X2
With some exceptions, the Federal Rules of Evidence only provide for the introduction of non pardoned (or otherwise forgiven) felony convictions of adults within how many years?
10
Number of Federal Regional Circuit Courts
13
There 324 bankruptcy judges in the United States. How many year terms does each judge, of whom have been appointed by the Court of Appeals, per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984, have?
14
Prior to which century did jurors statutorily act as both the triers and the witness of fact?
16
Prior to passage of the Federal Computer Systems Protection Act, federal statutes within what Title of the United States Code was used by law enforcement?
18 U.S.C
Prior to passage of the Federal Computer Systems Protection Act, federal statutes within what Title of the United States Code was used by law enforcement?
18 U.S.C.
A defendant's right to testify at any stage of the defense case was firmly established in what year?
1972
The science of genetic fingerprinting has been used in countless criminal trials since:
1980's
The Computer Fraud and Abuse Act was passed in what year?
1986
The most common judicial challenges confronting the prosecution of computer crime
1st & 4th
Initially, there was how many types of privileges extended to the marital relationship?
2
Number of broad categories of hearsay
2
Number of types of witnesses in criminal court
2
There are how many broad categories of hearsay?
2
There are how many types of witnesses in a criminal court?
2
Judges must determine whether a particular individual possesses the adequate qualifications as well as determining whether expert testimony exists in a certain area. Consequently, the court will ask how many basic questions?
3
The determination of competency hinges on how many primary considerations?
3
The determination of competency hinges on how many primary considerations? Such characteristics are common in such evaluations.
3
The common law principles underlying the recognition of testimonial privileges can be traced back as far as:
3 centuries
The common-law principles underlying the recognition of testimonial privileges can be traced back as far as:
3 centuries
There are how many evaluative schemes in place on the interpretation of the relevance of an item in question according to Mueller and Kirkpatrick (2004)?
4
There are how many general categories of searches which do not require the presence of a warrant?
5
The clergy communicant privilege was recognized as early as the:
5th century
The clergy-communicant privilege was recognized as early as the:
5th century
There are how many primary methods of witness impeachment?
6
Which Amendment contains a Confrontation Clause?
6th
Which Amendment guarantees defendants the right to confront their accusers?
6th
Which Amendment provides that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense?
6th
All defendants have the right to testify in their own behalf as provided by which of the following Amendments?
6th & 14th
When the Federal Rules of Evidence were originally drafted, how many distinct testimonial privileges which had been recognized by the Supreme Court were proposed?
9
Number of Federal Judicial Disctricts
94
Non-hearsay statement
A Statement made by a co-conspirator is considered by the court as:
laying the foundation
A demonstration of sufficient evidence regarding the authenticity and relevance of the proffered item is known as:
Computer animation
A graphic representation of a static object, like a knife or gun is a:
Motions in limine
A motion that is filed prior to opening statements in a trial is known as
Adoptive admission
A statement of which the party has manifested a belief in its truth is known as an
Common tools used in the analysis of indentations, altered or charred documents include all but which one of the following?
AFIS
all of the above
According to legal scholar John Wigmore, privileged communications should only be extended in which of the following relationship?
Fewer patrol officers
Additional expenses or reduction of expenses to law enforcement for forensic software and associated hardware include which of the following?
If you are confronted by statements elements of which are untruthful and choose not to challenge these assertions, your action is admission of guilt by:
Admission by silence
A statement of which the party has manifested a belief in its truth is known as an
Adoptive admission
Lay witness testimony is generally limited which of the following?
All of the above
Miranda warnings are not necessary in which of the following are present?
All of the above
Mistrials may be declared for which of the following reasons?
All of the above
Objections during a trial may be made for which of the following reasons?
All of the above
Professional challenges to the methodology or techniques employed may include:
All of the above
The "rights of the accused" does not attach in which of the following?
All of the above
The Confrontation Clause of the Sixth Amendment provides for the cross-examination of all individuals and entities providing evidence against the accused. The Court has ruled that the introduction of statements made by co-conspirators/co-defendants is permissible only in special situations. Statements or confessions by co-defendants are only admissible against the defendant if:
All of the above
The double jeopardy clause includes three essential protections for American citizens:
All of the above
The testimony of expert witnesses may not invade which of the following issues that the judge or jury is required to decide?
All of the above
To demonstrate competency, a witness testifying must be an individual with personal knowledge who has:
All of the above
Historically, the recognition of the legal sanctity of the marital union of husband and wife has deep roots in:
Anglo Saxon jurisprudence
Historically, the recognition of the legal sanctity of the marital union of husband and wife has deep roots in:
Anglo-Saxon jurisprudence
The double jeopardy clause does all but one of the following?
Attaches in cases in which different standards of proof apply
The oldest recognized privilege under common law was that which existed between:
Attorney & Client
The oldest recognized privilege under common law was that which existed between:
Attorney and Client
prior to opening statements
Attorneys may file motions throughout the trial, but many motions to exclude are heard:
The study of the trajectory or a path of a bullet is known as:
Ballistics
highest legal standard which demonstrates a finding of guilt or proof by tiers of fact in a criminal proceeding
Beyond a reasonable doubt
Computer-generated evidence has been admitted into criminal courts as
Both Substantive evidence and Demonstrative evidence
all of the these
Both private and public entities are reluctant to disclose their victimization because:
Which Court case established limited protections afforded to journalists known as "Shield Laws"?
Branzburg v. Hayes, 408 U.S. 665 (1972)
In what court case did the Court consider whether drawing a sample of blood from an unconscious driver who smelled of alcohol violated the 5th Amendment's protection against compulsory testimony and/or the 14th Amendment's guarantee of due process?
Breithaup v. Abram
Which of the following court cases state that because a State may dispense with a jury trial, it does not follow that it may substitute trial by ordeal?
Brown v. Mississippi
The signing of the United States Constitution signalled a new beginning to the colonies in a variety of ways. It did all but one of the following: a. Guaranteed fundamental rights b. Provided for the election of public officials c. Did not recognize state sovereignty d. Empowered Congress to develop a judiciary
C. Did not recognize state sovereignty
Characteristics that might be considered in the evaluation of a reasonable expectation of confidentiality include:
Character of the crime, Interpersonal relationships between the informant and target, Interpersonal relationships to law enforcement
all of the above
Characteristics that might be considered in the evaluation of a reasonable expectation of confidentiality include:
In which of the following situations would physicians to divulge information?
Child abuse, blood & urine for DUI, venereal disease
Perceptions of computer crime include the misconception that the vast majority of online deviance is:
Child pornography
Prima facie indicia
Co conspirator statements are admissible because they have what kind of reliability?
The importance of truthful testimony did not originate in the United States. One of the oldest and first law noted is:
Code of Hammurabi
AFIS
Common tools used in the analysis of indentations, altered or charred documents include all but which one of the following?
The protection housed within the 5th Amendment applies in which of the following?
Communicative or testimonial
Statutorily, the notion of testimonial privileges in American courts emerged at the same time as:
Compulsory testimony
A graphic representation of a static object, like a knife or gun is a:
Computer Animation
A graphic representation of a static object, like a knife or gun is a:
Computer animation
Identify cryptic passwords (IS= identify viruses, backdoors, and trojan horses)
Computer forensic software packages enable investigators to do all but:
Both Substantive evidence and Demonstrative evidence
Computer-generated evidence has been admitted into criminal courts as
The clergy communicant privilege attaches to that information contained in:
Confessional
all of these
Considerations of the admissibility of evidence in a trial occur throughout the:
Evidence referring to supplementary supporting evidence, which tends to strengthen or confirm extant evidence is known as:
Corroborating evidence
Evidence referring to supplementary supporting evidence, which tends to strengthen or confirm extant evidence, is known as:
Corroborating evidence
Show lack of intent
Courts have consistently held that gruesome photographs may be admitted if the potential is outweighed by the probative value. Justification for their introduction include all but which one of the following?
The demonstration of the veracity of a particular witness is often attempted immediately after:
Cross Examination
The demonstration of the veracity of a particular witness is often attempted immediately after:
Cross examination
all of the above
Cyber criminality is especially attractive to those who will commit which of the following crimes?
When a witness is questioned by the side that called them to testify, this is known as:
Direct Examination
When a witness is questioned by the side, which called them to testify this is known as:
Direct examination
The admissibility of demonstrative evidence is contingent upon a variety of factors including all but which one of the following?
Dissatisfaction of the foundational requirements
The United States Congress has enacted several pieces of legislation which have codified government privileges which address the protection of military, diplomatic, or national security secrets. These acts include all but which one of the following?
Dissemination of Classified Material and Control Act
The United States Congress has enacted several pieces of legislation which have codified government privileges which address the protection of military, diplomatic, or national security secrets. These acts include all but which one of the following?
Dissemination of Classified Material and Control Act (IS= CIPA, FISA, Patriot)
unprinted emails
Documentary evidence includes all but which one of the following?
In which of the following situations does the police informant privilege not apply?
Does not apply once the identity of the informant is revealed, Does not attach in those situations, which are not designed to be confidential., Does not apply to individuals that do not give information to the government
Which of the following is an exception to the Hearsay Rule, which is grounded in the theory that some statements are inherently trustworthy?
Dying Declaration
Which of the following is an exception to the Hearsay Rule, which is grounded in the theory that some statements are inherently trustworthy?
Dying declaration
The attorney client privilege may be traced back to early:
England
The attorney-client privilege may be traced back to early:
England
Originally, which court defined hearsay as any statement to which neither the Crown or the defendant is privy?
English
Originally, which court defined hearsay as any statement to which neither the Crown or the defendant is privy?
English
Framers of the U.S. Constitution adopted much of the legal rationale for privileged communications from:
English Common Law
Which of the following court cases was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired?
Escobedo v. Illinois
"A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony"
FRE 602
Which Federal Rule of Evidence states "A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony?
FRE 602
"before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so"
FRE 603
Which Federal Rule of Evidence provides that, "before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so"?
FRE 603
Either side may impeach a witness, as provided for in which Federal Rule of Evidence?
FRE 607
The Federal Rule of Evidence pertaining to opinion testimony by lay witness is...
FRE 701
Which Federal Rule of Evidence provides a mechanism in which opposing counsel may question or otherwise impeach a witness?
FRE 806
Either side may impeach a witness, as provided for in which Federal Rule of Evidence?
FRE Rule 607
The Federal Rule of Evidence pertaining to opinion testimony by lay witness is:
FRE Rule 701
The Federal Rule of Evidence pertaining to opinion testimony by lay witness is:
FRE- 701
The Federal Rule of Evidence pertaining to opinion testimony by lay witness is:
FRE-701
Which of the following legislation has not increased the scope and authority afforded to law enforcement?
Federal Computer Systems Protection Act
The Judiciary Act of 1789 was an attempt to establish a strong
Federal Court System
Additional expenses or reduction of expenses to law enforcement for forensic software and associated hardware include which of the following?
Fewer patrol officers
Which Amendment affords American citizens the freedom from impressment of personal property and the prohibition against self-incrimination?
Fifth
Which Amendment includes provisions and/or prohibitions regarding double jeopardy?
Fifth
Lay witnesses may offer opinion evidence in all but one of the following areas except a. Handwriting b. Voice identification c. Firearms d. General statement regarding speed of vehicles
Firearms
Lay witnesses may offer opinion evidence in all but one of the following areas:
Firearms
Lay witnesses may offer opinion evidence in all but which one of the following areas?
Firearms
The most common judicial challenges confronting the prosecution of computer crime involve the:
First and Fourth Amendments
Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court?
First hand
Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court?
First hand
Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court?
Firsthand
In which of the following ways might a defendant obstruct justice?
Fleeing the scene, threatening witness, concealing evidence
The "bright line rule":
Forbade future questioning so that the authorities were not able to wear down the accused and persuade him to incriminate himself notwithstanding his earlier request for counsel's assistance
The Fifth Amendment, and all of the provisions contained therein, were applied to state courts through which Amendment in 1964?
Fourteenth
The right to due process is guaranteed to all citizens in all courts through the incorporation of which Amendment?
Fourteenth
For American citizens, the protection from unlawful detainment, inquiry, and search resides firmly within what Amendment?
Fourth Amendment
English Common Law
Framers of the U.S. Constitution adopted much of the legal rationale for privileged communications from:
Cyber criminality is especially attractive to those who will commit which of the following crimes?
Fraud, theft, misappropriation of funds
In which of the following court cases did the court establish a legal standard when they recognized the difficulty in evaluating new technology and science?
Frye v. US
In which of the following court case did the court establish a legal standard when they recognized the difficulty in evaluating new technology and science?
Frye v. United States
nuclear
Fungible evidence includes all but which one of the following?
all of these
Gunshot wounds are divided into which of the following categories?
Anglo Saxon jurisprudence
Historically, the recognition of the legal sanctity of the marital union of husband and wife has deep roots in:
Computer forensic software packages enable investigators to do all but:
Identify Cryptic Passwords
Computer forensic software packages enable investigators to do all but:
Identify cryptic passwords (IS= identify viruses, backdoors, and trojan horses)
Nonverbal assertion
If a witness testifies that when she asked where her brother was, her friend pointed to the trunk of his car where the body of her murdered brother was, this is known as what type of statement?
Which of the following is not an exception to the psychologist patient privilege?
If there is an immediate threat that the patient will harm himself or others, If state or federal law requires disclosure ,For communications relevant to an issue of the treatment of the patient in any proceedings in which the treatment is an element of a claim or defense
Admission by silence
If you are confronted by statements elements of which are untruthful and choose not to challenge these assertions, your action is admission of guilt by:
all of the above
In order for a witness to be declared "unavailable" due to testimonial privilege, they must first present which of the following legal justifications?
Jafee v. Redmond
In what case did the Court recognize the concept of psychoanalysis, which requires complete disclosure for effective treatment?
all of the above
In which of the following situations does the police informant privilege not apply?
all of the above
In which of the following situations would physicians to divulge information?
all of the above
In which of the following ways might a defendant obstruct justice?
To demonstrate competency, a witness testifying must be an individual with personal knowledge who has:
Independently recollect, competently determine fact from fiction, adhere to veracity
2
Initially, there was how many types of privileges extended to the marital relationship?
In order for a witness to be declared "unavailable" due to testimonial privilege, they must first present which of the following legal justifications?
Insufficient memory, absence, infirmity
In what case did the Court recognize the concept of psychoanalysis, which requires complete disclosure for effective treatment?
Jafee v. Redmond, 518 U.S. 1 (1996)
Father of evidence law in the United States
John Wigmore
Problems associated with prosecution of computer crimes include all but which one of the following
Jurisprudential consistency
Problems associated with prosecution of computer crimes include all but which one of the following?
Jurisprudential consistency
Prosecuting attorneys have displayed great reluctance in pursuing computer related criminals because of which of the following reasons?
Lack of cooperation associated with extradition requests involving computer related crime., Victims have often displayed equal reluctance in cooperation., Labor intensive nature of case preparation
three
Latent prints, or those that are accidentally deposited on a surface, come in how many varieties?
The presence of which of the following, during a communication between an attorney and client, eliminates the attorney client privilege?
Law clerks, admin. Assistants, investigators
A demonstration of sufficient evidence regarding the authenticity and relevance of the proffered item is known as:
Laying the foundation
Cross examination is conducted by opposing counsel. This is done after the conclusion of the direct examination and is usually limited to:
Leading Questions
Cross-examination is conducted by opposing counsel. This is done after the conclusion of the direct examination and is usually limited to:
Leading questions
The passage of the ___________ in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law. a. Sacra Romana Rota b. Magna Carta c. Doctrine of Stare Decisis d. Code of Hammurabi
Magna Carta
Crimes, with behaviors which are not naturally immoral but whose wrongness lays in their legal prohibition
Mala Prohibita
Crimes are defined as behaviors, which are inherently wrong or immoral in and of themselves
Mala in se
The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. They include all but which one of the following?
Mandatory compulsion, mandatory oaths, direct testimony
In which Court case did the Court examine whether the Confrontation Clause of the Sixth Amendment includes an absolute right to confront one's accuser face to face?
Maryland v. Craig
Evidence is available in many forms
Material objects, scientific analysis, and eyewitness accounts
Out-of-court statements made by a party to the case [in criminal cases, the defendant(s)] are not considered to be hearsay as they are actually made by the defendant themselves. They fall into all but one of the following categories:
Mental Anguish
Out of court statements made by a party to the case [in criminal cases, the defendant(s)] are not considered to be hearsay as they are actually made by the defendant themselves. They fall into all but one of the following categories:
Mental Anguish (IS= admission by silence, adoptive admissions, admission by conduct)
Which of the following Supreme Court cases created a three pronged test for analysis of questioned material affecting the First Amendment?
Miller v. California, 413 U.S. 15 (1973)
Which of the following Supreme Court cases created a three-pronged test for analysis of questioned material affecting the First Amendment?
Miller v. California, 413 U.S. 15 (1973)
Which court case created a comprehensive framework for custodial interrogations?
Miranda v. Arizona
A motion that is filed prior to opening statements in a trial is known as
Motion in limine
The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but which one of the following?
New Testimony
Identify the court case in which the Public Safety Exception was first articulated in 1984:
New York v. Quarles
The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but which one of the following?
New testimony (IS= former testimony, dying declaration, declaration against interest, statements of personal or family history
When the Federal Rules of Evidence were originally drafted, how many distinct testimonial privileges which had been recognized by the Supreme Court were proposed?
Nine
A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opinion or otherwise, if:
None (No opinions allowed)
The precursor to the American hearsay rule originated in the 1600's immediately following the trial of:
None Of these
A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opinion or otherwise, if:
None of the above
Law enforcement officers in the United States are prohibited from extracting confessions through the use of physical torture, and they are totally forbidden from collecting such through a variety of deceptive strategies, including:
None of the above
A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opinion or otherwise, if
None of these
Which of the following is not one of the situations in which hearsay statements of available witnesses may be introduced?
None of these (IS= Excited Utterances, reputation, religious records)
If a witness testifies that when she asked where her brother was, her friend pointed to the trunk of his car where the body of her murdered brother was, this is known as what type of statement?
Nonverbal assertion
Fungible evidence includes all but which one of the following?
Nuclear
Professional challenges to the methodology or techniques employed may include:
Opposing theories, competing technologies, Contradictory findings
Per the Federal Rules of Evidence, those statements considered to be hearsay are those statements that are:
Oral, written, & nonverbal
English
Originally, which court defined hearsay as any statement to which neither the Crown or the defendant is privy?
Mental Anguish
Out of court statements made by a party to the case [in criminal cases, the defendant(s)] are not considered to be hearsay as they are actually made by the defendant themselves. They fall into all but one of the following categories:
The use of courtroom staples like chalkboards and easels has become all but obsolete as courtrooms are increasingly equipped with:
Overhead projectors, pull down screens, computer monitor
Which of the following Acts provide for "sneak and peek" warrants?
Patriot Act
Which of the following Acts provide for "sneak and peek" warrants?
Patriot act
all of the above
Per the Federal Rules of Evidence, those statements considered to be hearsay are those statements that are:
Child pornography
Perceptions of computer crime include the misconception that the vast majority of online deviance is:
Which of the following are primary qualifications for witnesses in American courts?
Personal Knowledge, Oath or affirmation, Competency
There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but which one of the following?
Personal Wealth
primary qualifications for witnesses in American courts
Personal knowledge, oath or affirmation, competency
There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but one of the following:
Personal wealth
There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but which one of the following?
Personal wealth
The testimony of expert witnesses may not invade which of the following issues that the judge or jury is required to decide?
Presumptions, Stipulations, Judicially noted facts
Co conspirator statements are admissible because they have what kind of reliability?
Prima facie indicia
Co-conspirator statements are admissible because they have what kind of reliability?
Prima facie indicia
Attorneys may file motions throughout the trial, but many motions to exclude are heard:
Prior to opening statements
18 U.S.C.
Prior to passage of the Federal Computer Systems Protection Act, federal statutes within what Title of the United States Code was used by law enforcement?
Who may solicit a dying declaration?
Private person, police officer, clergy
The standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime
Probable Cause
Jurisprudential consistency
Problems associated with prosecution of computer crimes include all but which one of the following?
Laws that defines the process of adjudication
Procedural Law
all of these
Prosecuting attorneys have displayed great reluctance in pursuing computer related criminals because of which of the following reasons?
The first witnesses in a criminal case are called by the:
Prosecutor
Under the Federal Rules of Evidence, a variety of regularly kept records exceptions to the Hearsay Rule exists. Which of the following are categories of permissible statements?
Public records, family records, records of vital statistics
What is the final stage in the examination of witnesses?
Re-cross examination
considered to be the lowest of all legal standards of evidence
Reasonable suspicion
Certain actions by the defendant may speak directly to their veracity, and are probative in an evaluation of credibility. Such actions include which of the following?
Receiving stolen property, bribery, witness intimidation
What is the final stage in the examination of witnesses?
Recross examination
Trial judges must determine whether a photograph or recording satisfies the legal requirements of:
Relevancy, materiality, competency
The oldest, and least reliable, forensic test for DNA is:
Restriction Fragment Length Polymorphisms (RFLP)
Federal Rule of Evidence that provides a definition of "Relevant Evidence"
Rule 401
Federal Rule of Evidence that provides for the exclusion of relevant evidence if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence
Rule 403
Which systems of inquiry hold that relevance may only be established in cases in which the inference is more probable than others?
Second
all of these
Self-authenticating documents fall into which of the following categories?
Non specific methods of impeachment include
Sensory & mental capacity, Bias, Truth & veracity challenges
Courts have consistently held that gruesome photographs may be admitted if the potential is outweighed by the probative value. Justification for their introduction include all but which one of the following?
Show lack of Content
Courts have consistently held that gruesome photographs may be admitted if the potential is outweighed by the probative value. Justification for their introduction include all but which one of the following?
Show lack of intent ( IS= Explain medical examiners testimony, Show identity of victim, Demonstrate the manner of death or the locations of wounds)
The precursor to the American hearsay rule originated in the 1600's immediately following the trial of:
Sir Walter Raleigh
Prior to which century did jurors statutorily act as both the triers and the witness of fact?
Sixteenth
Confrontation Clause is in what Amendment
Sixth
Lay witness testimony is generally limited to which of the following?
Smell, hearing, sight (5 senses)
all of these
Some forms of documentary evidence may also be considered real evidence. Which of the following areas of interest distinct to considerations of documentary evidence?
Which of the following is not one of the double jeopardy provisions of the Fifth Amendment?
Sometimes allows for the trying of an individual more than once for the same crime
The French term voir dire literally means:
Speak the truth
Compulsory testimony
Statutorily, the notion of testimonial privileges in American courts emerged at the same time as:
Objections during a trial may be made for which of the following reasons?
Substance, Form & Answer
Law that defines the parameters of social behaviors
Substantive Law
1986
The Computer Fraud and Abuse Act was passed in what year?
New testimony
The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but which one of the following?
Dissemination of Classified Material and Control Act
The United States Congress has enacted several pieces of legislation which have codified government privileges which address the protection of military, diplomatic, or national security secrets. These acts include all but which one of the following?
Dissatisfaction of the foundational requirements
The admissibility of demonstrative evidence is contingent upon a variety of factors including all but which one of the following?
none of these
The admissibility of potentially prejudicial evidence in a trial is determined by the:
England
The attorney client privilege may be traced back to early:
Confessional
The clergy communicant privilege attaches to that information contained in:
5th century
The clergy communicant privilege was recognized as early as the:
3 centuries
The common law principles underlying the recognition of testimonial privileges can be traced back as far as:
According to legal scholar John Wigmore, privileged communications should only be extended in which of the following relationship?
The communication must be entered into with an expectation of confidentiality, The element of confidentiality must be essential to the maintenance of the relationship, The injury to the relationship by such disclosure would be greater than the benefit gained for the correct disposal of litigation.
1st & 4th
The most common judicial challenges confronting the prosecution of computer crime
Attorney & Client
The oldest recognized privilege under common law was that which existed between:
Restriction Fragment Length Polymorphisms (RFLP)
The oldest, and least reliable, forensic test for DNA is:
none of the above
The precursor to the American hearsay rule originated in the 1600's immediately following the trial of:
With regards to dealing with admission by silence, the courts have established some guidelines for evaluation of such. Which of the following requirements is not usually considered?
The presence of physical or emotional impediments
none of the above
The presence of which of the following, during a communication between an attorney and client, eliminates the attorney client privilege?
all of these
The proponent of the evidence must demonstrate the:
1980s
The science of genetic fingerprinting has been used in countless criminal trials since:
ballistics
The study of the trajectory or a path of a bullet is known as:
Overhead projectors, pull down screens, computer monitor
The use of courtroom staples like chalkboards and easels has become all but obsolete as courtrooms are increasingly equipped with:
2
There are how many broad categories of hearsay?
5
There are how many general categories of searches which do not require the presence of a warrant?
The "rights of the accused" are all but one of the following:
They must pay for their attorney
Judges must determine whether a particular individual possesses the adequate qualifications as well as determining whether expert testimony exists in a certain area. Consequently, the court will ask how many basic questions?
Three
Latent prints, or those that are accidentally deposited on a surface, come in how many varieties?
Three
all of these
Trial judges must determine whether a photograph or recording satisfies the legal requirements of:
Initially, there was how many types of privileges extended to the marital relationship?
Two
There are how many broad categories of hearsay?
Two
There are how many types of witnesses in a criminal court?
Two
Which of the following Court cases allowed that incomplete chains of custody do not necessarily result in the exclusion of such evidence?
US v. Ricco
Methods used to attack the competency of the witness through assertions of dishonest or untruthful behavior include which of the following?
Uncharged crimes, bad deeds, past convictions
all of the above
Under the Federal Rules of Evidence, a variety of regularly kept records exceptions to the Hearsay Rule exists. Which of the following are categories of permissible statements?
Methods of impeachment include all but which one of the following?
Wealth (is Character, Bias, Immoral Acts)
objection
What may be filed, during a trial, in the questioning phase of a witness?
exclusionary
What rule is a legal mandate, which requires the exclusion of evidence collected by law enforcement personnel in a manner, which violates provisions found within the Bill of Rights?
9
When the Federal Rules of Evidence were originally drafted, how many distinct testimonial privileges which had been recognized by the Supreme Court were proposed?
Which of the following independent factors do the federal courts recognize to determine new evidentiary privileges?
Whether federal policy supports the privilege, Whether states recognize the privilege, Whether legal scholars have championed the adoption of the privilege
6th
Which Amendment contains a Confrontation Clause?
Branzburg v. Hayes
Which Court case established limited protections afforded to journalists known as "Shield Laws"?
FRE 806
Which Federal Rule of Evidence provides a mechanism in which opposing counsel may question or otherwise impeach a witness?
Patriot act
Which of the following Acts provide for "sneak and peek" warrants?
U.S. v. Ricco
Which of the following Court cases allowed that incomplete chains of custody do not necessarily result in the exclusion of such evidence?
Miller v. California, 413 U.S. 15 (1973)
Which of the following Supreme Court cases created a three pronged test for analysis of questioned material affecting the First Amendment?
all of these
Which of the following are circumstances, which may allow the introduction of evidence collected by officers without the benefit of a warrant?
all of the above
Which of the following independent factors do the federal courts recognize to determine new evidentiary privileges?
Dying declaration
Which of the following is an exception to the Hearsay Rule, which is grounded in the theory that some statements are inherently trustworthy?
all of the above
Which of the following is not an exception to the psychologist patient privilege?
None of these
Which of the following is not one of the situations in which hearsay statements of available witnesses may be introduced?
Federal Computer Systems Protection Act
Which of the following legislation has not increased the scope and authority afforded to law enforcement?
all of the above
Who may solicit a dying declaration?
The presence of physical or emotional impediments
With regards to dealing with admission by silence, the courts have established some guidelines for evaluation of such. Which of the following requirements is not usually considered?
What rule is a legal mandate, which requires the exclusion of evidence collected by law enforcement personnel in a manner, which violates provisions found within the Bill of Rights?
exclusionary
Lay witnesses may offer opinion evidence in all but which one of the following areas?
firearms
Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court?
first hand
There are how many general categories of searches which do not require the presence of a warrant?
five
Cross-examination is conducted by opposing counsel. This is done after the conclusion of the direct examination and is usually limited to:
leading question
A Statement made by a co-conspirator is considered by the court as
no-hersay
Which of the following is not one of the situations in which hearsay statements of available witnesses may be introduced?
non of these
The admissibility of potentially prejudicial evidence in a trial is determined by the:
none of these
The presence of which of the following, during a communication between an attorney and client, eliminates the attorney-client privilege?
none of these
What may be filed, during a trial, in the questioning phase of a witness?
objection
The first witnesses in a criminal case are called by the:
prosecutor
Lay witness testimony is generally limited to...
smell, hearing, sight
Judges must determine whether a particular individual possesses the adequate qualifications as well as determining whether expert testimony exists in a certain area. Consequently, the court will ask how many basic questions?
three
Documentary evidence includes all but which one of the following?
unprinted e-mails
Statements considered to be hearsay are:
written and verbal
If you are confronted by statements elements of which are untruthful and choose not to challenge these assertions, your action is admission of guilt by:
admission by silence
A statement of which the party has manifested a belief in its truth is known as an
adoptive admission
Perceptions of computer crime include the misconception that the vast majority of online deviance is: Select one: a. Identity theft b. Child Pornography c. Bank fraud d. None of the above
b. Child Pornography
Problems associated with prosecution of computer crimes include all but one of the following: Select one: a. Lack of reporting b. Jurisprudential consistency c. Judicial ignorance d. Intangibility and volatility
b. Jurisprudential consistency
Additional expenses or reduction of expenses to law enforcement for forensic software and associated hardware include which of the following: Select one: a. Physical housing environments to store volatile digital evidence b. Additional personnel c. Fewer patrol officers d. Extensive training of computer investigator
c. Fewer patrol officers
Perceptions of computer crime include the misconception that the vast majority of online deviance is:
child pornography
The clergy-communicant privilege attaches to that information contained in:
confessional
A Statement made by a co
conspirator is considered by the court as- Nonhearsay statement
Evidence referring to supplementary supporting evidence, which tends to strengthen or confirm extant evidence, is known as:
corroborating evidence
Both private and public entities are reluctant to disclose their victimization because: Select one: a. Fear of losing control to law enforcement agents (i.e. loss of secrecy) b. Both private and public entities are reluctant to disclose their victimization c. Jurisdictional uncertainty d. All of the above
d. All of the above
