Test Bank Examining Witnesses Chapter 9

CHAPTER 9 TEST BANK

MULTIPLE CHOICE

1. The compulsory process clause is contained in the

a. Fourth Amendment.

b. Fifth Amendment.

c. Sixth Amendment.

d. Eighth Amendment.

2. Degree-bearing and non-degree-bearing are types of

a. expert witnesses.

b. lay witnesses.

c. police witnesses.

d. professional witnesses.

3. Polygraph results are

a. allowed in court hearings.

b. 100 percent reliable.

c. inadmissible in most court hearings.

d. scientific.

4. In regard to expert testimony, voir dire is where

a. an expert’s science is established.

b. the expert’s expertise is established.

c. the expert gives his or her testimony for the case.

d. the judge questions the attorney putting on the expert.

5. In reference to court-appointed experts, the Federal Rules of Evidence state the court

a. may appoint expert witnesses who favor the state.

b. may not appoint any witnesses.

c. must appoint a witness to counter any expert witnesses.

d. may appoint a witness of its own selection.

6. Experts are called for which of the following situations?

a. automobile accidents

b. drug cases

c. examination of the accused

d. all of the above

7. When a bullet slug is recovered from a crime scene,

a. a patrol officer can testify to where it came from.

b. an expert is necessary to convince the jury it came from a particular gun.

c. the naked eye is the best way to determine the weapon it was fired from.

d. it is admitted into the trial’s evidence immediately.

8. A lay witness is an ordinary person who

a. was involved in the case.

b. is knowledgeable about a specific field.

c. has knowledge about the facts of the case at hand.

d. has trained in the area of the case.

9. The accused, when testifying, is protected by the

a. Fifth Amendment.

b. Sixth Amendment.

c. Fourth Amendment.

d. none of the above

10. The initial examination of a witness is

a. cross-examination.

b. redirect examination.

c. direct examination.

d. voir dire.

11. Cross-examination is performed by

a. the party who called the witness.

b. defense counsel.

c. the state.

d. the party who did not call the witness.

12. What helps ensure that the opposing party cannot use cross-examination of the witness to direct the jury’s attention to other issues not raised by the party calling the witness?

a. scope of direct rule

b. M’Naghten rule

c. Daubert test

d. rules of evidence

13. A question that does not call for a narrative is a

a. leading question.

b. direct question.

c. specific question.

d. none of the above

14. A substantive objection is

a. asked and answered.

b. compound.

c. hearsay.

d. argumentative.

15. Questions based on mistakes of evidence or misinterpretation are considered

a. compound.

b. leading.

c. misleading.

d. argumentative.

16. Witnesses can be protected

a. by guards.

b. when the material is of a sensitive nature.

c. if they are not guilty.

d. only by counsel.

17. When a witness violates an order of exclusion, he or she may be

a. placed in prison.

b. charged with a crime.

c. praised.

d. held in contempt.

18. 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

a. factual evidence.

b. expert testimony.

c. opinion evidence.

d. thrown out.

19. The modern approach to opinions is

a. the rule of exclusion.

b. the rule of preference.

c. the rule of evidence.

d. nonexistent.

20. The rule stating that witnesses should, in general, state facts based on personal knowledge rather than inferences or conclusions drawn from such facts is

a. the personal knowledge rule.

b. the scope of direct rule.

c. Daubert test.

d. rules of evidence.

21. What allows witnesses to offer an opinion where recitation of factual perceptions would not convey to the jury what the witnesses heard or observed?

a. the personal knowledge rule

b. the collective facts doctrine

c. the scope of direct rule

d. Daubert test

22. What prohibits experts from expressing opinions on final issues that the judge or jury was charged with deciding?

a. the personal knowledge rule

b. the collective facts doctrine

c. the ultimate issue rule

d. the scope of direct rule

23. Evidence that shows the defendant’s guilt is

a. expert testimony.

b. exculpatory.

c. inculpatory.

d. opinion.

24. Which of the following is sworn testimony given before trial?

a. affidavits

b. declarations

c. depositions

d. confessions

25. What constitutional amendment allows a defendant to compel people to testify?

a. Fourth Amendment

b. Fifth Amendment

c. Sixth Amendment

d. Eighth Amendment

26. What type of witnesses recounts personal knowledge relevant to a case?

a. lay witnesses

b. expert witnesses

c. alibi witnesses

d. observational witnesses

27. What type of witnesses offers opinions relevant to a case?

a. lay witnesses

b. expert witnesses

c. alibi witnesses

d. observational witnesses

28. What is an official court document ordering a witness to appear at trial?

a. warrant

b. subpoena

c. subpoena duces tecum

d. capias

29. What is an official court document ordering a witness to bring court documents to a trial?

a. warrant

b. subpoena

c. subpoena duces tecum

d. capias

30. In which of the following situations could a person claim protection via the Fifth Amendment?

a. A defendant claims self-defense and must testify.

b. A witness is asked incriminating questions after a grant of immunity.

c. A witness is asked questions that might harm his or her reputation.

d. A witness is subpoenaed and asked if he or she has recently committed any crimes.

31. During what stage of a trial will a witness receive initial questioning?

a. direct examination

b. cross-examination

c. redirect examination

d. recross-examination

32. During what stage of a trial does impeachment most often occur?

a. direct examination

b. cross-examination

c. redirect examination

d. recross-examination

33. What stage of questioning, if it occurs, is most limited in the scope of questioning?

a. direct examination

b. cross-examination

c. redirect examination

d. recross-examination

34. In which of the following circumstances would a leading question not be permissible?

a. during preliminary or undisputed matters

b. when questioning a child

c. when questioning a hostile witness

d. when questioning a compliant witness

35. During what stage of questioning are leading questions most often asked?

a. direct examination

b. cross-examination

c. redirect examination

d. recross-examination

36. 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?

a. asked and answered

b. assumption of facts not in evidence

c. argumentative

d. speculation and conjecture

37. Which of the following objections would an attorney most likely raise if during cross-examination a question was posed to a witness asking about circumstances not presented during direct examination?

a. asked and answered

b. assumption of facts not in evidence

c. argumentative

d. nonresponsive to question

38. 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?

a. asked and answered

b. assumption of facts not in evidence

c. argumentative

d. nonresponsive to question

39. 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?

a. asked and answered

b. assumption of facts not in evidence

c. nonresponsive to question

d. speculation and conjecture

40. 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?

a. asked and answered

b. speculation and conjecture

c. argumentative

d. nonresponsive to question

TRUE/FALSE

1. ____ A degree-bearing is a type of expert witness.

2. ____ The Daubert test is important in evaluating ballistics testimony.

3. ____ A prerequisite for expert testimony is that there must be a need for it.

4. ____ Tendering a witness occurs right before the qualification process.

5. ____ Only the court can appoint expert witnesses.

6. ____ Court-appointed experts are typically compelled to testify.

7. ____ Court-appointed experts are not subject to cross-examination.

8. ____ Fingerprints must be identified by an expert witness.

9. ____ A lay witness is the accused.

10. ____ When the accused takes the stand, he or she can invoke the Fifth Amendment.

11. ____ Witnesses are examined in four stages.

12. ____ Witnesses can be cross-examined twice during the time they are called.

13. ____ Leading is a perfectly acceptable legal maneuver.

14. ____ Leading questions are permitted when the witness is difficult to control without leading questions.

15. ____ Refreshing a witness’s memory involves past memory recorded.

16. ____ All objections are substantive.

17. ____ Asked and answered is a substantive objection.

18. ____ The judge may not call his or her own witnesses.

19. ____ At common law opinion evidence was governed by the opinion rule.

20. ____ The personal knowledge rule is the heart of the opinion rule.

21. ____ Expert witnesses are always required to disclose facts and/or data responsible for their opinions.

22. ____ Disclosure may be required if an expert’s opinion is based on “cutting edge” research.

23. ____ A lay witness is anyone who knows more about the subject of his or her testimony than would be typical juror.

24. ____ Rule 704(b) applies to lay testimony.

25. ____ The ultimate issue rule prohibited experts from expressing opinions on final issues that the judge or jury was charged with deciding.

26. ____ Lay witnesses can be permitted to testify concerning a person’s age.

27. ____ Lay witnesses cannot testify about people’s appearances.

28. ____ Lay witnesses can testify concerning a person’s conduct.

29. ____ Never has a lay witness been permitted to testify about a person’s handwriting.

30. ____ Lay opinions based on hearsay are always permissible.

31. ____ Collective facts doctrine allow witnesses to offer opinions when recitation of factual perceptions would not convey to the jury what the witness heard or observed.

32. ____ Lay opinion is evidence given by a witness who has not been presented as and is not qualified to be an expert.

33. ____ Witnesses should state facts based on their inferences and conclusions rather than based on personal knowledge.

34. ____ Opinion evidence is evidence of what the witness thinks, believes, or infers in regard to facts in dispute.

35. ____ Witness inclusion is the process of separating witnesses while they are outside the courtroom.

SHORT ANSWERS

1. What is a deposition?

2. What are the three types of witnesses?

3. What are the two primary factors that the Daubert test requires that the trial judge make the determination of whether an expert’s testimony is acceptable in court?

4. What is the procedure for selecting court-appointed experts?

5. Explain the difference when objections are either sustained or overruled.

An objection is sustained when the judge prohibits the witness from answering the specific question posed. An objection is overruled when the judge permits the witness to answer the question.