evidence, search, & seizure quiz

Which of the following would be the best example of demonstrative evidence?

a flow chart

Statutes are often written

broadly

The two most common primary sources of law are

common law & legislation

Stipulation can be viewed as __________ made by either side.

concessions

Supporting evidence is

corroborating evidence

How many amendments are in the Bill of Rights?

10

Which constitutional amendment guarantees the right to a speedy and public trial?

6th amendment

Which constitutional amendment guarantees the right to face one's accuser?

6th amendment

Which constitutional amendment prohibits cruel and unusual punishment?

8th amendment

Which of the following is not an example of testimonial evidence?

a videotape

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 & non deadly force

The burden of persuasion is commonly referred to as

burden of proof

Impeachment is a way of

challenging witness credibility

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

Conclusive presumptions are sometimes called

irrebuttable presumptions

Insanity

is a legal term describing mental illness

Common law was developed by which of the following?

judges

Legalese for "pre-existing or common knowledge" is

judicial notice.

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

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

The purpose of an oath is to communicate to a witness that he or she

will be testifying under penalty or perjury

What type of jurisdiction allows a court to review the decisions of other courts?

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

appointed counsel

Credibility is

believability of the witness

In criminal trials, the burden of proof is by

beyond a reasonable doubt

The doctrine stating that people need not retreat and may defend themselves in their own home is the

castle doctrine

On what source is American law primarily based?

common law

England developed what is known as

common law (judge made law)

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

What is the term that refers to whether the testimony of a witness should be believed?

credibility

Evidence that proves a fact without the need for a juror to infer or presume anything from it is

direct evidence

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, it applies to civil as well

Supporters of a strong centralized government were called

federalist

What type of jurisdiction must a court have to hear many different types of cases?

general

Evidence law is the set of rules that governs what the jury can __________ during a trial.

hear & see

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

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 (exclusionary rule)

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

A person with prior convictions cannot testify

none of these

Which of the following is not true of presumptions?

none of these (they are all true)

The fixed age at which a child can testify is

not 5, 6, or 7

In most states, when the defense raises an affirmative defense, the burden of proof is

preponderance of evidence

In civil matters, the burden of proof is typically by

preponderance of the evidence

__________ is/are typically mandatory (the jury is required to draw some conclusion).

presumptions

Witnesses' credibility has been challenged for

prior convictions, inability to observe, and prejudice

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

An affirmation is a(n)

promise to tell the truth

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

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

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

What phrase specifically means "let the decision stand"?

stare decisis

The essence of the Fourteenth Amendment was to bar __________ from infringing on individual rights.

state governments

The highest court in the state in usually known as the

state supreme court

Which of the following occurs when the prosecution and defense agree upon a certain fact?

stipulation

In which of the following sources of law is the principle of "eye for an eye" found?

the code of hammurabi

Which party must introduce evidence of character before it is considered relevant?

the defense

Which of the following is not true of conclusive presumptions?

they can be disregarded by the jury if circumstances warrant

"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

The key to testimonial evidence is that it must be given under oath.

true

Consent must be

voluntary, knowing, & intelligent

Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states?

14th amendment

Legislatively mandated presumptions are limited by the due process clauses of the

5th & 14th amendments

Which constitutional amendment prohibits a person from having to testify in court against his or her will?

5th amendment

Which constitutional amendment prohibits double jeopardy?

5th amendment

Which item below would be an example of real evidence?

a knife

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

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