CJ 433 Ch. 1, 2, 3, 8

Which of the following tests for insanity established the right versus wrong standard? a) substantial capacity test b) M'Naghten rule c) irresistible impulse test d) Durham test

b) M'Naghten rule

Which of the following would allow a prior conviction to be introduced to impeach a witness? a) The prior conviction was later pardoned. b) The probative value outweighed the prejudicial value. c) The prejudicial value outweighed the probative value. d) The prior conviction was more than ten years old.

b) The probative value outweighed the prejudicial value

Which of the following is not an essential requirement of a competent witness? a) The witness must be capable of perceiving the events he or she observed. b) The witness must not have any interest in the proceedings. c) The witness must be able to remember the events he or she observed. d) The witness must be able to understand the oath.

b) The witness must not have any interest in the proceedings.

Which item below would be an example of real evidence? a) a computer simulation b) a knife c) a flow chart d) an affidavit

b) a knife

Which of the following occurs when the prosecution and defense agree upon a certain fact? a) an inference b) a stipulation c) An agreement d) a presumption

b) a stipulation

Statutes are often written a) Specifically b) Narrowly c) Broadly d) Narrowly and specifically

c) Broadly

Credibility is a) the ability to tell the truth. b) the believability of the witness. c) analogous to competency. d) the ability to understand consequences for perjury.

b) the believability of the witness

The Bill of Rights is the primary source of a) governmental rights. b) states' rights. c) individual rights. d) executive branch rights.

c) individual rights

An example of an excuse defense is a) consent b) defense of others. c) insanity d) self-defense

c) instanity

The doctrine stating that people need not retreat and may defend themselves in their own home is the a) stand your ground doctrine b) true man doctrine c) retreat doctrine d) castle doctrine.

d) castle doctrine

Any evidence obtained by law enforcement officers in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt; this rule was applied by the United States Supreme Court to the states in 1961 in a) Mapp v. Ohio. b) Graham v. Conner. c) Weeks v. United States. a) in re Winship

a) Mapp v. Ohio

"Judicial review" simply means the power of the court, specifically judges, to examine a law and to determine whether the law is constitutional. a) True b) False

a) True

A Sixth Amendment violation occurs when a conclusive presumption is required by law. a) True b) False

a) True

The key to testimonial evidence is that it must be given under oath. a) True b) False

a) True

Which of the following would not be circumstantial evidence that a person had the ability to commit a crime? a) A murderer hated the victim. b) A robber owned a shotgun. c) An embezzler was trained as an accountant. d) A burglar was a certified locksmith.

a) a murder hated the victim

The court and the jury in a criminal case know nothing about the dispute between the two parties involved. The court and the jury can come to know about the dispute only through evidence properly introduced; this defines a) blank pad rule. b) inferences c) judicial notice. d) presumptions

a) blank pad rule

Impeachment is a way of a) challenging a witness's credibility. b) none of these c) electing a new person. d) challenging a witness's competency.

a) challenging a witness's credibility

The two most common primary sources of law are a) common law and legislation. b) judge-made law and common law. c) statutes and bills. d) judicial law and common law.

a) common law and legislation

Stipulation can be viewed as __________ made by either side. a) concessions b) additions c) inclusions d) propriety

a) concessions

What is the term that refers to whether the testimony of a witness should be believed? a) credibility b) sincerity c) celerity d) competency

a) credibility

Supporters of a strong centralized government were called a) federalists. b) socialists c) states' rights supporters d) nationalists

a) federalists

What type of jurisdiction must a court have to hear many different types of cases? a) general b) appellate c) original d) limited

a) general

Evidence law is the set of rules that governs what the jury can __________ during a trial. a) hear and see b) smell and taste c) all of these d) hear and feel

a) hear and see

Insanity a) is a legal term that describes mental illness. b) all of these c) does not excuse criminal liability by impairing the mens rea of the defendant. d) is a medical term.

a) is a legal term that describes mental illness

Common law was developed by which of the following? a) judges b) the Constitution c) legislatures. d) statutes

a) judges

The power of the court to examine a law and determine whether the law is constitutional is called a) judicial review. b) stare decisis. c) strict scrutiny. d) ex post facto

a) judicial review

Witnesses who have the ability to observe and remember a) may testify. b) are considered truthful. c) cannot testify as witnesses. d) are disqualified.

a) may testify

Which terms means the "method of operation"? a) modus operandi b) ex post facto c) a priori d) mortis causa

a) modus operandi

Religious beliefs can declare a person incompetent a) never b) if they are anarchistic. c) if they are uttered by a person of the cloth. d) if they are not popular.

a) never

In most states, when the defense raises an affirmative defense, the burden of proof is a) preponderance of the evidence. b) clear & convincing evidence c) probable cause. d) beyond a reasonable doubt.

a) preponderance of the evidence

The essence of the Fourteenth Amendment was to bar __________ from infringing on individual rights. a) state governments b) city municipalities c) the federal government d) All of these

a) state governments

Which of the following is least likely to be taken into judicial notice without mentioning it at trial? a) Automobiles are required to drive in the right lane. b) People drive automobiles. c) Speed limits exist. d) Reckless driving is driving twenty miles per hour above the speed limit.

d) Reckless driving is driving twenty miles per hour above the speed limit.

Which constitutional amendment guarantees the right to face one's accuser? a) Fourth Amendment b) Third Amendment c) Fifth Amendment d) Sixth Amendment

d) Sixth Amendment

Which of the following is not true of conclusive presumptions? a) They cannot be challenged. b) They must be accepted as true. c) They are used when the law demands a presumption. d) They can be disregarded by the jury if circumstances warrant.

d) They can be disregarded by the jury if circumstances warrant.

Which of the following would not be circumstantial evidence that a person was acting guilty? a) a person who allegedly killed someone was seen burning clothing b) a husband did not cry or seem concerned after his wife disappeared c) a person identified in a shooting was seen tossing an item into a sewer d) a person who had a dispute with a neighbor turned up dead

d) a person who had a dispute with a neighbor turned up dead

Which of the following would not be circumstantial evidence that a person had the motive to commit a crime? a) a husband who killed his wife had just taken out extra life insurance b) a person who burned down a fence thought the structure was ugly c) a person who embezzled money from work had gambling debts d) a person who had stolen money from an employer later left the country

d) a person who had stolen money from an employer later left the country

Witnesses' credibility has been challenged for a) inability to observe. b) prejudice c) prior convictions. d) all of these

d) all of these

What type of jurisdiction allows a court to review the decisions of other courts? a) original b) limited c) general d) appellate

d) appellate

The Supreme Court has determined that the right to counsel means that indigent persons who cannot afford to hire a lawyer must be provided a lawyer at the state's expense. This is known as a) public defenders. b) retained counsel. c) public prosecutors. d) appointed counsel.

d) appointed counsel

Self-defense applies to a) non-deadly force. b) none of these c) deadly force. d) both deadly force and non-deadly force.

d) both deadly force and non-deadly force

The burden of persuasion is commonly referred to as a) burden of going forward. b) directed verdict. c) burden of production. d) burden of proof

d) burden of proof

__________ is/are not mandatory. a) Presumptions b) Propriety c) Tenor d) Inferences

d) inferences

Which of the following is not true of presumptions? a) They are good for public policy. b) They are essential for effectiveness in government. c) They save time. d) none of these (they are all true)

d) none of these (they are all true)

The Fourth Amendment forbids unreasonable searches and seizures and requires the existence of ___________________ before warrants may be issued or a search or seizure may take place. a) reasonable doubt b) preponderance of the evidence. c) reasonable suspicion. d) probable cause.

d) probable cause

The twelfth-century term "moral certainty" has been equated with a) preponderance of the evidence. b) probable cause. c) clear & convincing evidence d) reasonable doubt.

d) reasonable doubt

Evidence seized illegally by state police could be turned over to federal law enforcement officers for use in federal prosecutions because federal law enforcement officers were not directly involved in the illegal seizure. This was known as a) patronage network. b) thin blue line. c) burden of going forward. d) silver platter doctrine

d) silver platter doctrine

How many amendments are in the Bill of Rights? a) five b) fifteen c) eight d) ten

d) ten

Which party must introduce evidence of character before it is considered relevant? a) any party b) the judge c) the prosecution d) the defense

d) the defense

Which of the following is not an example of testimonial evidence? a) a witness at trial b) a deposition c) an affidavit d) a videotape

d) videotape

Which constitutional amendment prohibits cruel and unusual punishment? a) Eighth Amendment b) Fourth Amendment c) Seventh Amendment d) Fifth Amendment

a) Eighth Amendment

The term "mens rea" refers to the a) The psychological profile of the offender. b) intent of the offender. c) The response of the victim. d) criminal act itself.

b) intent of the offender.

Legalese for "pre-existing or common knowledge" is a) indirect evidence. b) judicial notice. c) direct evidence. d) judicial review.

b) judicial notice

Legislatively mandated presumptions are limited by the due process clauses of the a) Sixth and Fourteenth Amendments. b) Fifth and Sixth Amendments. c) First and Fourteenth Amendments. d) Fifth and Fourteenth Amendments.

d) Fifth and Fourteenth Amendments

The fixed age at which a child can testify is a) seven years old. b) none of these c) eight years old. d) six years old.

b) none of these

When the party against whom the presumption operates may introduce evidence to disprove the presumption, it is a a) conclusive presumption. b) rebuttable presumption. c) conclusive inference. d) rebuttable inference.

b) rebuttable presumptions

What phrase specifically means "let the decision stand"? a) in loco parentis b) stare decisis. c) res ipsa loquitor d) parens patriae

b) stare decisis

The highest court in the state is usually known as the a) circuit court. b) state supreme court. c) appellate court. d) district court.

b) state supreme court

In which of the following sources of law is the principle of "eye for an eye" found? a) common law b) the Code of Hammurabi c) civil law d) the Bible

b) the Code of Hammurabi

A person with prior convictions cannot testify a) ever b) if the conviction was in the last year. c) none of these d) if the conviction was for a felon

c) none of these

In civil matters, the burden of proof is typically by a) beyond a reasonable doubt. b) mere suspicion c) preponderance of the evidence. d) probable cause.

c) preponderance of the evidence

An affirmation is a(n) a) way of making someone feel good b) oath c) promise to tell the truth. d) confirmation

c) promise to tell the truth

Consent must be a) voluntary, approved, and accepted. b) voluntary, imminent, intelligent. c) voluntary, knowing, and intelligent. d) voluntary, knowing, and accepted.

c) voluuntray, knowing, and intelligent

The purpose of an oath is to communicate to a witness that he or she a) must tell the truth. b) is sworn. c) will be testifying under penalty of perjury. d) is now unable to lie.

c) will be testifying under penalty of perjury

A witness who has been impeached must leave the witness stand immediately a) True b) False

b) False

Conclusive presumptions are much more common than rebuttable presumptions. a) True b) False

b) False

Evidence law applies only to criminal cases. a) True b) False

b) False

Which constitutional amendment prohibits double jeopardy? a) Sixth Amendment b) Fifth Amendment c) Fourth Amendment d) Third Amendment

b) Fifth Amendment

The prosecution can attack a witness's credibility for a) attending college. b) bias c) race d) sexual orientation.

b) bias

England developed what is known as a) civil law b) common law c) socialist law d) Islamic law

b) common law

Concerns a person's understanding of what it means to tell the truth. a) disabilities b) competency c) characteristics d) credibility

b) competency

The party seeking to call a witness bears the burden of demonstrating a) honesty b) competency c) the person is lying d) the person is old enough

b) competency

Supporting evidence is a) cumulative evidence. b) corroborating evidence. c) perjurious evidence. d) none of these

b) corroborating evidence

Statutes that prohibit witnesses from testifying about transactions with a person involved in a case if the person died prior to trial are a) Vasterbinder rules. b) dead man's statutes. c) no longer on the books. d) part of all state laws.

b) dead man's statutes

Which of the following is not true regarding mental incapacity and competency to be a witness? a) A person judged insane cannot testify unless he is capable of giving a correct account of what happened. b) A person judged insane cannot testify unless he understands the consequences of giving false testimony. c) A person judged insane cannot testify under any circumstances. d) A person judged insane cannot testify unless he can understand the obligation of the oath.

c) A person judged insane cannot testify under any circumstances.

Which constitutional amendment prohibits a person from having to testify in court against his or her will? a) Fourth Amendment b) Sixth Amendment c) Fifth Amendment d) Third Amendment

c) Fifth Amendment

__________ is/are typically mandatory (the jury is required to draw some conclusion). a) Propriety b) Tenor c) Presumptions d) Inferences

c) Presumptions

Which constitutional amendment guarantees the right to a speedy and public trial? a) Third Amendment b) Fifth Amendment c) Sixth Amendment d) Fourth Amendment

c) Sixth Amendment

Which of the following would be the best example of demonstrative evidence? a) an article of clothing b) a contract c) a flow chart d) a seized weapon

c) a flow chart

In criminal trials, the burden of proof is by a) probable cause. b) preponderance of the evidence. c) beyond a reasonable doubt. d) mere suspicion

c) beyond a reasonable doubt

On what source is American law primarily based? a) civil law b) the Bible c) common Law d) the Code of Hammurabi

c) common law

The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define a) corroborative evidence. b) none of these c) competency d) credibility

c) competency

Evidence that proves a fact without the need for a juror to infer or presume anything from it is a) indirect evidence b) circumstantial evidence c) direct evidence. d) inferred evidence

c) direct evidence

Age has been treated as a defense to criminal liability on the ground that persons below a certain age lack the requisite mental capability to form mens rea or criminal intent. This is known as the a) intoxication defense. b) insanity defense c) infancy defense. d) mistake of fact defense.

c) infancy defense

Conclusive presumptions are sometimes called a) rebuttable inferences. b) rebuttable presumptions. c) irrebuttable presumptions d) irrebuttable inferences.

c) irrebuttable presumptions

Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states? a) Sixth Amendment b) Seventh Amendment c) Fourth Amendment d) Fourteenth Amendment.

d) Fourteenth Amendment