How Different Types of + Test Questions & Answers Ch.13

CHAPTER 13 TEST BANK

MULTIPLE CHOICE

1. The introduction of evidence sufficient to sustain a finding that an object is the object that the proponent of the evidence claims it is

a. best evidence rule.

b. authentication.

c. real evidence.

d admission.

2. Which of the following items cannot be self-authenticated?

a. sealed writings

b. public documents

c. a newspaper

d a personal letter

3. The best evidence rule is also called

a. authentication.

b. documentary originals rule.

c. hearsay exception.

d documentary evidence rule.

4. The best evidence rule applies when a writing is

a. legally operative conduct.

b. published.

c. in hardback.

d incidentally recorded.

5. Real evidence is frequently protected by the

a. Fourth Amendment.

b. Fifth Amendment.

c. Sixth Amendment.

d Seventh Amendment.

6. In order for real evidence to be considered admissible, there must be

a. importance.

b. need.

c. foundation.

d standing.

7. Evidence tampering disturbs the

a. best evidence rule.

b. Fifth Amendment protection.

c. chain of custody.

d real evidence doctrine.

8. Which of the following is not a type of real evidence?

a. items connected to a crime

b. videotape

c. sound recording

d marriage license

9. Evidence that is conveyed with a firsthand sense impression is

a. physical evidence.

b. eyewitness account.

c. best evidence.

d demonstrative evidence.

10. The only barrier to admitting drawings and diagrams is

a. reliability.

b. validity.

c. authentication.

d two-pronged test.

11. Scientific evidence is subject to

a. the best evidence rule.

b. the Daubert test.

c. the McNaulty rule.

d strict scrutiny.

12. The Daubert test requires that the science be

a. accepted.

b. social.

c. medical.

d relevant.

13. Statistical evidence is usually not admissible because

a. of the product rule.

b. it is not an accepted mathematical procedure.

c. it is still relatively new.

d not enough people understand it.

14. Polygraph evidence is

a. never permitted in court.

b. 100 percent reliable.

c. not considered a science.

d admissible only in paternity cases.

15. Eyewitness testimony is generally not reliable because

a. memory fades quickly.

b. most people do not have 20/20 vision.

c. people frequently lie.

d many people are racially biased.

16. A pattern of behavior or mental attitude exhibited by a particular person is a

a. profile.

b. genre.

c. syndrome.

d statistical anomaly.

17. All of the following are syndromes except

a. battered woman.

b. rape trauma.

c. drug courier.

d abused child.

18. Although an individual fits a criminal profile, he or she may be

a. guilty.

b. subject to search.

c. innocent.

d carrying narcotics.

19. All of the following characteristics fit within the drug courier profile except

a. carrying little or no luggage.

b. frequently using a credit card.

c. having an unusual itinerary.

d arriving from a major drug-import center.

20. When the signer examines the document after the fact and finds it to be a genuine document, what follows is

a. best evidence rule.

b. competent evidence.

c. duplication.

d attestation.

21. A police officer’s badge is a/an

a. profile key.

b. inscribed chattel.

c. relevant marker.

d executing symbol.

22. Any evidence of the contents of a writing other than the original constitutes

a. duplication.

b. real evidence.

c. material evidence.

d secondary evidence.

23. Which one of the following introduced at the beginning of the chapter is not a general category of evidence?

a. documentary evidence

b. fake evidence

c. testimonial evidence

d real evidence

24. This is evidence sufficient to sustain a finding that an object (or document) is the object (or document) that the proponent of the evidence claims it is.

a. real evidence

b. fake evidence

c. authentic evidence

d fabricated evidence

25. Which of the following is an example of how paper documents are authenticated by distinctive characteristics?

a. when a witness testifies, “That is my signature on the letter”

b. when a writing is authenticated by its “[a]ppearance, contents, substance, internal patterns. . . .”

c. when an expert witness testifies that, in her opinion, the handwriting exemplar before her was written by the same person who presumably wrote a previously authenticated document

d when a witness testifies, “I believe the signature on that letter is that of my spouse”

26. This category of evidence requires no extrinsic evidence, such as witness testimony, as to their authenticity; they are deemed authentic on their face, or at first glance.

a. family documents

b. testimonial documents

c. fabricated documents

d self-authenticating documents

27. The best evidence rule should be applied when

a. the contents of a copy are in dispute.

b. both parties agree to the authenticity of a document.

c. the witness can adequately recall the contents of their testimony.

d the contents of a document are identical to the original.

28. Any evidence of the contents of a writing other than the original is known as

a. primary evidence.

b. secondary evidence.

c. original evidence.

d recorded evidence.

29. Evidence, such as maps, charts, and reconstructions, are known as

a. physical evidence.

b. demonstrative evidence.

c. testimonial evidence.

d documentary evidence.

30. If two parties enter into a written contract, and one party sues the other for a breach of contract, this application of the best evidence rule is known as

a. legally operative conduct.

b. matters incidentally recorded.

c. memorialized and recorded transactions.

d testimony about rules.

31. Which of the following is not a circumstance which secondary evidence of writings can serve in lieu of the originals?

a. lost original

b. unavailable original or beyond reach of judicial process

c. original not in possession of the proponent

d collateral, official, and voluminous writings

32. This states that an oral or written admission will suffice under FRE 1007 (i.e., production of the original is unnecessary when the opponent admits to the contents of the writing, recording, or photograph).

a. admissions doctrine

b. self-authenticating documents

c. duplicates

d documentary evidence

33. A rule of thumb to tell when either the judge or jury should make decisions is that judges make __________ decisions and juries make __________ ones.

a. legal; hypothetical

b. realistic; factual

c. hypothetical; realistic

d legal; factual

34. This term describes evidence that must have been in constant possession of one or more persons typically charged with handling evidence.

a. public records or reports

b. testimony

c. chain of custody

d documentary originals

35. Which of the following is not an admissibility requirement for real evidence?

a. relevancy

b. competency

c. potency

d materiality

36. In cases involving physical injury to a victim (in either a civil or criminal case), it is useful to present the actual victim to the jury. This type of real evidence is an example of

a. viewing the crime scene.

b. scientific evidence.

c. items connected to the crime.

d exhibition of a person.

37. Which of the following is one of the two critical requirements for meeting the Daubert standard?

a. The science in question must be referenced in top journals.

b. The science in question must be valid.

c. The science in question must have quantitative data.

d The science in question must be demonstrated in front of the jury.

38. The product rule becomes problematic when used to calculate the probability of __________ events.

a. independent

b. non-independent

c. dependent

d non-dependent

39. This case held that criminal defendants have no constitutional right to introduce expert testimonial evidence that may passed a polygraph examination.

a. United States v. Scheffer

b. Frye v. United States

c. United States v. Posado

d People v. Baynes

40. Which of the following is not a commonly agreed-upon fact which experts often state about the reliability of eyewitness testimony?

a. memory diminishes quickly

b. stress causes inaccurate recollections

c. witness will always include accurate information in their testimonies

d cross-racial identifications are frequently inaccurate

TRUE/FALSE

1. ____ One of the types of evidence is real/physical evidence.

2. ____ Authentication is the introduction of evidence sufficient to sustain a finding that a document is the document that the proponent of the evidence claims it is.

3. ____ Authentication is still required even when it may serve little purpose.

4. ____ Documents can be authenticated only by an expert witness.

5. ____ A telephone conversation with another person can be authenticated if the person on the other end identifies him- or herself as the one called.

6. ____ “Execution” means that the document was written by a third party.

7. ____ Authentication is often referred to as the “documentary originals rule.”

8. ____ The best evidence rule determines whether the document has to be an original or a copy.

9. ____ The purpose of the best evidence rule is to prove process.

10. ____ In a suit for breach of contract the best evidence rule applies.

11. ____ Real evidence is a form of evidence that is discernible by the senses without the use of a witness.

12. ____ Real evidence is protected by the Fifth Amendment.

13. ____ Real evidence is still competent if it is illegally obtained.

14. ____ For real evidence to be admitted, it must have been in constant possession or custody of one or more persons typically charged with handling evidence.

15. ____ Demonstrative evidence appears throughout the Federal Rules of Evidence.

16. ____ A drawing by an individual is an example of demonstrative evidence.

17. ____ For scientific evidence to be admitted it must pass the Daubert test.

18. ____ Eyewitness testimony is the best type of evidence because it is the most reliable.

19. ____ A syndrome is essentially the same as a profile.

20. ____ If a suspect matches the drug courier profile, probable cause has been established.

21. ____ A syndrome is a pattern of behavior or mental attitude exhibited by a particular person.

22. ____ The idea behind battered woman syndrome is that a woman involved in an abusive relationship develops a sense of helplessness that makes it extremely difficult for her to leave the relationship.

23. ____ Courts quickly accept the approach to rape trauma syndrome that pushes the jury for a guilty verdict despite the lack of physical evidence.

24. ____ Regressive tendencies and behavioral problems are just two symptoms of abused child syndrome.

25. ____ Cross-racial identifications are frequently accurate.

26. ____ Stress can cause witnesses to have a stronger, more accurate recollection of events.

27. ____ Frye v. United States (1923) established polygraph testing as a legitimate science.

28. ____ Even if both parties agree to accept polygraph testimony, the court still urges against using it.

29. ____ The use of DNA evidence has been approved by all courts across the country.

30. ____ Obtaining a DNA sample is intrusive and can only be obtained by drawing blood.

31. ____ Taking a DNA sample from a person constitutes a search and is therefore protected by the Fourth Amendment.

32. ____ One reason to exclude statistical evidence is that it seems to conflict with the notion of proof beyond a reasonable doubt.

33. ____ “Experiments” for the jury needs to be conducted under circumstances similar to those in the event in question.

34. ____ According to the chain of custody, evidence does not have to be in constant possession or custody of one or more persons typically charged with handling evidence.

35. ____ Demonstrative evidence, although its nowhere found in the rules of evidence, are still bound by FRE rules.

SHORT ANSWERS

1. What is the difference between documentary evidence and real/physical evidence?

2. Explain how voices over the telephone can be authenticated.

3. Explain how sealed writings are self-authenticated.

4. What are some common circumstances where it would be appropriate to use secondary evidence of writings to serve in lieu of the original writings?

5. List some flaws or risks of using eyewitness testimony.

• Memory diminishes quickly.
• Stress causes inaccurate recollections.
• Witnesses often include inaccurate information in their testimonies.
• Conversations that witnesses have following events can reinforce flawed perceptions.
• Even accurate descriptions are not necessarily indicative of guilt.
• Cross-racial identifications are frequently inaccurate (see United States v. Curry, 1992, pp. 1050–1052).