Forms of Evidence Verified Test Bank Chapter 3

CHAPTER 3 TEST BANK

MULTIPLE CHOICE

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

a. circumstantial evidence.

b. direct evidence.

c. indirect evidence.

d. inferred evidence.

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

a. an article of clothing

b. a seized weapon

c. a flow chart

d. a contract

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

a. an affidavit

b. a deposition

c. a witness at trial

d. a videotape

4. Which of the following would not be circumstantial evidence that a person had the ability to commit a crime?

a. A burglar was a certified locksmith.

b. A robber owned a shotgun.

c. An embezzler was trained as an accountant.

d. A murderer hated the victim.

5. 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 had stolen money from an employer later left the country

d. a person who embezzled money from work had gambling debts

6. Which of the following would not be circumstantial evidence that a person was acting guilty?

a. a person who had a dispute with a neighbor turned up dead

b. a husband did not cry or seem concerned after his wife disappeared

c. a person who allegedly killed someone was seen burning clothing

d. a person identified in a shooting was seen tossing an item into a sewer

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

a. the judge

b. the prosecution

c. the defense

d. any party

8. 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. judicial notice.

b. presumptions.

c. inferences.

d. blank pad rule.

9. Legalese for “pre-existing or common knowledge” is

a. direct evidence.

b. indirect evidence.

c. judicial review.

d. judicial notice.

10. Which of the following is least likely to be taken into judicial notice without mentioning it at trial?

a. People drive automobiles.

b. Speed limits exist.

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

d. Automobiles are required to drive in the right lane.

11. If judicial notice did not exist, which of the following would be true?

a. Courts would follow the blank pad rule.

b. Trials would take considerably more time.

c. More witnesses would have to be called to present evidence.

d. all of the above

12. Unspoken judicial notice is

a. tacit judicial notice.

b. judicial notice of law.

c. judicial notice of legislative facts.

d. judicial notice of adjudicative facts.

13. Matters of general knowledge not otherwise connected to statutes, constitutions, administrative rules, or other sources of law are called

a. tacit judicial notice.

b. judicial notice of law.

c. judicial notice of legislative facts.

d. judicial notice of adjudicative facts.

14. Closely connected to judicial notice of law is

a. the Uniform Judicial Notice of Foreign Law Act.

b. judicial notice of law.

c. judicial notice of legislative facts.

d. judicial notice of adjudicative facts.

15. Judicial notice

a. bars contrary evidence.

b. makes jury members' duties easier.

c. saves time.

d. all of the above

16. Which of the following does not comply with Rule 201 of the Federal Rules of Evidence to take judicial notice of adjudicative facts?

a. A fact is indisputable.

b. A fact is common knowledge.

c. A fact is ascertainable from a recognized source.

d. A fact is debated in the scientific community.

17. When courts take judicial notice of facts, they essentially circumvent the right to a jury trial, which is guaranteed in the

a. Fourth Amendment.

b. Fifth Amendment.

c. Sixth Amendment.

d. Eighth Amendment.

18. Which of the following is a criticism of judicial notice?

a. It bars contrary evidence.

b. It speeds up trials.

c. It may threaten confrontation.

d. It simplifies the duties of jurors.

19. Judicial notice is actually much like

a. probation.

b. parole.

c. plea bargaining.

d. community corrections.

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

a. Presumptions

b. Inferences

c. Propriety

d. Tenor

21. __________ is/are not mandatory.

a. Presumptions

b. Inferences

c. Propriety

d. Tenor

22. Conclusive presumptions are sometimes called

a. irrebuttable presumptions.

b. rebuttable presumptions.

c. rebuttable inferences.

d. irrebuttable inferences.

23. Which of the following is not true of conclusive presumptions?

a. They must be accepted as true.

b. They cannot be challenged.

c. They are used when the law demands a presumption.

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

24. Which of the following requires that all parties in the case agree with the decision?

a. conclusive presumptions

b. rebuttable presumptions

c. conclusive inferences

d. rebuttable inferences

25. 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.

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

a. First and Fourteenth Amendments.

b. Fifth and Sixth Amendments.

c. Sixth and Fourteenth Amendments.

d. Fifth and Fourteenth Amendments.

27. The only time the defense should be required to offer proof against some presumption is when that presumption is specifically

a. rebuttable.

b. conclusive.

c. not legislatively mandated.

d. irrebuttable.

28. Which of the following is not true of presumptions?

a. They save time.

b. They are good for public policy.

c. They are essential for effectiveness in government.

d. none of the above (they are all true)

29. Which of the following is not typically a rebuttable presumption?

a. the presumption of innocence

b. the presumption that children under the age of seven are incompetent

c. the presumption of sanity

d. the presumption of paternity of a child to two married parents

30. Which of the following presumptions is not rebuttable?

a. the presumption of a guilty mind while in possession of the fruits of a crime

b. the presumption of law

c. the presumption of the regularity of official acts

d. the presumption of death following an unexplained absence

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

a. a presumption

b. an inference

c. a stipulation

d. An agreement

32. Stipulation can be viewed as __________ made by either side.

a. concessions

b. inclusions

c. additions

d. propriety

33. Stipulations are usually made with regard to facts that have __________ on the outcome of the trial.

a. a major bearing

b. little bearing

c. no bearing

d. none of the above

34. Which of the following constitutional amendments would a defense attorney most likely violate if she agreed with too many stipulations proposed by the prosecution?

a. Fourth Amendment

b. Fifth Amendment

c. Sixth Amendment

d. Fourteenth Amendment

35. It is presumed that children under the age of around __________ are not capable of committing a crime

a. seven

b. ten

c. twelve

d. fourteen

36. The term “actus reus” refers to the

a. motive of the offender.

b. criminal act itself.

c. intent of the offender.

d. psychological profile of the offender.

37. The term “mens rea” refers to the

a. criminal act itself.

b. intent of the offender.

c. The psychological profile of the offender.

d. The response of the victim.

38. A(n) __________ is something that can be determined by looking it up in some source, the accuracy of which cannot be easily disputed.

a. ascertainable fact

b. conclusive presumption

c. stipulation

d. inference

39. Which terms means the “method of operation”?

a. ex post facto

b. a priori

c. mortis causa

d. modus operandi

40. Which item below would be an example of real evidence?

a. a flow chart

b. a knife

c. a voice recording

d. a computer simulation

TRUE/FALSE

1. ____ “Real evidence” refers broadly to any tangible item that can be perceived using one of the five senses.

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

3. ____ Hearsay statements are never admissible in court as evidence.

4. ____ It is possible for real evidence to be either direct or circumstantial.

5. ____ It is possible for testimonial evidence to be either direct or circumstantial.

6. ____ Circumstantial evidence does not speak directly to the defendant’s involvement in a crime; it does so in a roundabout way.

7. ____ Evidence of prior crimes is usually admissible.

8. ____ If a person flees in an effort to avoid punishment, then guilt can sometimes be inferred.

9. ____ Judicial notice is a procedure that courts use to determine the truth or falsity of a matter without having to follow the normal rules of evidence.

10. ____ Judicial notice is best understood as a method for saving time.

11. ____ Judicial notice of foreign laws is hardly ever taken.

12. ____ An “ascertainable fact” is one that can be determined by looking it up in some source.

13. ____ Judicial notice decisions are not subject to appellate review.

14. ____ Parties can request judicial notice at the appellate level.

15. ____ Some critics of judicial notice have argued that it violates the Constitution.

16. ____ A propriety is a logical decision based on human knowledge, a decision that connects two or more important facts in some fashion.

17. ____ An inference can also be understood as a substitute for evidence.

18. ____ Because it is up to each individual juror to draw inferences, the rules of evidence make it difficult to restrict them.

19. ____ Our criminal justice system requires that accused persons be presumed innocent until proven guilty.

20. ____ Presumptions of fact are required by law.

21. ____ Presumptions cannot make a jury draw any or some inferences.

22. ____ A Sixth Amendment violation occurs when a conclusive presumption is required by law.

23. ____ Presumptions speed up proceedings.

24. ____ Presumptions are not necessary for the normal functioning of governments and public organizations.

25. ____ Conclusive presumptions are much more common than rebuttable presumptions.

26. ____ Stipulations are agreements between opposing attorneys about some important fact.

27. ____ There are limitations on stipulations.

28. ____ Stipulations cannot be withdrawn.

29. ____ “Credibility” is basically synonymous with “character.”

30. ____ Evidence concerning a person’s character is direct evidence.

31. ____ The presumption of innocence is required by law until evidence is offered that proves otherwise.

32. ____ It is presumed that all citizens in the United States know the law.

33. ____ Presumptions of fact is a presumption where the law requires that an inference or deduction be drawn.

34. ____ Judicial notice places a substantial time burden on the jury.

35. ____ A fact is considered common knowledge if it is considered generally known, by informed individuals, and within the jurisdiction of the trial court.

SHORT ANSWERS

1. What is demonstrative evidence? Give examples.

2. Why is the defendant's mental capacity (usually) not treated as circumstantial evidence?

3. When does the mental capacity of a defendant (usually) matter?

4. What are some examples of behavior that can demonstrate guilt?

5. What is credibility?

Credibility refers to whether a witness should be believed. Credibility is basically synonymous with “character.”