Evidence, Search, & Seizure
Which of the following is NOT true of the doctor-patient privilege?
All states now have the privilege.
Marital testimony privilege covers
adverse testimony
Which of the following is not true of presumptions?
all true
What type of jurisdiction allows a court to review the decisions of other courts?
appellate
The privilege against self-incrimination
applies only to testimonial self-incrimination.
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
appointed counsel
Which of the following objections would an attorney most likely raise if during cross-examination opposing counsel asked a witness if he or she was lying?
argumentative
Which of the following objections would an attorney most likely raise if during cross-examination a question was posed to a witness three separate times?
asked and answered
In criminal trials, the burden of proof is by
beyond a reasonable doubt
The prosecution can attack a witness's credibility for
bias
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
blank pad rule
Self-defense applies to
both deadly force and non deadly force
Statues are often written
broadly
The burden of persuasion is commonly referred to as
burden of proof
The doctrine stating that people need not retreat and may defend themselves in their own home is the
castle doctrine
Impeachment is a way of
challenging a witness's credibility.
England developed what is known as
common law
On what source is American law primarily based?
common law
The two most common primary sources of law are
common law and legislation
Doctor-patient privilege applies to
communication made for the purpose of, and relevant to, obtaining treatment of a disease.
Concerns a person's understanding of what it means to tell the truth.
competency
The party seeking to call a witness bears the burden of demonstrating
competency
The presence of particular characteristics and the absence of particular disabilities that render the witness legally qualified to testify in court define
competency
Stipulation can be viewed as __________ made by either side.
concessions
Supporting evidence is
corroborating evidence.
What is the term that refers to whether the testimony of a witness should be believed?
credibility
During what stage of a trial does impeachment most often occur?
cross-examination
Statutes that prohibit witnesses from testifying about transactions with a person involved in a case if the person died prior to trial are
dead man's statutes
Evidence that proves a fact without the need for a juror to infer or presume anything from it is
direct evidence
The initial examination of a witness is
direct examination
Marital communications privilege applies to confidential communications made
during the marriage
Which constitutional amendment prohibits cruel and unusual punishment?
eight amendment
Testimonial privileges are positive because they
encourage open and honest communication in relationships where such communication is essential.
Degree-bearing and non-degree-bearing are types of
expert witnesses
What type of witnesses offer opinions relevant to a case?
expert witnesses
Supporters of a strong centralized government were called
fedaralists
The right to remain silent is covered in the
fifth amendment
Which constitutional amendment prohibits a person from having to testify in court against his or her will?
fifth amendment
What type of jurisdiction must a court have to hear many different types of cases?
general
A lay witness is an ordinary person who
has knowledge about the facts of the case at hand.
Evidence law is the set of rules that governs what the jury can __________ during a trial.
hear and see
When a witness violates an order of exclusion, he or she may be
held in contempt
Polygraph results are
inadmissible in most courts
Evidence that shows the defendant's guilt is
inculpatory
The Bill of Rights is the primary source of
individual rights
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
infancy defense
__________ is/are not mandatory.
inferences
An example of an excuse defense is
insanity
The term "mens rea" refers to the
intent of the offender
Conclusive presumptions are sometimes called
irrebuttable presumptions
Insanity
is legal term that describes mental illness
A shield law is analogous to
journalist's privilege.
Common law was developed by which of the following?
judges
Legalese for "pre-existing or common knowledge" is
judicial notice
Which item below would be an example of real evidence?
knife
What type of witnesses recount personal knowledge relevant to a case?
lay witnesses
Disclosure of confidential communications between spouses is protected by
marital communications privilege.
Witnesses who have the ability to observe and remember
may testify
Which terms means the "method of operation"?
modus operandi
Religious beliefs can declare a person incompetent
never
Which of the following privileges was rejected by the Supreme Court and is usually protected by shield laws made at the state level?
news reporter and source privilege
Which of the following objections would an attorney most likely raise if during cross-examination a witness began to continuously speak when asked a yes or no question?
non responsive to question
A person with prior convictions cannot testify
none of these
The accused, when testifying, is protected by the
none of these
The fixed age at which a child can testify is
none of these
Evidence of what the witness thinks, believes, or infers in regard to the facts in dispute, as distinguished from his or her personal knowledge, is
opinion evidence
Witnesses' credibility has been challenged for
prejudice
In civil matters, the burden of proof is typically by
preponderance of the evidence
In most states, when the defense raises an affirmative defense, the burden of proof is
preponderance of the evidence
__________ is/are typically mandatory (the jury is required to draw some conclusion).
presumptions
A right held by a person who was a party to a confidential relationship, the sanctity of which the law values above the search for the truth, is
privilege
What is the legal protection of certain communications from being revealed in court known as?
privileged
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.
probable cause
Testimonial privilege was created to
protect the confidentiality of communications that take place in certain relationships.
The twelfth-century term "moral certainty" has been equated with
reasonable doubt
When the party against whom the presumption operates may introduce evidence to disprove the presumption, it is a
rebuttable presumption
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
silver platter doctrine
The compulsory process clause is contained in the
sixth amendment
Which constitutional amendment guarantees the right to a speedy and public trial?
sixth amendment
Which constitutional amendment guarantees the right to face one's accuser?
sixth amendment
Which of the following objections would an attorney most likely raise if during cross-examination a witness was asked to take a guess to information he or she did not know?
speculation and conjecture
What phrase specifically means "let the decision stand"?
stare decisis
The highest court in the state in usually known as the
state Supreme Court
State secrets privilege
still is in existence today.
What is an official court document ordering a witness to appear at trial?
subpoena
What is an official court document ordering a witness to bring court documents to a trial?
subpoena duces tecum
How many amendments are in the Bill of Rights ?
ten
Shielding or barring a witness from testifying is known as what type of privilege?
testimonial
Credibility is
the believability of the witness.
In which of the following sources of law is the principle of "eye for an eye" found?
the code of Hammurabi
The right not to answer any questions or testify at trial is
the defendant's privilege.
Which party must introduce evidence of character before it is considered relevant?
the defense
In regard to expert testimony, voir dire is where
the expert's expertise is established.
The person who has the right to keep certain thing from being revealed is
the holder of the privilege.
Cross-examination is performed by
the party who did not call the witness.
Before a court will determine that a testimonial privilege exists,
the relationship must be one that society believes should be promoted and protected.
What prohibits experts from expressing opinions on final issues that the judge or jury was charged with deciding?
the ultimate issue rule
An exception to doctor-patient privilege is
treatment of any wounds by a deadly weapon.
When anything a witness says on the stand cannot be used against him or her in a criminal proceeding, it is
use immunity
Consent must be
voluntary, knowing, and intelligent
An exception to doctor-patient privilege is
when the patient sues the doctor
The purpose of an oath is to communicate to a witness that he or she
will be testifying under penalty of perjury.
Lay witnesses can be permitted to testify concerning a person's age.
True
In which of the following situations would the attorney-client privilege NOT apply?
A client confesses to a murder and hands the murder weapon to the attorney for safe-keeping.
Opinion evidence is evidence of what the witness thinks, believes, or infers in regard to facts in dispute.
True
Which of the following would not be circumstantial evidence that a person had the ability to commit a crime?
A murderer hated the victim.
Which of the following is not true regarding mental incapacity and competency to be a witness?
A person judged insane cannot testify under any circumstances.
A witness who has been impeached must leave the witness stand immediately
False
Conclusive presumptions are much more common than rebuttable presumptions.
False
Evidence law applies only to criminal cases.
False
Never has a lay witness been permitted to testify about a person's handwriting.
False
The defendant's privilege is when the accused refuses to answer questions on the stand.
False
Legislatively mandated presumptions are limited by the due process clauses of the
Fifth and Fourteenth Amendments.
Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states?
Fourteenth Amendment
The key to testimonial evidence is that it must be given under oath.
True
The power of the court to examine a law and determine whether the law is constitutional is called
Judicial review
Which of the following tests for insanity established the right versus wrong standard?
M'Naghten rule
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
Mapp v Ohio
Which of the following is not an example of testimonial evidence?
a videotape
Which of the following is least likely to be taken into judicial notice without mentioning it at trial?
Reckless driving is driving twenty miles per hour above the speed limit.
The essence of the Fourteenth Amendment was to bar __________ from infringing on individual rights.
State governments
Which constitutional amendment prohibits double jeopardy?
The fifth amendment prohibits double jeopardy
Which of the following would allow a prior conviction to be introduced to impeach a witness?
The probative value outweighed the prejudicial value.
Which of the following is not an essential requirement of a competent witness?
The witness must not have any interest in the proceedings.
Which of the following is not true of conclusive presumptions?
They can be disregarded by the jury if circumstances warrant.
Which of the following is a criticism of testimonial privileges?
They sometimes exclude important relevant evidence.
"Judicial review" simply means the power of the court, specifically judges, to examine a law and to determine whether the law is constitutional.
True
A Sixth Amendment violation occurs when a conclusive presumption is required by law.
True
A prerequisite for expert testimony is that there must be a need for it.
True
After a privilege is waived for a purpose, it is waived for all purposes.
True
Which of the following would be the best example of demonstrative evidence?
a flow chart
Which of the following would not be circumstantial evidence that a person was acting guilty?
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 person who had stolen money from an employer later left the country
An affirmation is a(n)
a promise to tell the truth
Which of the following occurs when the prosecution and defense agree upon a certain fact?
a stipulation