ADJU4 Legal Aspects Of Evidence Quiz 2

In the American _____ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence.

Accusatorial

All jurisdictions in the U.S. utilize the Federal Rules of Evidence.

False

If the defense loses or misplaces evidence important to the prosecution, it is a violation of due process.

False

In our adversary system, the prosecution has no obligation to reveal any evidence to the defense.

False

In the United States, defendants are never required to reveal anything about their case to the prosecution.

False

No state in the United States ever requires that the defendant reveal information or possible defenses to the prosecution.

False

Non-relevant evidence is generally admissible.

False

The American criminal justice system is both accusatorial and adversarial in nature.

False

The Brady rule requires that the defense disclose clearly exculpatory evidence to the prosecution.

False

The Federal Rules of Evidence must be followed in all state trials.

False

The US Constitution provides that state judges are not bound by the US Constitution, but by their state constitution.

False

​Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is automatically a violation of due process.

False

In the adversary system, each side seeks to present evidence that is most favorable to its position.

True

Most countries other than the U.S. utilize an inquisitorial system of justice.

True

​If the prosecution deliberately uses false evidence or perjured testimony to obtain a conviction, the defendant will get a new trial.

True

Reliable evidence is defined as evidence that is likely to be _____.

True or accurate

The Constitution allows, and certain states require, that defendants _____.

Give notice that they intend to use an alibi or insanity defense

​If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the Constitution), such evidence is said to be _____.

Incompetent

The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney.

Jury

To validly enact federal statutes, Congress must be acting within _______.

Powers granted by the Constitution.

The United States was the first country in the world to utilize a federal form of government.

True

​The Federal Rules of Evidence and most state rules of evidence apply in _____ trials.

​Both civil and criminal

Competent evidence is reliable, relevant evidence that _____.

​Is not excluded by additional rules of evidence

​Evidence is not relevant (irrelevant) if it is _____.

​Not related to any fact or issue in the case

In our adversary system of justice, the defense and prosecution _____.

​Present their best case and challenge the opponent's case

The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are _____.

​Reserved to the States or the people