Chapter 27-Rules of Evidence

_____ is considered final and not to be overcome by contradictory evidence. a. A conclusive presumption b. An expert opinion c. A rebuttable presumption d. Judicial notice

a. A conclusive presumption

All of the following rules concerning the corpus delicti are true except: a. A confession can be used to establish it. b. It must be sustained before there can be a conviction. c. It does not have to be proven beyond a reasonable doubt. d. Confessions of co-accused may be used to establish it.

a. A confession can be used to establish it.

_______ is an utterance concerning the circumstances of a startling event by an individual in a condition of excitement, shock, or surprise. a. A spontaneous exclamation b. A dying declaration c. Res gestae d. Fresh complaint

a. A spontaneous exclamation

______ is the discrediting of a witness. a. Impeachment b. A presumption c. Judicial notice d. Burden of proof

a. Impeachment

The "best evidence" rule, which governs the admissibity of documents as evidence, requires that where available of a document should be submitted. a. an original b. a copy c. either an original or a copy d. both an original and a copy

a. an original

A fact or circumstance from which one may infer another fact at issue is called evidence. a. direct b. circumstantial c. real d. material

b. circumstantial

A hears a shot and sees B emerge from a room with a gun in his hand and finds C's body on the floor. A's testimony would be ____ evidence. a. direct b. circumstantial c. real d. immaterial

b. circumstantial

In legal terms, the understanding of the importance and consequence of telling the truth is called moral: a. development. b. competency. c. intelligence. d. perception.

b. competency.

The essence of circumstantial evidence is: a. probability b. inference. c. immediate experience. d. relevance.

b. inference.

Aside from several exceptions, the general rule is that opinion evidence _____ admissible in a trial. a. can be b. is not c. is for the most part d. is always

b. is not

Evidence to be admissible must be significant and related to an issue, in other words: a. direct and circumstantial. b. material and relevant. c. competent and admissible. d. important and relative.

b. material and relevant.

The rules of evidence are designed to _____types of information that tend to be irrelevant or to confuse the issues. a. accept b. screen out c. consider d. infer

b. screen out

Under exceptional circumstances when the original is unavailable, copies, carbons, and duplicates may be admissible as: a. an official record. b. secondary evidence. c. a deposition. d. not the "best evidence."

b. secondary evidence.

The prosecution may introduce a defendant's previous crimes as evidence for the present crime by showing: a. that it is very difficult for a criminal like the defendant to reform. b. that the present crime is part of a pattern of previous crimes. c. that he is the type of person who would commit this crime. d. that he probably has committed a number of crimes.

b. that the present crime is part of a pattern of previous crimes.

All of the following are examples of privileged communication except: a. informants reporting to public officers. b. transcripts of interrogations. c. deliberations of a grand jury. d. diplomatic correspondence.

b. transcripts of interrogations.

Before a conviction can be sustained, the prosecution must establish the corpus delicti, which means that: a. a body has been identified in a homicide case. b. a defendant has been charged with a crime. c. at least some law has been broken. d. the crime was committed.

d. the crime was committed.

The layman may express an opinion on matters of common observation such as all of the following except: a. physical properties such as color, weight, and size. b. estimates of a person's age. c. the emotional state of a person. d. the medical condition of a person.

d. the medical condition of a person.

A sees B shoot C. A's testimony would be _____ evidence. a. direct b. circumstantial c. real d. immaterial

a. direct

An eyewitness account of a criminal act is _____ evidence. a. direct b. circumstantial c. real d. material

a. direct

The function of the rules of exclusion is to limit the evidence a witness may present to those things of which he has: a. direct, sensory knowledge. b. read and studied. c. formed an opinion about. d. heard from reliable sources.

a. direct, sensory knowledge.

The term res gestae literally means: "things which ." a. happened b. were said c. were thought d. were implied

a. happened

If evidence is irrelevant, it: a. is not related to an issue. b. does not truly reflect the facts. c. does not affect an issue significantly. d. does not involve real evidence.

a. is not related to an issue.

The defendant may introduce evidence of his own good character and reputation to show: a. the probability of his innocence. b. that he deserves a second chance. c. that he has many fine qualities. d. that often good people make mistakes.

a. the probability of his innocence.

The Fifth Amendment privilege against self-incrimination prohibits compelling a person to give the following type of evidence: a. verbal and other communications in which knowledge of a matter is expressed. b. the utterance of any words for any reason even for a voiceprint. c. personal evidence such as trying on clothes or participating in a line up. d. scientific tests in which samples of blood, urine, saliva, or breath are taken.

a. verbal and other communications in which knowledge of a matter is expressed.

A fresh complaint is a statement made within a reasonable time after a sexual offense by the: a. victim. b. suspect. c. witness. d. any of the above.

a. victim.

All of the following are rebuttable presumptions except: a. Everyone is presumed to be innocent. b. Everyone is presumed to know the law. c. Everyone is presumed to be sane. d. Everyone intends the natural consequences of his actions.

b. Everyone is presumed to know the law.

All of the following are exceptions to the hearsay rule except: a. a confession. b. an interrogation statement. c. a failure to deny an accusation before apprehension. d. a dying declaration.

b. an interrogation statement.

Aside from several exceptions, the general rule states that testimony concerning a person's character and reputation ______ be introduced for the purpose of raising an inference of guilt. a. can b. cannot c. for the most part can d. can always

b. cannot

Hearsay evidence is derived from what the witness ____ the crime in question: a. heard himself at b. was told by others about c. personally experienced at d. theorized about

b. was told by others about

_____ is a justifiable inference which shifts the burden to the opposing party to establish contradictory facts. a. Hearsay evidence b. An opinion c. A presumption d. Circumstantial evidence

c. A presumption

______is a justifiable inference that can be overcome by proof of its falsity. a. A conclusive presumption b. An expert opinion c. A rebuttable presumption d. Judicial notice

c. A rebuttable presumption

Hearsay evidence is excluded for all of the following reasons except: a. The author of the statement is not present and under oath. b. The defendant is not given the right to confront his accuser. c. A witness will usually distort or misrepresent any information that he does not obtain directly. d. There is a possibility of error in the passage of information from one person to another.

c. A witness will usually distort or misrepresent any information that he does not obtain directly.

All of the following activities of an undercover investigator are legal except: a. employing a "decoy" to be a victim of a crime. b. supplying an opportunity to commit a crime. c. arranging transportation to and from a crime. d. pretending to fall in with the criminal's plan.

c. arranging transportation to and from a crime.

The testimony of a witness, who will be unable to attend court at the time of trial, may be formally reduced to writing and is ordinarily admissible. This is called a: a. testimonial utterance. b. res gestae. c. deposition. d. privileged communication.

c. deposition.

If evidence is immaterial, it: a. is not related to an issue. b. does not truly reflect the facts. c. does not affect an issue significantly. d. does not involve real evidence.

c. does not affect an issue significantly.

The term _____ includes all the means by which an alleged fact is established or disproved. a. testimony b. admissibility c. evidence d. law

c. evidence

The essence of direct evidence is: a. probability. b. inference. c. immediate experience. d. relevance.

c. immediate experience.

As a general rule, the court will not require proof of matters of general knowledge, such as historical and geographical facts. This is called: a. impeachment. b. a presumption. c. judicial notice. d. burden of proof.

c. judicial notice.

In legal terms, the ability to see, recall, and relate is called: a. cognitive awareness. b. perceptual intelligence. c. mental competency. d. perception.

c. mental competency.

All of the following are exceptions to the rule prohibiting hearsay evidence except: a. dying declaration. b. spontaneous exclamation. c. opinion evidence. d. documentary evidence.

c. opinion evidence.

Before an expert can render an opinion in court about a technical matter in his specialty he must first demonstrate to the court his: a. knowledge. b. experience. c. qualifications. d. good character.

c. qualifications.

When evidence tends to prove the truth of a fact related to an issue, it is: a. circumstantial. b. direct. c. relevant. d. material.

c. relevant.

Evidence that involves the intervention of the mind is considered evidence, and hence, its compulsion is prohibited. a. physical b. psychological c. testimonial d. nontestimonial

c. testimonial

_____evidence is the name given to tangible objects, such as guns, fingerprints, and bloodstains, introduced at a trial to prove a fact at issue. a. Admissible b. Material c. Relevant d. Real

d. Real

In order for a dying declaration to be admissible, all of the following conditions must exist except: a. The victim's statement must be concerned with the circumstances of the injury and the identity of the person who caused it. b. The victim must believe he is dying. c. The victim must in fact have died. d. The victim must have sworn under oath to the truth of his statement.

d. The victim must have sworn under oath to the truth of his statement.

As an exception to the general rule, previous acts or crimes of the accused may be introduced in evidence if they tend to show that the defendant: a. is the type of person who would commit this crime. b. is a career criminal who might have committed this crime. c. would have committed this crime if given the opportunity. d. actually committed this crime.

d. actually committed this crime.

The laws of evidence are the rules governing ____ its in court. a. relevance b. significance c. use d. admissibility

d. admissibility

A spontaneous exclamation is admissible when made by: a. a victim. b. a suspect. c. a witness. d. any one of the above.

d. any one of the above.

In criminal cases, the burden of proof means that the prosecution has the task of proving the accused guilty: a. by showing probable cause. b. beyond any doubt. c. with a preponderance of evidence. d. beyond a reasonable doubt.

d. beyond a reasonable doubt.

A(n) ____ witness is one who is eligible to testify. a. intelligent b. significant c. relevant d. competent

d. competent

Entrapping a subject into committing a crime is: a. sometimes necessary. b. just bad police work. c. sometimes legal. d. illegal.

d. illegal.

When the evidence tends to prove a fact that is a significant issue in the case, it is: a. circumstantial. b. direct. c. relevant. d. material.

d. material.

Entrapment is the act of a police officer in inducing a person to commit a crime ____ by him for the purpose of prosecuting him. a. previously attempted c. contemplated b. not previously attempted d. not contemplated

d. not contemplated

Information obtained in certain confidential relationships that will ordinarily not be received in evidence is called a: a. testimonial utterance. b. res gestae c. deposition. d. privileged communication.

d. privileged communication.

All of the following relationships are privileged except: a. husband and wife. b. attorney and client. c. clergyman and penitent. d. psychologist and patient.

d. psychologist and patient.