Evidence, Search, & Seizure

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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


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