AJ 14 chapter 4

evidence consists of the materials presented to the trier of fact... A) pursuant to presumptions B) to convince them of the existence of a fact C) to explain the instructions D) to attempt to contradict

B) to convince them of the existence of a fact

in court, information that the defendant has committed similar crimes in the past ... A) is never admissible B) is always admissible C) is always competent evidence D) may be admissible under some circumstances

D) may be admissible under some circumstances

sandstorm v montana states that mandatory or irrebuttable _____ are unconstitutional in criminal prosecutions A) inferences B) conclusions C) deductions D) presumptions

D) presumptions

every essential element of a crime charged must be proved by the government beyond reasonable ______ in order to convict and punish a defendant for the crime charged A) doubt B) conclusion C) presumptions D) assumptions

A) doubt

_______ is ordinarily defined as the means as the means of establishing and proving the truth or untruth of any fact that is alleged A) evidence B) proof C) presumptions D) diligence

A) evidence

proof is demonstrated by..... A) evidence B) deductions C) inductions D) jury instructions

A) evidence

circumstantial evidence is evidence that proves a fact in issue ..... A) indirectly or by inference B) directly by eyewitness testimony C) only by the use of presumptions D) by contradicting other evidence

A) indirectly or by inference

mccormick on evidence states that _____ " is the slipperiest member of the family of legal terms" because it is used in so many different ways A) presumption B) conclusion C) inference D) deduction

A) presumption

a defendant is found in possession of a very large quantity of illegal drugs. it is permissible to draw the inference that the possession was .... A) with intent to deliver B) due to insanity C) unknowing D) accidental

A) with intent to deliver

direct evidence is evidence that proves a fact.... A) without the need of inference or presumptions B) by the drawing of inferences C) by the use of inductive or deductive reasoning D) by judicial notice

A) without the need of inference or presumptions

inferences are reasonable conclusions that judges or juries _______ A) are required to raw B) may draw if they so desire C) cannot be used against a defendant D) cannot be used against the prosecution

B) may draw if they so desire

the burden of proof is actually two burdens: the burden of _______ and the burden of _______ A) rationality; inference B) production; persuasion C) preponderance; clarity D)probability; opportunity

B) production; persuasion

the prosecution has to prove the defendants guilt... A) by a preponderance of the evidence B) by clear and convincing evidence C) beyond a reasonable doubt D) beyond probable cause

C) beyond a reasonable doubt

________ are reasonable conclusions that fact finders ( juries or judges) may draw from the evidence presented to them A) convictions B) deductions C) inferences D) determinations

C) inferences

the burden ________ requires the party with the burden to introduce sufficient relevant evidence to convince the fact finder that a fact exists A) evidence B) deductions C) persuasion D) production

C) persuasion

in Holland v US (1954) the US supreme court upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of..... A) eyewitness testimony B) neighbors' beliefs C) the net worth method D)written confession

C) the net worth method

if a defendant does not testify at his or her criminal trail, the judge or jury.... A) may use this as evidence of guilt B) may draw an inference of guilt from this C) is no longer required to give the defendant the presumptions of innocence D) may not use this as evidence of guilt or draw an inference of guilt

D) may not use this as evidence of guilt or draw an inference of guilt

circumstantial evidence frequently takes the form of showing that the defendant had means, opportunity and... A) the required tools B) sufficient criminal knowledge C) a prior criminal record D) motive

D) motive

evidence of flight from the scene of a crime is.... A) sufficient by itself to establish guilt B) never admissible C) direct evidence of guilt D) never sufficient by itself to establish guilt

D) never sufficient by itself to establish guilt

The burdens of ______ requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue A) evidence B) proof C) persuasion D) production

D) production