the murder trial
41Bias or prejudice can be shown by:
- Afriendship
- Bracism
- Chaving a financial interest in the outcome of the case
- Dall of these can be used to show bias or prejudice
42When Past Recollection Recorded is used at trial, the witness who made a report must testify:
- Ano memory of incident or making the report
- Binsufficient memory of incident or making the report
- Cinsufficient memory of the incident but has knowledge indicating the report is accurate
- Dknowledge indicating that the report is accurate
43Reputation can be used to impeach:
- Aif witness has a reputation for being dishonest
- Bif witness has a reputation for being immoral
- Cif witness has a bad reputation in general
- Dreputation can NOT be used to impeach.
44The ABO blood typing system is currently used in criminal trials:
- Aexclude a person as a suspect because his/her blood does not match the ABO type of blood found at the crime scene
- Bconclusively establishes that the blood found at the scene of the crime came from the suspect
- Cconfirms DNA testing correctly identified the perpetrator of the crime
- DABO blood typing is no longer admissible in criminal court
45In order to be allowed to testify as an expert witness, the person must:
- Ahave knowledge of the subject based on education and experience
- Bhave a graduate degree in the subject
- Chave worked in the field for at least 5 years
- Dall of these are required
46Portions of a confession that were obtained in violation of Miranda can be used to impeach:
- Anever
- Bwhenever the person who made the confession takes the witness stand
- Cif the defendant who made the confession takes the witness stand and makes inconsistent statements
- Donly if the witness admits making the statement
47In which of the following situations is a lay witness allowed to give an opinion?
- Aidentification of someone's handwriting
- Bvoice identification
- Cgeneral statement about speed of a car
- Dall of these
48Impeachment of a witness is conducted by:
- Aattorney who called the witness
- Battorney who is cross examining the witness
- Cjudge
- Djury
49Expert witnesses can be impeached:
- Aonly during voir dire
- Bonly if it can be proven they falsified the test results
- Conly if they lied about their education and experience in the field
- Din the same manner as lay witnesses
50A witness who has been impeached by prior inconsistent statements can be rehabilitated by showing:
- Astatement was taken out of context
- Berror in recording the statement
- Creputation for telling the truth
- Dall of these can be used to rehabilitate a witness
51Which of the following is NOT a requirement to be allowed to testify at trial?
- Aunderstand the duty to tell the truth
- Bbe able to narrate the events in question
- Cbe at least 7 years old
- DAll of these are requirements for a witness to testify at trial
52Which of the following is a factor that can be used to impeach a witness?
- Abias or prejudice
- Bphysical impairment
- Creputation
- Dnone of these can be used to impeach a witness
53Which of the following would be grounds to prevent a person from testifying at a criminal trial?
- Aprior perjury conviction
- Bthreat to lie on the stand
- Cextreme bias toward one side
- Dnone of these
54In order to answer a hypothetical question:
- Athe witness must have examined all of the evidence
- Bthe physical evidence included in the hypothetical question must have been introduced into evidence
- Cthe witness must have a Ph.D. in the field that applies to the question
- Dall of these are required
55A witness can be impeached for having committed a crime in the recent past even though it did not result in a conviction:
- Aonly if criminal charges are pending
- Bonly if crime is perjury
- Cif it would be considered an immoral act
- Dnever
56When the Present Memory Refreshed Rule is used, what is the witness allowed to use to help him/her recall events observed at the time the crime was committed?
- Athe report a police officer wrote
- Bnotes the witness took at the time
- Ca newspaper story about the crime
- Dall of these can be used to refresh memory
57Young children are allowed to testify at trial only if:
- Atheir age can be verified
- Bthey understand the difference between fact and fantasy
- Cthe child is the only witness to the crime being prosecuted
- Da parent or guardian is present to protect their rights
58A person testifying as a ballistic expert can testify that:
- Apattern of lands and groves indicates the bullet was fired from the defendant's gun
- Btests indicate the defendant fired the bullet that killed the victim
- Cthe ownership of the gun that was tested
- Da ballistic expert would be allowed to testify to all of these
59If a psychiatrist testifies as an expert in a case where the defendant entered a plea of Not Guilty by Reason of Insanity, he/she may give:
- Aprofessional opinion that defendant is insane
- Bdescription of how mental illness likely effected the defendant's behavior
- Cpersonal opinion that the defendant is not responsible for his/her actions
- Dall of these
60When an attorney is laying the foundation for an expert witness, the attorney must establish:
- Ajury needs the help of an expert in order to understand facts of the case
- Bthe expert has previously testified at trial
- Cthe expert has at least 5 years of experience in the field
- Dall of these must be established
61Which of the following DNA tests can only be performed on men?
- ARestricted Fragment Length Polymorphism (RFLP)
- BPolymerase Chain Reaction (PCR) Analysis
- CMitochondrial DNA Analysis (mtDNA)
- DY-Chromosome Analysis
62The purpose of an experiment is to:
- ADetermine what occurs under controlled conditions
- BProve that an event can occur more than once
- CProduce evidence that will obscure the facts of the case
- DAll of these
63Real evidence includes:
- Aphysical items
- Bdocuments
- Cdigital pictures
- Dall of these are types of real evidence
64At trial, the first step in laying the foundation for the introduction of a gun is to have someone:
- Aidentify the gun being introduced at trial and testify where it was found
- Bidentify the gun being introduced at trial as the gun found in the possession of the defendant
- Cidentify the gun being introduced at trial as the one the defendant used while committed the crime he/she is now charged with committing
- Didentify the gun and explain the results of tests they conducted on it
65Age progression photography is used to:
- Aproduce a picture showing what a person probably looks like many years after a given photograph was taken
- Bidentify fake IDs where minors are trying to pass as adults
- Cproduce a picture of what a person probably looked like based on a skull
- Dall of these can be done with age progression photography
66In order for the results of a test crash of two cars to be admissible in court:
- Athe experiment must be conducted jointly by prosecution and defense experts
- Bspeed, road conditions, weather, and other variables should be the same as they were in the case where the results of the test crash will be used
- Cboth sides must stipulate in advance that the test will be admissible
- Dthe vehicles must not violate any laws, including the Vehicle Code, when the test is conducted
67A forensic accountant would most likely be used in the investigation of:
- Acomputer fraud
- Bembezzlement
- Cprice fixing
- Dall of these would need the testimony of a forensic accountant
68Under the Federal Rules of Evidence, experiments:
- Amust follow a rigid set of standards
- Bare treated the same as any other type of evidence
- Cnot admissible in federal court
- Dare admissible if the person who conducted them qualifies as an expert witness
69When collecting evidence at the crime scene:
- Aall items should be placed in the same type of package so that they can be easily identified in the evidence room
- Bthe test that is likely to be run on each item should be considered so the item can be preserved appropriately
- Call items should be placed in one large package so that all evidence of the crime stays together
- Dnone of these
70Polygraph results are admissible in criminal trials:
- AFederal but not state court
- BWhenever there is a Miranda waiver before the polygraph is given
- CWhenever the examiner did a valid pre-test
- DUsually not admissible in court
71Which of the following has been subject to the most controversy regarding using DNA testing in criminal cases?
- Achallenges to the theoretical validity of "DNA fingerprint"
- Bcontamination of the DNA sample at the crime scene
- Ccontamination of the DNA in the laboratory
- Dcalculations based on the current database
72Comparing 2011 to 1968, it is now easier to have latent prints examined because:
- Awe now have more people who specialize in print comparison
- Bwe have a larger data base to search
- Ccomputers can assist with the comparison
- Dall of these are correct
73A forensic anthropologist:
- Astudies the forensic abilities of different cultures
- Bstudies the development of forensics over many centuries
- Cexamines decomposed bodies and makes estimates of race, gender, and age
- Dall of these are correct
74A psychiatrist can testify about what the defendant said while under hypnosis because:
- Ahypnosis is a recognized tool in the field of psychiatry
- Bpsychiatrists have more training in hypnosis than people in other fields
- Cpsychiatrists have more training in detecting when a person is not telling the truth
- Dstatements made under hypnosis are admissible no matter who testifies about them
75If there is a question about the admissibility of new type of scientific test at trial, the judge will:
- Ahold a voir dire hearing
- Bhold a probable cause hearing
- Cadmit the test results if the expert has a good reputation for honesty
- Dtell the jurors to infer the test is valid unless they have a reasonable doubt about its accuracy
76Crime scene sketches should:
- Abe drawn to scale
- Bindicate all doors, windows, streets, etc. in the area
- Cshow distance between all relevant objects in the drawing
- Dall of these should be in the sketch
77When a gun is referred to as a rifled firearm, it means:
- Ait has a long barrel like a rifle
- Bit shoots ammunition specifically made for rifles
- Cits barrel has lands and grooves
- Dall of these must be present for a weapon to be considered rifled
78When testing a 55-gallon drum full of pills seized during a narcotics raid, representative sampling techniques should be used because:
- Athe purity of illegal made drugs is questionable
- Bthe contents of the drum is presumed to be homogeneous
- Ccourts require random testing
- Dall of these
79At trial, the results of the test can be successfully challenged:
- Aif a new employee did it for the first time
- Bif the supervisor did not sign the report
- Cif the test equipment was defective
- Dall of these
80Two bullets fired from the same gun may not have similar striations because of::
- Arust in the barrel of the gun
- Balternations to the barrel of the gun
- Ca cheap gun that has fired a large number of rounds causes wear that changes the striations
- Dall of these can cause different striations
81Which of the following has made it much more difficult for a forensics document examiner to determine whether a document was typed on a specific typewriter?
- Atypewriter manufacturers outsource the production of typebars
- Binterchangeable typing elements
- Cincreased use of laser printers
- Dall of these
82When introducing documents at trial, "secondary evidence":
- Ais any document used to support the testimony of a witness
- Bis testimony introduced when documents are not available
- Cduplicates the original item
- Dall of these
83The fact that ink manufacturers include unique, nontoxic chemical markers in their ink each year makes it possible to determine:
- Awhen a document was signed
- Bwhen a the pen used to sign the document was made
- Cwhen the ink on a document was produced
- Dall of these
84Parol evidence about the content of a document is:
- Aany copy of the document other than the original
- Btestimony introduced when no documents are available
- Ca photocopy of the original document made in the line of business
- Dall of these are admissible as parol evidence
85A photograph can be introduced at trial by the testimony of:
- AThe person who took the photograph
- BSomeone who was present when the picture was taken
- CAnyone who is familiar with the scene and can testify that the photograph accurately depicts the scene
- DAn expert must testify that the picture has not been altered
86Which of the following is NOT self-authenticating under the Federal Rules of Evidence?
- Adomestic public documents not under seal
- Bnewspapers and periodicals
- Ccommercial paper and related documents
- Dunofficial publications
87A lay person can take the witness stand and identify the handwriting on a document:
- Aonly if the witness saw the person write the entire document
- Bonly if the witness has been familiar with the person's handwriting for at least 10 years
- Conly if the witness is familiar with the handwriting of the person in question
- Donly forensic handwriting examiners are allowed to identify handwriting
88The Best Evidence Rule was established in England in order to:
- Aprevent fraud in the introduction of documents in court
- Bstop perjury by expert witnesses
- Csubpoena all witnesses who had evidence about an issue before the court
- Dimprove the efficiency of the criminal courts
89A forensic documents examiner can tell someone altered a document and determine what the document originally said:
- AIf a razor blade was used to remove what a part of the document originally said
- BIf sandpaper was used to remove what a part of the document originally said
- CIf chemicals were use to obliterate portions of the original document
- Dno matter what technique was used
90In legal terms, "photographs" includes:
- Aphotostatic copies
- BX-ray films
- Celectronic recordings
- Dall of these
91Rule 1002 of the Federal Rules of Evidence mandates the original be produced in court when establishing the contents of a writing, recording or photograph. If the writing in question is stored on a computer, the side wishing to introduce it must produce:
- Aa computer printout
- Bthe computer hard drive that document is stored on and a computer printout
- Ca computer printout and expert witness who can explain how the data was stored
- Dthe computer hard drive and an expert witness who can explain how the data was stored
92For computer generated animation depicting the crime to be admissible at trial:
- Aa computer software engineer must testify about the formulas used to produce the animation
- Ball evidence depicted in the animation must be relevant and to scale
- Can eyewitness to the crime must testify that the depiction is accurate
- Dall of these are required
93A notarized document is self-authenticating if:
- Ait is signed by a senior notary
- Bthe notary attaches a statement that states what the document is intended for
- Cthe person who made the document signs a statement that states what the document is intended for
- Dnotarized documents are not self-authenticating
94A certified copy of a court document is usually signed by:
- Asomeone in the court clerk's office in the court where the document originated
- Bthe Judge who presided over the trial
- Cthe Chief Justice of the state's highest court
- Dthe court reporter
95In legal documents, the term "writing" refers to:
- Adocuments that are handwritten
- Bmaterial that is produced on a printer
- Celectronic recordings
- Dall of these
96Under the Federal Rules of Evidence, what is the minimum age a document needs to be in order to be treated as an ancient document?
- A10 years old
- B20 years old
- C30 years old
- D40 years old
97Which of the following would be considered public records?
- Abirth certificate filed with the county by the doctor who delivered the baby
- Bdeath certificate filed by the County Coroner
- Creport of child abuse filed by a "mandatory reporter"
- Dall of these are considered public records
98How many matching characteristic must a forensic document examiner find before he/she can state that the handwriting exemplar and the document in question were most likely written by the same person?
- AThere is no set number of matching characteristics.
- B10 matching characteristics
- C20 matching characteristics
- DAll the handwriting characteristics in the document in question must be matched to the handwriting exemplar.
99A three-dimensional model of the crime scene:
- Awould never be allowed in a criminal trial
- Bwould be allowed if it is done to scale
- Cwould be allowed only if both sides stipulated to admitting it
- Dwould be allowed only if the person who made it testified
100Which of the following is an accepted way of authenticating a document at trial?
- Atestimony of forensic document examiner
- Btestimony of a person who observed the document being signed
- Ctestimony of a clerk who typed the document
- Dall of these
101To be admissible under the Past Recollection Recorded Exception to the Hearsay Rule, the person who made the document:
- AMust testify in court
- BMust be unavailable to testify in court
- CMust have made a dying declaration
- DMust have no memory of the event in question
102The fact that a person's time card was not stamped, can be used as:
- Aabsence of a business record
- Badmission by an agent
- Ctacit admission
- Dall of these
103A hearsay declarant is considered unavailable as a witness at trial if:
- AThe declarant cannot testify because the statements are privileged
- BThe declarant no longer recalls the statement
- CThe declarant cannot attend court due to severe mental illness
- DAll of these qualify as unavailable witnesses
104The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:
- Aagainst a pecuniary interest
- Bself-incriminating
- Cinvalidates a civil claim
- Dall of these qualify for this Exception to the Hearsay Rule
105The Business Records Exception to the Hearsay Rule applies to:
- Abusinesses
- Bgovernment agencies
- Cschools
- Dall of these qualify for this Exception to the Hearsay Rule
106Statements police obtain from the crime victim are admissible at a criminal trial:
- AOnly if they qualify as excited utterances
- BOfficer may testify about nontestimonial hearsay statements made by victim
- COfficer may testify about testimonial hearsay statements made by victim
- DVictim's statements admissible only if the victim testifies
107Admissions of a party to the case are admissible in court:
- AOnly if introduced by the opposing party
- BAdmissible in civil cases but the Fifth Amendment prohibits their use in criminal trials
- CAdmissible to impeach a party that testifies but not as evidence of guilt
- DAdmissible by either side as long as the statements are documented
108A co-conspirator's statement can be used at the trial of the other conspirator:
- Aonly if the co-conspirator refuses to testify
- Bonly if both conspirators are on trial at the same time
- Conly if the statement was made to the police
- Donly if the statement was made during the course of the conspiracy
109Which portions of a police report are admissible under the Public Records Exception to the Hearsay Rule:
- AThe entire report if it was made under oath
- BThe entire report as long as it was made in the line of duty
- CFirsthand observations of the officer
- DFirsthand observations of the officer and statements made by eyewitnesses
110The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:
- AA preliminary hearing in the same case
- BAny criminal or civil proceeding in the same jurisdiction
- CA previous trial of the same defendant on any type of charges
- DAll of these would qualify
111Which of the following statements best describes the decisions of the U. S. Supreme Court since 2000 about the use of hearsay in criminal trials?
- AThe Supreme Court has not changed the rules on using hearsay at criminal trials.
- BHearsay is no longer admissible if the declarant does not take the witness stand.
- CTestimonial hearsay is no longer admissible if the declarant does not take the stand.
- DHearsay is no longer admissible at criminal trials.
112To be admissible under the Reputation Exception to the Hearsay Rule, the statement:
- Amust be offered to rehabilitate a witness
- Bmust contain specific examples of the character trait at issue
- Cmust be based on reputation among associates or in the community
- Dthere is no Exception to the Hearsay Rule for reputation
113An adoptive (tacit) admission is:
- AA gesture or non-verbal communication
- BFailure to deny allegation
- CActively endorsing another person's statement as one's own opinion
- DWritten statement admitting guilt
114The Ancient Documents Exception to the Hearsay Rule is used:
- ATo admit old documents that have been treated as though they are authentic
- BTo settle disputes when it appears old documents have been altered
- CWhen scholars want to trace the common law
- DNone of these
115How does a spontaneous statement differ from a contemporaneous declaration?
- AContemporaneous declarations can be made in response to questions but spontaneous statements can not
- BSpontaneous statements must be made orally but contemporaneous declarations can be either oral or written
- CContemporaneous declarations can be made with law enforcement officers present but spontaneous statements can not
- DSpontaneous statements are admissible at trial but contemporaneous declarations are not
116What records are admissible under the Business Records Exception to the Hearsay Rule?
- AAll data in the company's information system
- BReports made based on the firsthand knowledge of the person making the report
- CAll data the company is required by law to retain
- DAll of these
117To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:
- Amust be spontaneous
- Bmust relate to current mental state
- Cmust relate to cause of impending death
- Dall of these must be present for this Exception to the Hearsay Rule
118Which of the following are admitted under the Vital Statistics Exception to the Hearsay Rule?
- Abirth certificate
- Bmarriage certificate
- Cdeath certificate
- Dall of these fall under the Vital Statistics Exception to the Hearsay Rule
119When would a statement made to a police officer qualify under the Spontaneous Statement Exception to the Hearsay Rule?
- Awhen suspect is detained in the field and only asked a few questions
- Bwhen victim makes statement before officers asks him/her questions
- Cafter suspect who is in custody waives Miranda rights
- Dall of these qualify for this Exception to the Hearsay Rule
120Under the Mental and Physical State Exception to the Hearsay Rule, the statement must be about:
- ACurrently existing mental or physical state
- BPhysical or mental pain and suffering at that moment
- CIntent to commit a crime
- DPreviously existing mental or physical state
121When the defense files a motion demanding to see the personnel file of the arresting officer, the judge will:
- Areview the personnel file in camera before announcing a decision
- Border the Grand Jury to investigate the allegations
- Csend the case to an appellate court
- Dorder the Internal Affairs unit of the Police Department to provide the reports
122The privilege for confidential communications between husband and wife applies to conversations occurring:
- Aonly if husband and wife are the only people present
- Bwith husband and wife and their very young children present
- Cwith husband and wife and members of the immediate family present
- Dwhenever husband and wife speak about a confidential subject
123When the defense demands to know the identity of a police informant, the judge will review the evidence about the police informant:
- Aat trial
- Bin the judge's chambers
- Cwith the Grand Jury
- Dwith the appellate court
124A confidential attorney-client conversation would remain privileged even though the client was accompanied by their:
- Aspouse
- Bbusiness manager
- Cmother
- Dall of these
125Statements made during the initial conference with an attorney are:
- Anot covered by the attorney-client privilege
- Bcovered by the attorney-client privilege only if the client retains the attorney to represent him/her
- Ccovered by the attorney-client privilege only if the conference was with the Public Defender
- Dcovered by the attorney-client privilege
126A privilege covers:
- Aface-to-face conversations.
- Btelephone calls.
- Cmessages sent by fax.
- Dall of these.
127The physician-patient privilege belongs to:
- Aphysician
- Bpatient
- Cwhoever pays the bill
- Dall of these hold the physician-patient privilege
128In which of the following situations would the defense have a right to know if a police officer's personnel file contains complaints about the officer's on-duty conduct?
- AIf the officer will testify at the defendant's trial.
- BIf the officer has been on the department for over 5 years.
- CIf the defendant was arrested for battery on the officer but claims he/she acted in self defense.
- DAll of these are all reasons the defendant would have access to the information.
129The clergy-penitent privilege currently applies:
- Aonly to statements made in the confessional.
- Bto all private conversations between clergy and members of their congregation.
- Cto confidential communications for religious guidance in compliance with the denomination's doctrines.
- Donly to confidential conversation between a member of the clergy and members of his/her congregation.
130Historically, which of the following were exceptions to the clergy-penitent privilege?
- Aacts that violated the doctrines of the denomination involved
- Bphysical injury to members of the immediate family
- Cincest and child abuse
- Dhistorically there were no exceptions to this privilege
131A defendant waives a privilege by:
- Aentering a plea of not guilty
- Bterminating the privileged relationship
- Ctelling someone what was said during a privileged conversation
- Dall of these would result in waiving a privilege
132The privilege for confidential communications between husband and wife cannot be invoked if the husband is charged with:
- Adomestic violence against his wife
- Bchild abuse against his step-children
- Cbigamy
- Dall of these
133The First Amendment freedom of the press has been interpreted by the U.S. Supreme Court as establishing a privilege for reporters:
- Aidentity of all sources are privileged
- Bonly sources requesting confidentiality are privileged
- Conly sources who need immunity from criminal prosecution are privileged
- Dthere is no constitutional privilege for the media
134The physician-patient privilege applies if the patient consults the doctor for the purpose of:
- Adiagnosis
- Btreatment
- Cobtaining a "second opinion"
- Dall of these are covered by the privilege
135An attorney who has had a privileged conversation with a client can be compelled to disclose:
- Anames and dates of consultations
- Breason for the consultation
- Ccopy of retainer agreement
- Dall of these
136Which of the following is an exception to the privilege not to testify against a spouse?
- Aspouse abuse
- Babuse of the spouse's children
- Cfailure to pay child support
- Dall of these are exceptions
137When the President of the United States invokes Executive Privilege, it is presumed:
- Athat the President has the right to invoke the privilege
- Bthat the President must reveal the requested information if requested by Congress
- Cthat the President must reveal the requested information if requested by a federal judge
- Dthat the President must reveal the requested information if requested by the media
138The statutory privilege that protects reporters from going to jail for refusing to reveal the sources applies to:
- Anames of the individuals who were interviewed
- Binformation used for background for a story that was published
- Cnotes about information the reporter did not include in the published article
- Dall of these are covered
139The privilege not to testify against a spouse can be invoked:
- Aonly while the husband and wife are actually married
- Bas long as husband and wife were married at the time of the conversation in question took place
- Cin all cases except divorce cases
- Din civil court but not at a criminal trial
140If a defendant invokes the privilege against self-incrimination and refuses to testify at trial, the prosecutor should:
- Aargue to the jury during closing arguments that they can infer guilt from the defendant's refusal to tell his/her side of the case.
- Bask the judge to cite the defendant for contempt of court.
- Creport the defense attorney to the bar association.
- Dmake no comment on the defendant's invocation of his/her rights.
Información
- Descripción
- College Law Test sobre CRJ114 Midterm, creado por Maddy Zych el 01/12/2020.
- Autor
- Maddy Zych
- Idioma
- English
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