AQ2 Evidence

Regarding prior inconsistent statements, which of the following is FALSE? A Evidence of a prior inconsistent statement may only be admitted if it was a sworn statement. B A witness may be impeached with prior inconsistent statements on cross-examination. C Extrinsic evidence of the statement may be introduced if the witness is given an opportunity to explain or deny the evidence. D A hearsay declarant may be impeached by prior inconsistent statement as if the declarant was testifying as a witness.

Evidence of a prior inconsistent statement may only be admitted if it was a sworn statement.

Which of the following statements is NOT excluded by the Federal Rules from the definition of hearsay? A Co-conspirator statements. B All prior inconsistent statements. C Statements by a party-opponent. D Prior statements of identification made by a testifying witness.

All prior inconsistent statements.

Which of the following documents is NOT self-authenticating? A Public records under seal. B Ancient documents. C Commercial Paper. D Trade inscriptions or labels.

Ancient documents.

Which of the following is NOT addressed by Federal Rule of Evidence 403 (exclusion of relevant evidence)? A Evidence that misleads the jury. B Evidence that results in unfair surprise. C Needlessly cumulative evidence. D Evidence that causes unnecessary delay.

Evidence that results in unfair surprise.

Which of the following is FALSE with regard to the admissibility of evidence? A The issue of whether to admit evidence is a question of law. B Every mistaken evidentiary ruling will be reversed on appeal. C Evidence may be admissible for one purpose but not for another purpose. D The issue of whether a witness is qualified is a question of law.

Every mistaken evidentiary ruling will be reversed on appeal.

Which of the following is FALSE regarding compromise offers and plea negotiations? A Settlement offers are never admissible. B Withdrawn guilty pleas are not admissible in criminal or civil proceedings. C Settlement offers are not admissible as a prior inconsistent statement to impeach. D Statements made during criminal plea negotiations are not admissible.

Settlement offers are never admissible.

Which of the following exceptions requires that the declarant be unavailable to testify? A Learned treatises B Statement of personal or family history C State of mind D Judgment of prior conviction

Statement of personal or family history

Which of the following is FALSE with regard to impeaching a witness? A A witness may be impeached for being biased if they were paid to testify. B A witness may be impeached for sensory incompetence if they are related to a party. C A witness may be impeached for being biased if they agreed to testify in return for a reduced sentence. D A witness may be impeached for sensory incompetence if they were not wearing their glasses when they perceived the event.

A witness may be impeached for sensory incompetence if they are related to a party.

Which of the following is FALSE regarding the admissibility of prior convictions? A A conviction for a crime involving dishonesty is admissible to impeach any witness. B A felony conviction is admissible to impeach any witness unless the risk of prejudice substantially outweighs the probative value. C A felony conviction is admissible against a criminal defendant only if the probative value outweighs the prejudicial effect. D If more than 10 years have elapsed since conviction or release from confinement, the conviction is admissible only if the probative value substantially outweighs the prejudicial effect.

A felony conviction is admissible to impeach any witness unless the risk of prejudice substantially outweighs the probative value.

Which of the following is NOT admissible under the public records exception to the hearsay rule? A A law enforcement report, against a criminal defendant. B An investigative report, against a civil defendant. C Vehicle registration records, against a criminal defendant. D A law enforcement report, against the government in a criminal case.

A law enforcement report, against a criminal defendant.

With regard to handwriting verification, which of the following statements is FALSE? A A lay witness with personal knowledge of the handwriting can testify as to whether it is someone's handwriting. B An expert witness can compare the writing in question with known sample. C A lay witness who obtained personal knowledge of the handwriting in preparation for litigation can testify as to whether it is someone's handwriting. D The trier of fact can compare the writing in question with a known sample.

A lay witness who obtained personal knowledge of the handwriting in preparation for litigation can testify as to whether it is someone's handwriting.

Which of the following is FALSE with regard to impeachment? A A party may introduce character evidence that a witness is a dishonest person. B Character for untruthfulness may be attacked by reputation or opinion. C A party may bolster a witness's character for truthfulness before that trait is attacked. D Character for truthfulness generally may not be attacked through prior specific acts

A party may bolster a witness's character for truthfulness before that trait is attacked.

Which of the following statements is TRUE regarding prior statements by testifying witnesses? A A prior inconsistent statement made under oath at a trial, hearing, or deposition may be admissible to impeach the declarant's credibility and as substantive evidence. B A prior consistent statement is admissible only if it was made under oath at a trial, hearing, other proceeding, or in a deposition. C A prior inconsistent statement is admissible for substantive purposes even if it was not made under oath. D A prior consistent statement is inadmissible if it was made before the declarant had reason to fabricate a statement.

A prior inconsistent statement made under oath at a trial, hearing, or deposition may be admissible to impeach the declarant's credibility and as substantive evidence.

Which of the following is FALSE regarding prior statements of identification? A A prior out-of-court identification after perceiving the person identified may be admissible as substantive evidence. B A prior statement of identification can be introduced even if the witness does not testify. C A prior statement of identification is admissible if the witness testifies and is subject to cross-examination. D A prior statement of identification need not be made under oath to be admissible.

A prior statement of identification can be introduced even if the witness does not testify.

Which of the following is FALSE regarding presumptions? A If a party destroys evidence, there is a presumption that the evidence is adverse to that party B A rebuttable presumption shifts the burden of production. C Federal courts generally follow the "bursting bubble" approach if counterproof is offered. D A rebuttable presumption shifts the burden of persuasion to the opposing party.

A rebuttable presumption shifts the burden of persuasion to the opposing party.

Which of the following is NOT a way of authenticating tangible evidence? A By establishing a chain of custody B Testimony of distinctive markings on the evidence C A witness testifies that she has personal knowledge of the object D A showing that a document is at least 10 years old

A showing that a document is at least 10 years old

With regard to character evidence in a civil case, which of the following is TRUE? A In general, character evidence is admissible to prove a person's conduct was in conformity with that trait. B Character evidence is admissible if character is directly at issue in the case. C A witness's opinion cannot be used to prove character. D Character is generally proven by evidence of specific prior acts.

Character evidence is admissible if character is directly at issue in the case.

Which of the following is FALSE with regard to attorney-client privilege? A Documents prepared by the attorney in anticipation of litigation will be protected as attorney work product. B Communications are privileged if made for the purpose of getting help to commit a crime. C Communications are not privileged if there is a dispute between the lawyer and the client. D If attorney work product is discoverable, the attorney's mental impressions are still protected from disclosure.

Communications are privileged if made for the purpose of getting help to commit a crime.

Which of the following is TRUE regarding public policy exclusions? A Offers to pay medical expenses are admissible to prove fault. B Pleas of nolo contendre are admissible in criminal court or in a subsequent civil proceeding. C Evidence of liability insurance is never admissible. D Conduct or statements that accompany an offer to pay medical expenses are admissible.

Conduct or statements that accompany an offer to pay medical expenses are admissible.

Which of the following is FALSE regarding habit evidence? A Evidence of a person's habit is admissible to prove conforming conduct. B Habit evidence is never admissible in a criminal case. C Habit evidence can include the habit of an organization. D Habit is a person's particular routine reaction to a specific set of circumstances.

Habit evidence is never admissible in a criminal case.

Which of the following is FALSE with regard to refreshing a witness's recollection? A It arises when a witness is having trouble remembering while testifying. B A witness's memory can be refreshed by a document, item, or action. C If a document is used to refresh recollection, the opposing party is entitled to see and inspect the document. D If a document is used to refresh recollection, the witness is permitted to read from the document.

If a document is used to refresh recollection, the witness is permitted to read from the document.

Which of the following is TRUE regarding a statement against interest? A It must subject the declarant to criminal liability. B A reasonable person would not have made the statement unless he believed it was false. C If it would subject the declarant to criminal liability, there must be corroborating evidence. D The statement must be made by a party.

If it would subject the declarant to criminal liability, there must be corroborating evidence.

Which of the following will NOT waive the attorney-client privilege? A Failure to assert the privilege in a timely manner B Voluntary disclosure of the information C Involuntary disclosure of the information D Failure to take precautions to protect the privilege

Involuntary disclosure of the information

Which of the following statements is FALSE regarding the best evidence rule? A It applies when the contents of a writing are at issue. B It applies any time a party attempts to introduce a copy of a document. C It applies when the document has legal effect. D It applies when a witness relies on the document while testifying.

It applies any time a party attempts to introduce a copy of a document.

Which of the following statements regarding spousal immunity is FALSE? A It gives a spouse the right to refuse to testify in a criminal case against the other spouse. B It does not apply when one spouse is suing the other. C It is limited to communications that occurred during the marriage. D The witness spouse holds the privilege.

It is limited to communications that occurred during the marriage.

Regarding leading questions, which of the following is FALSE? A Leading questions can and should be used on cross-examination. B "The light was red when you drove through the intersection, correct?" is a leading question. C Leading questions are never permitted on direct examination. D A leading question suggests the answer within the question.

Leading questions are never permitted on direct examination.

Which of the following is NOT a method for rehabilitation of a witness? A Giving the witness a chance to clarify and explain B Offering a prior consistent statement if the witness is accused of changing her story C Offering evidence of the witness's character for truthfulness after being attacked for untruthfulness D Offering evidence of the witness's character for truthfulness before being attacked for untruthfulness

Offering evidence of the witness's character for truthfulness before being attacked for untruthfulness

Which of the following is FALSE regarding offers of proof? A They are not required for plain errors. B They are made to preserve evidence if the court has ruled to exclude it. C Counsel must explain the admissibility of the evidence. D Offers of proof are made in order to exclude evidence.

Offers of proof are made in order to exclude evidence.

How can specific acts of dishonesty (other than convictions) be introduced to impeach a witness's character for truthfulness? A Only on cross-examination B With extrinsic evidence C By another testifying witness D With or without a good-faith basis

Only on cross-examination

Which of the following is TRUE regarding the admissibility of evidence? A Relevant evidence makes the fact in issue more likely than it would be without the evidence B Each piece of evidence must independently prove an element. C Evidence that is irrelevant may nevertheless be admissible. D Relevant evidence may be excluded if its probative value is outweighed by unfair prejudice.

Relevant evidence makes the fact in issue more likely than it would be without the evidence.

Which of the following is FALSE regarding the competency of witnesses? A Anyone who has personal knowledge and is willing to take an oath is competent to testify. B The FRE has a minimum age for children to be competent to testify. C A juror may not testify as a witness in front of her co-jurors D A judge may not testify in a trial over which he presides.

The FRE has a minimum age for children to be competent to testify.

Which of the following statements regarding constitutional limitations on the use of hearsay is FALSE? A A statement made for the primary purpose of getting help (such as a 911 call) is generally not testimonial. B Admitting a hearsay statement may violate the defendant's rights if it is testimonial. C Testimonial statements are admissible if the declarant is unavailable and the defendant had the opportunity to cross-examine him. D The analysis under the Confrontation Clause is the same as the hearsay analysis.

The analysis under the Confrontation Clause is the same as the hearsay analysis.

Which of the following is TRUE regarding attorney-client privilege? A The communication must be for the purpose of securing legal advice. B Any statement made to an attorney is privileged. C The attorney holds the privilege. D The privilege includes the underlying facts contained in the communication.

The communication must be for the purpose of securing legal advice.

Which of the following is FALSE regarding character evidence in a criminal case? A The defendant's character is inadmissible to prove propensity. B The defendant may introduce evidence of any positive character trait. C The prosecution may introduce negative character evidence once the defendant "opens the door." D Character evidence must be through reputation or opinion testimony.

The defendant may introduce evidence of any positive character trait.

With regard to evidence of a victim's character, which of the following is FALSE? A A criminal defendant may introduce evidence of the victim's character when it is relevant to the defense asserted. B The prosecution can rebut evidence of a victim's bad character with evidence of the victim's good character for the same trait. C The defendant may use reputation, opinion, or specific acts evidence of the victim's pertinent character trait. D If the defendant attacks the victim's character, the prosecution can introduce evidence that the defendant has the same trait.

The defendant may use reputation, opinion, or specific acts evidence of the victim's pertinent character trait.

Which of the following is FALSE regarding the introduction of evidence? A The judge determines question of law B The jury determines questions of fact C The judge determines the credibilty of witnesses D The Jury determines the weight assigned to evidence

The judge determines the credibility of witnesses.

Which of the following statements is being used for the truth of the matter asserted? A The oral statement, "I accept" to prove that there was a valid contract B The nonverbal gesture of pointing at a man to prove that the declarant identified the man C The oral statement, "I am God" to prove that a testator lacked mental capacity to make a will D The written statement, "request received" to prove an insurance company was on notice of a claim

The nonverbal gesture of pointing at a man to prove that the declarant identified the man

Regarding the physician-patient privilege, which is FALSE? A There is no physician-patient privilege under federal law. B The statement must be made for the purposes of medical treatment. C The privilege applies when the patient's physical condition is at issue. D The privilege will not apply in a dispute between a patient and doctor.

The privilege applies when the patient's physical condition is at issue.

Which of the following statements regarding the privilege protecting confidential marital communications is TRUE? A The privilege is held by both spouses. B The time for asserting the privilege ends at the termination of the marriage. C The privilege only applies in criminal cases. D The privilege applies in cases in which one spouse is suing the other.

The privilege is held by both spouses.

Which of the following witnesses MAY be excluded from the courtroom? A A witness essential to the presentation of the case, such as the investigating police officer B A party in the case C The spouse of a party

The spouse of a party

Which of the following is TRUE regarding a statement under the state of mind exception? A A statement of a memory is admissible if used to prove the fact remembered. B The statement can be used to show that the declarant acted in conformity with the state of mind. C The statement can be used to prove the cause of a declarant's physical condition. D The statement cannot be a statement of present intent, motive, or plan.

The statement can be used to show that the declarant acted in conformity with the state of mind.

Which of the following statements is TRUE regarding the statement made for purposes of medical diagnosis or treatment exception? A The statement can describe both past and present symptoms. B The statement must be made to a physician. C The statement must enable the doctor to testify at trial. D The statement can identify the person who caused the symptoms.

The statement can describe both past and present symptoms.

Which of the following is not a requirement for an expert witness's testimony? A The subject matter of the testimony is specialized knowledge that will help the trier of fact. B The testimony is based on sufficient facts or data of the type reasonably relied on by experts in the field. C The underlying basis of the expert's opinion must be based on admissible evidence. D The witness must be qualified as an expert by experience, training, or education.

The underlying basis of the expert's opinion must be based on admissible evidence.

Which of the following is NOT an exception to the best evidence rule? A There is a genuine question about the authenticity of the original. B The original has been lost or destroyed through no one's fault. C The original cannot be obtained by any judicial process. D The party against whom the document is introduced had control of the original and knew that it was going to at issue at trial.

There is a genuine question about the authenticity of the original.

Regarding other privileges, which of the following is FALSE? A There is no psychotherapist-patient privilege under federal law. B The psychotherapist-patient privilege does not apply if the communication was the result of a court-ordered exam. C The Fifth Amendment protection against self-incrimination does not apply to corporations. D The Fifth Amendment protects a witness from being compelled to give incriminating testimony against himself.

There is no psychotherapist-patient privilege under federal law.

When is evidence of specific acts admissible? A When the prosecution cross-examines the defendant's character witness. B When the prosecution calls its own character witness against the defendant. C When the defendant examines a character witness on direct examination D When the defendant seeks to prove that he is a peaceful person.

When the prosecution cross-examines the defendant's character witness.

The Rule of Completeness requires __________, if not doing so would be misleading or unfair.

admitting the remainder of a statement

The standard for the burden of persuasion in a criminal case is ________________________.

beyond a reasonable doubt

If a rule of evidence restricts a _________________________ ability to ___________________________, the rules might violate the Due Process Clause.

criminal defendant's; mount a defense

A judicially noticed fact __________ be accepted by the jury in a __________.

must; civil case

A declarant is considered unavailable as a witness when ____________________________.

the declarant lacks memory of the subject matter of the statement

An expert may not give an opinion about _____________________.

the requisite mental state of a criminal defendant

Evidence of a subsequent remedial measure may be admissible _________________________________.

to prove ownership