Law and Evidence-Exam 2

An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused

Absolute

The ________-client privilege was the first privilege recognized at common law

Attorney

The oldest confidential communication privilege known to the common law was the _____ privilege

Attorney-client

There is an exception to the psychotherapist-patient privilege for _______ patients

Dangerous

The privilege against self-incrimination is found in the _______ Amendment

Fifth

The U.S. Supreme Court has not rejected arguments that the _______ Amendment created a reporter-source privilege

First

By using _______, "the cross-examiner intends to afford the jury a basis to infer that the witness' character is such that he would be less likely than the average trustworthy citizen to be truthful in his testimony"

Impeachment

Prosecutors have a privilege not to reveal the identity of confidential ________

Informants

The husband-wife (marital) privilege

Is recognized in all jurisdictions

The oldest application of judicial notice is for

Matters generally known within the community or state

Defendants who decide to testify at their trial

May be cross-examined

Federal statutes give federal employees a privilege not to reveal

Military or diplomatic secrets vital to national security

Judicial ______ is an exception to the traditional methods of presenting evidence

Notice

The Fifth Amendment privilege against self-incrimination is the _______ privilege that have been incorporated into the U.S. Constitution and many states constitutions

Only

Adults are generally ______ to be competent witnesses

Presumed

Adult witnesses are

Presumed competent unless shown to be incompetent

Defendants who testify at their trial wave their _______ against self-incrimination

Privilege

The _______ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice

Privilege

After a witness is subject to cross-examination, the party that called then originally may ask further questions under ______ examination.

Redirect

The term, "Exemplar" means a ________

Sample

A criminal defendant's right to confront and cross-examine witnesses is found in the ____ Amendment

Sixth

A subpoena duces ______ commands a witness to appear and bring certain things with them

Tecum

People can assert the privilege against self-incrimination only for ________ evidence

Testimonial or communicative

Voir Dire is a French term that means, "To speak the ______"

Truth

Children and other witnesses whose competence is questioned will usually be subjected to a(n) ______ examination

Voir Dire

As fact finders, the jury alone determines the ______ given to all evidence

Weight

Which of the following is an exception to the marital privilege

When one spouse has committed a crime against another

The 1670 jury trial of ____ in England was an important milestone in establishing the independence of juries from influence by the government.

William Penn

In jurisdictions with a psychotherapist-patient privilege, there is usually an exception for

Dangerous patients

The conduct or attitude of a witness is called their "________"

Demeanor

The physician-patient privilege

Did not exist at common law

Questioning of a witness by the party that called the witness is called _____ examination

Direct

As fact finders, the jury determines whether sufficient _______ exists to justify a verdict of guilty

Evidence

A subpoena duces tecum is a subpoena that orders the person to

Bring certain items or records with them to court

The privilege against self-incrimination applies only to testimonial or ________ evidence

Communicative

In general, only _____ witnesses may testify as to their opinions or conclusions

Expert

In general, to be deemed a competent witness, the witness must, among other things,

Have personal knowledge of the matters.

Prosecutors generally have a right not to reveal the

Identity of confidential informants

The privilege against self-________ is found in the Fifth Amendment

Incrimination

To be admissible, testimony must be relevant, competent, and ______

Material

Many states have a _____ privilege, meaning a journalist can refuse to disclose sources, but must make available other information acquired through reporting activities

Qualified

About ______ of the states have statues defining the clergy-penitent privilege, with few other states recognizing the privilege by the courts decisions

Two-thirds

Expert testimony based on handwriting analysis is generally ________ in both federal and state courts under Federal Rules of Evidence 702 and similar state rules

Admissible

The trial judge determines the ______ of a witness

Competence

Under the Sixth Amendment, the defendant has a right to _______ and cross-examine witnesses

Confront

Questioning of a witness by the opponent of the party that called that witness is called ______ examination

Cross

Judicial notice is permitted

In all jurisdictions

It has been held that courts should not take ______ of facts that are an element of the crime charged or serve as the basis for increased prison sentences

Judicial notice

In a jury trial, it is the duty of the _______ to assess the credibility of the witnesses and the weight to be given in the testimony

Jury

If a party believes that a question posed by the opponent is improper, that party must make a/n ______ to that question

Objection

To be deemed a competent witness, the witness must have the capacity to

Observe, remember, narrate, and understand the obligation to be truthful.

A person can assert the privilege against self-incrimination

Only at the grand jury

Many states recognize a clergy-______ privilege

Penitent

To be deemed a competent witness, the witness must generally have _______ knowledge of the matters to which they testify

Personal

The attorney-client privilege does not apply when the client informs the attorney of

Planned crimes

The primary notice of judicial notice is to

Save time and effort

Courts have long held that judicial notice may be taken of _______ theories that have been so established that they have "attained the status of scientific law"

Scientific

A criminal defendant's right to compel the appearance of witnesses at trial is found in the ____ Amendment

Sixth

Children may testify only if

The judge allows them to testify after the child is questioned (Voir Dire)

An ordinary witness may give an opinion about

Things, which are in common knowledge of most people