mid term result for 204

User Kenneth R Ward Course 2012MFA-MADJU-204-3281 Test Mid-Term Started 10/21/12 3:45 PM Submitted 10/21/12 4:25 PM Status Completed Score 41 out of 50 points Time Elapsed 40 minutes out of 2 hours. Instructions Question 1 1 out of 1 points The U.S. Constitution represents the oldest, codified national constitution in the contemporary world. Answer Selected Answer: b. True Question 2 0 out of 1 points Who is considered to be the father of evidence law in the United States? Answer Selected Answer: a. J. Edgar Hoover Question 3 1 out of 1 points The Uniform Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law due to the arbitrary and capricious nature of bordering states. Answer Selected Answer: a. True Question 4 1 out of 1 points Which Amendment grants individuals the right of a speedy and public trial, the right to an impartial jury of one’s peers, the right to be informed of the charges against one, the right to confront witnesses, the right to subpoena, and the right to counsel? Answer Selected Answer: a. Sixth Question 5 1 out of 1 points Civil law is a legal system derived from Answer Selected Answer: b. Roman Law Question 6 1 out of 1 points Crimes are defined as behaviors, which are inherently wrong or immoral in and of themselves are called Answer Selected Answer: a. Mala in se Question 7 1 out of 1 points Criminal laws on the federal level may be enacted by Congress only in the protection of Congress and its interests; the regulation of interstate and foreign commerce; the protection of civil rights, and the sovereignty of areas not otherwise claimed or accounted for. Answer Selected Answer: b. True Question 8 1 out of 1 points Precedents established in one state are not binding even on bordering states. Answer Selected Answer: a. True Question 9 1 out of 1 points Which of the following is known as the oldest legal code in the world? Answer Selected Answer: b. Code of Hammurabi Question 10 1 out of 1 points The doctrine of precedent, stare decisis is Latin for to stand by that which is decided. Answer Selected Answer: a. True Question 11 1 out of 1 points Since inception, the American legal system has consisted of a system in which a strong central government provides a national infrastructure simultaneous to state governance of a judicial entity. Answer Selected Answer: b. True Question 12 0 out of 1 points What law refers to the system of law established in England, which spread too much of the English-speaking world? Answer Selected Answer: b. Civil Law Question 13 0 out of 1 points Which legal system proved to be the most pervasive and foundational of all of the legal systems identified by Wigmore? Answer Selected Answer: d. Roman Question 14 1 out of 1 points Material evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury. Answer Selected Answer: a. False Question 15 1 out of 1 points Which Amendment specifically precludes searches and seizures without probable cause? Answer Selected Answer: b. Fourth Question 16 1 out of 1 points Which of the following contain all manner of evidence within the case-in-chief? Answer Selected Answer: d. All of the above Question 17 1 out of 1 points Which of the following is not a type of state court? Answer Selected Answer: c. Bankruptcy Courts Question 18 0 out of 1 points Pretrial proceedings consist of all but one of the following Answer Selected Answer: b. Pleas & Plea bargaining Question 19 1 out of 1 points The federal rules of evidence, and some states, does not allow judges to independently call and question witnesses. Answer Selected Answer: b. False Question 20 1 out of 1 points The state court system is also solely responsible for the hearing of bankruptcy cases. Answer Selected Answer: a. False Question 21 1 out of 1 points The American system of criminal justice is based on the concept of advocacy, adversary, and justice. Answer Selected Answer: a. True Question 22 1 out of 1 points Currently, there are how many federal judicial districts? Answer Selected Answer: b. 94 Question 23 1 out of 1 points Which of the following is not a strategy for impeachment of a witness? Answer Selected Answer: b. Disclosure that the witness is not being rewarded for testimony Question 24 1 out of 1 points There 324 bankruptcy judges in the United States, each of whom has been appointed by the Court of Appeals for ___ year terms per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984. Answer Selected Answer: a. 14 Question 25 1 out of 1 points The contemporary system of justice in the United States is bifurcated into a twotiered entity consisting of trial and appellate courts. Answer Selected Answer: a. True Question 26 1 out of 1 points All federal judges are appointed for life. Answer Selected Answer: b. True Question 27 1 out of 1 points The primary role of criminal defense attorneys is to effectively and conscientiously serves as both counselor and advocate to the accused. Answer Selected Answer: a. True Question 28 1 out of 1 points There are how many federal regional circuit courts? Answer Selected Answer: a. 13 Question 29 1 out of 1 points The requirements for successful claims of self-defense include: Answer Selected Answer: d. All of the above Question 30 0 out of 1 points A conclusion or deduction, which is required by law, is called: Answer Selected Answer: c. None of the above Question 31 1 out of 1 points Per Rule 404 of the Federal Rules of Evidence, character evidence is admissible for the demonstration of guilt. Answer Selected Answer: a. False Question 32 1 out of 1 points American law is such that only the jury may consider that matter which is relevant, material, and lawfully collected. Answer Selected Answer: a. True Question 33 0 out of 1 points Which systems of inquiry hold that relevance may only be established in cases in which the inference is more probable than others? Answer Selected Answer: d. Third Question 34 1 out of 1 points Witness competency is a demonstration that the witness had personal knowledge as required by Rule 602 of the Federal Rules of Evidence. Answer Selected Answer: a. True Question 35 1 out of 1 points Which Federal Rules of Evidence provides for the exclusion of relevant evidence if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence? Answer Selected Answer: c. Rule 403 Question 36 1 out of 1 points Concealment is one of the most common actions after the commission of the act introduced into the records as circumstantial evidence. Answer Selected Answer: a. True Question 37 0 out of 1 points According to FRE 602, all relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Answer Selected Answer: a. True Question 38 1 out of 1 points The final standard of admissibility of evidence is most consistent with the Federal Rule 401. By far the most stringent, Rule 401 is more likely to result in the admissibility of an item than not. Answer Selected Answer: b. False Question 39 1 out of 1 points The state is prohibited from venturing is the invocation of the right to an attorney as guaranteed by what Amendment? Answer Selected Answer: c. Sixth Question 40 1 out of 1 points Means may be established through the demonstration of which of the following? Answer Selected Answer: c. All of the above Question 41 1 out of 1 points Admissions by conduct are generally admissible under Federal Rule of Evidence 801, which governs the admissibility of hearsay evidence. They include all but one of the following: Answer Selected Answer: a. Non- payment of medical expenses Question 42 0 out of 1 points In which of the following cases did the Court addressed the introduction of testimony that the defendant had requested an attorney and had refused to answer the questions of officers. Answer Selected Answer: a. Wilkes v Johnston Question 43 1 out of 1 points Until the passage of rape shield laws, victims could be asked questions regarding their sexual history, their sexual preferences, and even, sexual activity with their spouses. Answer Selected Answer: b. True Question 44 1 out of 1 points The passage of the Magna Carta in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law. Answer Selected Answer: b. True Question 45 0 out of 1 points Which Court case noted that "A search warrant could be served at any time of the day or night so long as the issuing officer was ““satisfied that there is probable cause to believe that the grounds for the application exist . . . ." Answer Selected Answer: a. Anticipatory Question 46 1 out of 1 points Probable cause may be defined as that standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime. Answer Selected Answer: a. True Question 47 1 out of 1 points Which type of search warrant may be issued if demonstration is made of the potentiality of circumvention of justice or threat to human life exists? Answer Selected Answer: a. No Knock Question 48 1 out of 1 points Which Court case noted that "the particularity requirement's purpose is not limited to preventing general searches; it also assures the individual whose property is searched and seized of the executing officer's legal authority, his need to search, and the limits of his power to do so?" Answer Selected Answer: b. Groh v. Ramirez Question 49 1 out of 1 points For American citizens, the protection from unlawful detainment, inquiry, and search resides firmly within the First Amendment. Answer Selected Answer: a. False Question 50 1 out of 1 points Reasonable suspicion is the highest of all legal standards of evidence. Answer Selected Answer: b. False Question 1 1 out of 1 points The U.S. Constitution represents the oldest, codified national constitution in the contemporary world. Answer Selected Answer: b. True Question 2 0 out of 1 points Who is considered to be the father of evidence law in the United States? Answer Selected Answer: a. J. Edgar Hoover Question 3 1 out of 1 points The Uniform Rules of Evidence were created by the National Conference on Commissioners on Uniform State Law due to the arbitrary and capricious nature of bordering states. Answer Selected Answer: a. True Question 4 1 out of 1 points Which Amendment grants individuals the right of a speedy and public trial, the right to an impartial jury of one’s peers, the right to be informed of the charges against one, the right to confront witnesses, the right to subpoena, and the right to counsel? Answer Selected Answer: a. Sixth Question 5 1 out of 1 points Civil law is a legal system derived from Answer Selected Answer: b. Roman Law Question 6 1 out of 1 points Crimes are defined as behaviors, which are inherently wrong or immoral in and of themselves are called Answer Selected Answer: a. Mala in se Question 7 1 out of 1 points Criminal laws on the federal level may be enacted by Congress only in the protection of Congress and its interests; the regulation of interstate and foreign commerce; the protection of civil rights, and the sovereignty of areas not otherwise claimed or accounted for. Answer Selected Answer: b. True Question 8 1 out of 1 points Precedents established in one state are not binding even on bordering states. Answer Selected Answer: a. True Question 9 1 out of 1 points Which of the following is known as the oldest legal code in the world? Answer Selected Answer: b. Code of Hammurabi Question 10 1 out of 1 points The doctrine of precedent, stare decisis is Latin for to stand by that which is decided. Answer Selected Answer: a. True Question 11 1 out of 1 points Since inception, the American legal system has consisted of a system in which a strong central government provides a national infrastructure simultaneous to state governance of a judicial entity. Answer Selected Answer: b. True Question 12 0 out of 1 points What law refers to the system of law established in England, which spread too much of the English-speaking world? Answer Selected Answer: b. Civil Law Question 13 0 out of 1 points Which legal system proved to be the most pervasive and foundational of all of the legal systems identified by Wigmore? Answer Selected Answer: d. Roman Question 14 1 out of 1 points Material evidence may be defined as any material evidence having probative value regarding something at issue, with probity defined as that evidence which has an impact on the jury. Answer Selected Answer: a. False Question 15 1 out of 1 points Which Amendment specifically precludes searches and seizures without probable cause? Answer Selected Answer: b. Fourth Question 16 1 out of 1 points Which of the following contain all manner of evidence within the case-in-chief? Answer Selected Answer: d. All of the above Question 17 1 out of 1 points Which of the following is not a type of state court? Answer Selected Answer: c. Bankruptcy Courts Question 18 0 out of 1 points Pretrial proceedings consist of all but one of the following Answer Selected Answer: b. Pleas & Plea bargaining Question 19 1 out of 1 points The federal rules of evidence, and some states, does not allow judges to independently call and question witnesses. Answer Selected Answer: b. False Question 20 1 out of 1 points The state court system is also solely responsible for the hearing of bankruptcy cases. Answer Selected Answer: a. False Question 21 1 out of 1 points The American system of criminal justice is based on the concept of advocacy, adversary, and justice. Answer Selected Answer: a. True Question 22 1 out of 1 points Currently, there are how many federal judicial districts? Answer Selected Answer: b. 94 Question 23 1 out of 1 points Which of the following is not a strategy for impeachment of a witness? Answer Selected Answer: b. Disclosure that the witness is not being rewarded for testimony Question 24 1 out of 1 points There 324 bankruptcy judges in the United States, each of whom has been appointed by the Court of Appeals for ___ year terms per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984. Answer Selected Answer: a. 14 Question 25 1 out of 1 points The contemporary system of justice in the United States is bifurcated into a twotiered entity consisting of trial and appellate courts. Answer Selected Answer: a. True Question 26 1 out of 1 points All federal judges are appointed for life. Answer Selected Answer: b. True Question 27 1 out of 1 points The primary role of criminal defense attorneys is to effectively and conscientiously serves as both counselor and advocate to the accused. Answer Selected Answer: a. True Question 28 1 out of 1 points There are how many federal regional circuit courts? Answer Selected Answer: a. 13 Question 29 1 out of 1 points The requirements for successful claims of self-defense include: Answer Selected Answer: d. All of the above Question 30 0 out of 1 points A conclusion or deduction, which is required by law, is called: Answer Selected Answer: c. None of the above Question 31 1 out of 1 points Per Rule 404 of the Federal Rules of Evidence, character evidence is admissible for the demonstration of guilt. Answer Selected Answer: a. False Question 32 1 out of 1 points American law is such that only the jury may consider that matter which is relevant, material, and lawfully collected. Answer Selected Answer: a. True Question 33 0 out of 1 points Which systems of inquiry hold that relevance may only be established in cases in which the inference is more probable than others? Answer Selected Answer: d. Third Question 34 1 out of 1 points Witness competency is a demonstration that the witness had personal knowledge as required by Rule 602 of the Federal Rules of Evidence. Answer Selected Answer: a. True Question 35 1 out of 1 points Which Federal Rules of Evidence provides for the exclusion of relevant evidence if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence? Answer Selected Answer: c. Rule 403 Question 36 1 out of 1 points Concealment is one of the most common actions after the commission of the act introduced into the records as circumstantial evidence. Answer Selected Answer: a. True Question 37 0 out of 1 points According to FRE 602, all relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Answer Selected Answer: a. True Question 38 1 out of 1 points The final standard of admissibility of evidence is most consistent with the Federal Rule 401. By far the most stringent, Rule 401 is more likely to result in the admissibility of an item than not. Answer Selected Answer: b. False Question 39 1 out of 1 points The state is prohibited from venturing is the invocation of the right to an attorney as guaranteed by what Amendment? Answer Selected Answer: c. Sixth Question 40 1 out of 1 points Means may be established through the demonstration of which of the following? Answer Selected Answer: c. All of the above Question 41 1 out of 1 points Admissions by conduct are generally admissible under Federal Rule of Evidence 801, which governs the admissibility of hearsay evidence. They include all but one of the following: Answer Selected Answer: a. Non- payment of medical expenses Question 42 0 out of 1 points In which of the following cases did the Court addressed the introduction of testimony that the defendant had requested an attorney and had refused to answer the questions of officers. Answer Selected Answer: a. Wilkes v Johnston Question 43 1 out of 1 points Until the passage of rape shield laws, victims could be asked questions regarding their sexual history, their sexual preferences, and even, sexual activity with their spouses. Answer Selected Answer: b. True Question 44 1 out of 1 points The passage of the Magna Carta in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law. Answer Selected Answer: b. True Question 45 0 out of 1 points Which Court case noted that "A search warrant could be served at any time of the day or night so long as the issuing officer was ““satisfied that there is probable cause to believe that the grounds for the application exist . . . ." Answer Selected Answer: a. Anticipatory Question 46 1 out of 1 points Probable cause may be defined as that standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime. Answer Selected Answer: a. True Question 47 1 out of 1 points Which type of search warrant may be issued if demonstration is made of the potentiality of circumvention of justice or threat to human life exists? Answer Selected Answer: a. No Knock Question 48 1 out of 1 points Which Court case noted that "the particularity requirement's purpose is not limited to preventing general searches; it also assures the individual whose property is searched and seized of the executing officer's legal authority, his need to search, and the limits of his power to do so?" Answer Selected Answer: b. Groh v. Ramirez Question 49 1 out of 1 points For American citizens, the protection from unlawful detainment, inquiry, and search resides firmly within the First Amendment. Answer Selected Answer: a. False Question 50 1 out of 1 points Reasonable suspicion is the highest of all legal standards of evidence. Answer Selected Answer: b. False Question 1 1 out of 1 points Methods of impeachment include all but one of the following: Answer Selected Answer: b. Wealth Question 2 0 out of 1 points The French term voir dire literally means: Answer Selected Answer: c. See the Truth Question 3 0 out of 1 points Defendants choosing to take the stand cannot be criminally prosecuted for offering untruthful (i.e. perjured) testimony in their defense. Answer Selected Answer: b. True Question 4 1 out of 1 points A subpoena ad testificandum specifically directs the production of documents or materials. Answer Selected Answer: b. False Question 5 0 out of 1 points All individual witnesses must be prepared to issue and oath or affirmation. Answer Selected Answer: b. False Question 6 1 out of 1 points The necessity for voir dire derives primarily from the presumption that children may fail to appreciate the consequences of their testimony and the importance of complete and total disclosure and veracity. Answer Selected Answer: b. True Question 7 0 out of 1 points The importance of truthful testimony did not originate in the United States. One of the oldest and first law noted is: Answer Selected Answer: d. Magna Charter Question 8 1 out of 1 points The competency of a witness need not be evaluated on a case-by-case basis. Answer Selected Answer: b. False Question 9 0 out of 1 points The most important, requirement for witnesses is that of competency. Answer Selected Answer: a. False Question 10 0 out of 1 points All defendants have the right to testify in their own behalf as provided by which of the following Amendments? Answer Selected Answer: c. First and Sixth Question 11 0 out of 1 points In Contemporary American court systems, only criminal courts could not operate without them, as a witness must introduce all evidence. Answer Selected Answer: b. True Question 12 0 out of 1 points The jury (or judge in a bench trial) is the absolute trier of fact. Answer Selected Answer: a. False Question 13 0 out of 1 points Prior to which century did jurors statutorily act as both the triers and the witness of fact? Answer Selected Answer: b. Eighteenth Question 14 1 out of 1 points Non-specific methods of impeachment include: Answer Selected Answer: d. All of the above Question 15 0 out of 1 points There are how many primary methods of witness impeachment? Answer Selected Answer: b. Four Question 16 0 out of 1 points In American society, perjury statutes exist only at the state level. Answer Selected Answer: b. True Question 17 0 out of 1 points Methods used to attack the competency of the witness through assertions of dishonest or untruthful behavior include which of the following? Answer Selected Answer: c. Past convictions in criminal court Question 18 1 out of 1 points The Court has ruled that the Confrontation Clause of the 6th Amendment does not include an absolute right to a face-to-face confrontation. Answer Selected Answer: b. True Question 19 0 out of 1 points Prior to the 15th Century, jurors statutorily acted as both the triers and the witnesses of fact. Answer Selected Answer: b. True Question 20 1 out of 1 points Unless stipulated to or judicially noted, jurors are not obligated in any situation to accept facts which are contrary to physical facts, laws of nature, common knowledge, or personal experience. Answer Selected Answer: b. True Question 1 1 out of 1 points The Court has ruled that the Confrontation Clause of the 6th Amendment does not include an absolute right to a face-to-face confrontation. Answer Selected Answer: b. True Question 2 0 out of 1 points Prior to which century did jurors statutorily act as both the triers and the witness of fact? Answer Selected Answer: d. Thirteenth Question 3 1 out of 1 points The jury (or judge in a bench trial) is the absolute trier of fact. Answer Selected Answer: a. True Question 4 0 out of 1 points There are how many primary methods of witness impeachment? Answer Selected Answer: c. Five Question 5 0 out of 1 points A witness may not be impeached by a demonstration of bias. Answer Selected Answer: b. True Question 6 0 out of 1 points The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. They include all but one of the following, Answer Selected Answer: b. Mandatory compulsion of personal appearance at trial. Question 7 0 out of 1 points Which Amendment provides that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense? Answer Selected Answer: c. Fourteenth Amendment Question 8 1 out of 1 points The importance of truthful testimony did not originate in the United States. One of the oldest and first law noted is: Answer Selected Answer: d. Code of Hammurabi Question 9 1 out of 1 points A subpoena ad testificandum specifically directs the production of documents or materials. Answer Selected Answer: b. False Question 10 0 out of 1 points A defendant's right to testify at any stage of the defense case was firmly established in what year? Answer Selected Answer: d. 1964 Question 11 0 out of 1 points Which Amendment contains a Confrontation Clause? Answer Selected Answer: a. Fourteenth Amendment Question 12 1 out of 1 points The necessity for voir dire derives primarily from the presumption that children may fail to appreciate the consequences of their testimony and the importance of complete and total disclosure and veracity. Answer Selected Answer: a. True Question 13 0 out of 1 points Which of the following are primary qualifications for witnesses in American courts? Answer Selected Answer: c. Competency Question 14 0 out of 1 points Which Federal Rule of Evidence states "A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony? Answer Selected Answer: c. FRE 603 Question 15 0 out of 1 points All defendants have the right to testify in their own behalf as provided by which of the following Amendments? Answer Selected Answer: d. Fourth and Sixth Question 16 1 out of 1 points In American society, perjury statutes exist only at the state level. Answer Selected Answer: b. False Question 17 1 out of 1 points Unless stipulated to or judicially noted, jurors are not obligated in any situation to accept facts which are contrary to physical facts, laws of nature, common knowledge, or personal experience. Answer Selected Answer: a. True Question 18 1 out of 1 points Methods of impeachment include all but one of the following: Answer Selected Answer: d. Wealth Question 19 1 out of 1 points The competency of a witness need not be evaluated on a case-by-case basis. Answer Selected Answer: b. False Question 20 1 out of 1 points Prior to the 15th Century, jurors statutorily acted as both the triers and the witnesses of fact. Answer Selected Answer: a. False Question 1 1 out of 1 points The standard for the introduction of scientific or technical evidence stems from only statutory law. Answer Selected Answer: b. False Question 2 0 out of 1 points While judges will rule on the admissibility and scope of a particular witness’’ testimony, it is up to the jury to assign weight and importance of it. Answer Selected Answer: a. False Question 3 1 out of 1 points Generally speaking, there are three types of witnesses in a criminal court. Answer Selected Answer: a. False Question 4 0 out of 1 points Witnesses in American courts are required to have first hand knowledge of a matter at issue and have the capacity to communicate such knowledge to the court. Answer Selected Answer: b. False Question 5 0 out of 1 points There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but one of the following: Answer Selected Answer: d. All of the above Question 6 0 out of 1 points Evidence referring to supplementary supporting evidence, which tends to strengthen or confirm extant evidence is known as: Answer Selected Answer: d. Scientific evidence Question 7 0 out of 1 points Expert witnesses are often utilized in high profile cases. Answer Selected Answer: b. False Question 8 1 out of 1 points In which of the following court cases did the court establish a legal standard when they recognized the difficulty in evaluating new technology and science. Answer Selected Answer: a. Frye v. United States Question 9 1 out of 1 points Judges must determine whether a particular individual possesses the adequate qualifications as well as determining whether expert testimony exists in a certain area consequently, the court will ask how many basic questions: Answer Selected Answer: c. Three Question 10 0 out of 1 points The demonstration of the veracity of a particular witness is often attempted immediately after: Answer Selected Answer: b. Redirect examination Question 11 1 out of 1 points To demonstrate competency, a witness testifying must be an individual with personal knowledge who has: Answer Selected Answer: b. All of the above Question 12 1 out of 1 points Expert witnesses are only allowed in cases in which certain evidence in the case is within the understanding of the average juror. Answer Selected Answer: b. False Question 13 0 out of 1 points The identity and the background of all expert witnesses need not be shared with opposing counsel. Answer Selected Answer: a. True Question 14 1 out of 1 points Lay witness testimony is generally limited which of the following? Answer Selected Answer: b. All of the above Question 15 0 out of 1 points Professional challenges to the methodology or techniques employed may include: Answer Selected Answer: b. Competing technologies Question 16 0 out of 1 points In most cases, police officers also testify as lay witnesses. Answer Selected Answer: a. False Question 17 0 out of 1 points Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court? Answer Selected Answer: c. Second Hand Question 18 0 out of 1 points Cross examination is conducted by opposing counsel at the conclusion of direct examination and is usually limited to leading questions. Answer Selected Answer: b. True Question 19 0 out of 1 points The Federal Rule of Evidence pertaining to opinion testimony by lay witness is: Answer Selected Answer: b. FRE-703 Question 20 0 out of 1 points Recross-examination is the second stage in the examination of witnesses. Answer Selected Answer: b. True Question 1 1 out of 1 points There are how many types of witnesses in a criminal court? Answer Selected Answer: c. Two Question 2 1 out of 1 points Witnesses in American courts are required to have first hand knowledge of a matter at issue and have the capacity to communicate such knowledge to the court. Answer Selected Answer: a. True Question 3 0 out of 1 points Expert witnesses are those individuals privy to an event relevant to the issue at hand. Answer Selected Answer: a. True Question 4 0 out of 1 points There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but one of the following: Answer Selected Answer: b. Testimony in previous cases Question 5 1 out of 1 points The standard for the introduction of scientific or technical evidence stems from only statutory law. Answer Selected Answer: b. False Question 6 0 out of 1 points Cross-examination is conducted by opposing counsel. This is done after the conclusion of the direct examination and is usually limited to: Answer Selected Answer: d. Coached questions Question 7 0 out of 1 points The demonstration of the veracity of a particular witness is often attempted immediately after: Answer Selected Answer: c. Recross examination Question 8 1 out of 1 points In which of the following court cases did the court establish a legal standard when they recognized the difficulty in evaluating new technology and science. Answer Selected Answer: b. Frye v. United States Question 9 0 out of 1 points What is the final stage in the examination of witnesses? Answer Selected Answer: b. None of the above Question 10 1 out of 1 points A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opinion or otherwise, if Answer Selected Answer: d. None of the Above Question 11 1 out of 1 points Judges must determine whether a particular individual possesses the adequate qualifications as well as determining whether expert testimony exists in a certain area consequently, the court will ask how many basic questions: Answer Selected Answer: d. Three Question 12 1 out of 1 points Not all evidence must be competent, relevant, and material to the issue at hand. Answer Selected Answer: b. False Question 13 1 out of 1 points Cross examination is conducted by opposing counsel at the conclusion of direct examination and is usually limited to leading questions. Answer Selected Answer: a. False Question 14 0 out of 1 points Unlike direct examination, cross-examination is exploratory in nature. Answer Selected Answer: a. False Question 15 0 out of 1 points The testimony of expert witnesses may not invade which of the following issues that the judge or jury is required to decide? Answer Selected Answer: b. Stipulations Question 16 0 out of 1 points Expert witnesses are only allowed in cases in which certain evidence in the case is within the understanding of the average juror. Answer Selected Answer: b. True Question 17 1 out of 1 points Lay witness testimony is generally limited which of the following? Answer Selected Answer: b. All of the above Question 18 1 out of 1 points Expert witnesses are often utilized in high profile cases. Answer Selected Answer: b. True Question 19 0 out of 1 points Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court? Answer Selected Answer: b. First Hand Question 20 1 out of 1 points Recross-examination is the second stage in the examination of witnesses. Answer Selected Answer: a. False Question 1 1 out of 1 points Which Amendment contains a Confrontation Clause? Answer Selected Answer: a. Sixth Amendment Question 2 0 out of 1 points With regards to dealing with admission by silence, the courts have established some guidelines for evaluation of such. Which of the following requirements is not usually considered: Answer Selected Answer: c. The statement itself be of such a nature that if untrue would demand a denial Question 3 0 out of 1 points If a witness testifies that when she asked where brother was, her friend pointed to the trunk of his car where the body of her murdered brother was. This is known as what type of statement? Answer Selected Answer: b. Admission Question 4 0 out of 1 points The dying declaration exception is grounded in the theory that some statements are inherently trustworthy. Answer Selected Answer: b. False Question 5 0 out of 1 points If you are confronted by statements elements of which are untruthful and choose not to challenge these assertions, your action is admission of guilt by: Answer Selected Answer: a. Self-Confession Question 6 1 out of 1 points The common-law definition of hearsay continued in the United States until the ratification of the Declaration of Independence. Answer Selected Answer: b. False Question 7 0 out of 1 points Which Federal Rule of Evidence provides a mechanism in which opposing counsel may question or otherwise impeach a witness? Answer Selected Answer: b. FRE 807 Question 8 0 out of 1 points A witness must introduce all evidence in a criminal trial. Answer Selected Answer: b. False Question 9 0 out of 1 points A statement of which the party has manifested a belief in its truth is known as an Answer Selected Answer: a. Admission by silence Question 10 0 out of 1 points The precursor to the American hearsay rule originated in the 1600’’s immediately following the trial of: Answer Selected Answer: c. Sir Walter James Question 11 0 out of 1 points Co-conspirator statements are admissible because they have what kind of reliability? Answer Selected Answer: a. Indicia of reliability Question 12 0 out of 1 points Statements made by co-conspirators during the course and in furtherance of the criminal conspiracy are often referred to as the Anti-Conspirator Rule. Answer Selected Answer: b. True Question 13 0 out of 1 points The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but one of the following? Answer Selected Answer: a. Statement of family history Question 14 0 out of 1 points In American courts, hearsay may be defined as any statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Answer Selected Answer: b. False Question 15 1 out of 1 points Under the Federal Rules of Evidence, a variety of regularly kept records exceptions to the Hearsay Rule exists. Which of the following are categories of permissible statements? Answer Selected Answer: b. All of the above Question 16 1 out of 1 points Which of the following is not one of the situations in which hearsay statements of available witnesses may be introduced? Answer Selected Answer: a. None of the above Question 17 1 out of 1 points All of the exceptions to the Hearsay Rule rely upon the prima facie indicia. Answer Selected Answer: b. False Question 18 0 out of 1 points A Statement made by a co-conspirator is considered by the court as Answer Selected Answer: c. Hearsay Question 19 0 out of 1 points The precursor to the American hearsay rule originated in the 1600's immediately following the trial of Sir William Wallace. Answer Selected Answer: b. True Question 20 0 out of 1 points There are how many broad categories of hearsay? Answer Selected Answer: c. Three Question 1 1 out of 1 points In order for a witness to be declared "unavailable" due to testimonial privilege, they must first present which of the following legal justifications? Answer Selected Answer: d. All of the above Question 2 1 out of 1 points There are only two broad categories of hearsay. Answer Selected Answer: a. True Question 3 1 out of 1 points Some elements of plea negotiations are admissible under the Hearsay Rule as they are considered to be verbal admissions by a party to the matter. Answer Selected Answer: b. True Question 4 1 out of 1 points Statements made by co-conspirators during the course and in furtherance of the criminal conspiracy are often referred to as the Anti-Conspirator Rule. Answer Selected Answer: a. False Question 5 1 out of 1 points The common-law definition of hearsay continued in the United States until the ratification of the Declaration of Independence. Answer Selected Answer: a. False Question 6 0 out of 1 points The hearsay rule permits only those statements, which are offered in evidence to prove the truth of the matter asserted. Answer Selected Answer: a. True Question 7 0 out of 1 points Which of the following is an exception to the Hearsay Rule, which is grounded in the theory that some statements are inherently trustworthy? Answer Selected Answer: c. None of the above Question 8 0 out of 1 points The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but one of the following? Answer Selected Answer: b. Dying Declaration Question 9 1 out of 1 points If a witness testifies that when she asked where brother was, her friend pointed to the trunk of his car where the body of her murdered brother was. This is known as what type of statement? Answer Selected Answer: c. Nonverbal assertion Question 10 0 out of 1 points There are two broad categories of Hearsay Exceptions. Those in which the witness is unavailable; and those in which the presence of the declarant is immaterial. Answer Selected Answer: b. False Question 11 1 out of 1 points Which Federal Rule of Evidence provides a mechanism in which opposing counsel may question or otherwise impeach a witness? Answer Selected Answer: b. FRE 806 Question 12 0 out of 1 points There are four general requirements for the admissibility of statements under the declarations against interest exception. Answer Selected Answer: b. True Question 13 1 out of 1 points Per the Federal Rules of Evidence, those statements considered to be hearsay are those statements, which are: Answer Selected Answer: d. Only a and b Question 14 1 out of 1 points In American courts, hearsay may be defined as any statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Answer Selected Answer: a. True Question 15 1 out of 1 points With regards to dealing with admission by silence, the courts have established some guidelines for evaluation of such. Which of the following requirements is not usually considered: Answer Selected Answer: d. The presence of physical or emotional impediments Question 16 1 out of 1 points The precursor to the American hearsay rule originated in the 1600's immediately following the trial of Sir William Wallace. Answer Selected Answer: a. False Question 17 1 out of 1 points The precursor to the American hearsay rule originated in the 1600’’s immediately following the trial of: Answer Selected Answer: d. None of the above Question 18 0 out of 1 points Out-of-court statements made by a party to the case [in criminal cases, the defendant(s)] are not considered to be hearsay as they are actually made by the defendant themselves. They fall into all but one of the following categories: Answer Selected Answer: a. Admissions by silence Question 19 1 out of 1 points If you are confronted by statements elements of which are untruthful and choose not to challenge these assertions, your action is admission of guilt by: Answer Selected Answer: c. Admission by silence Question 20 1 out of 1 points Under the Federal Rules of Evidence, a variety of regularly kept records exceptions to the Hearsay Rule exists. Which of the following are categories of permissible statements? Answer Selected Answer: a. All of the above Question 1 0 out of 1 points Considerations of the admissibility of evidence in a trial occur throughout the: Answer Selected Answer: b. Judicial process Question 2 0 out of 1 points What may be filed, during a trial, in the questioning phase of a witness? Answer Selected Answer: b. Motions in limine Question 3 1 out of 1 points Documentary evidence includes all but one of the following: Answer Selected Answer: d. Unprinted e-mails Question 4 0 out of 1 points Attorneys may file motions throughout the trial, but many motions to exclude are heard immediately after opening statements. Answer Selected Answer: b. True Question 5 0 out of 1 points Attorneys may file motions throughout the trial, but many motions to exclude are heard: Answer Selected Answer: b. Immediately after opening statements Question 6 0 out of 1 points Which of the following Court cases allowed that incomplete chains of custody do not necessarily result in the exclusion of such evidence? Answer Selected Answer: b. Old Chief v. United States Question 7 1 out of 1 points Some forms of documentary evidence may also be considered real evidence. Which of the following areas of interest distinct to considerations of documentary evidence? Answer Selected Answer: b. All of the above Question 8 0 out of 1 points During a criminal trial all relevant evidence is admissible. Answer Selected Answer: b. True Question 9 1 out of 1 points The motion to suppress is a legal mandate, which requires the exclusion of evidence collected by law enforcement personnel in a manner, which violates provisions found within the Bill of Rights. Answer Selected Answer: a. False Question 10 0 out of 1 points The chain of custody is always initiated upon the discovery of physical evidence. Answer Selected Answer: b. False Question 11 0 out of 1 points Laying the Foundation is the demonstration of sufficient evidence regarding the authenticity and relevance of the proffered item. Answer Selected Answer: b. False Question 12 1 out of 1 points A demonstration of sufficient evidence regarding the authenticity and relevance of the proffered item is known as: Answer Selected Answer: a. Laying the Foundation Question 13 0 out of 1 points Objections are made after the questioning of witnesses. Answer Selected Answer: a. True Question 14 0 out of 1 points Expert testimony on DNA has not been accepted in most states throughout the country even though the science itself has been validated. Answer Selected Answer: b. True Question 15 1 out of 1 points Gunshot wounds are divided into which of the following categories? Answer Selected Answer: c. All of the above Question 16 0 out of 1 points Fungible evidence includes all but one of the following: Answer Selected Answer: c. Digital Question 17 1 out of 1 points The proponent of the evidence must demonstrate the: Answer Selected Answer: b. All of the above Question 18 0 out of 1 points The study of the trajectory or a path of a bullet is known as: Answer Selected Answer: b. Class characteristics Question 19 0 out of 1 points A motion that is filed prior to opening statements in a trial is known as? Answer Selected Answer: b. Motions at rest Question 20 1 out of 1 points Latent prints, or those that are accidentally deposited on a surface, come in how many varieties? Answer Selected Answer: b. Three Question 1 1 out of 1 points Latent prints, or those that are accidentally deposited on a surface, come in how many varieties? Answer Selected Answer: a. Three Question 2 0 out of 1 points Fungible evidence is that evidence which cannot be manipulated or altered. Answer Selected Answer: b. True Question 3 1 out of 1 points During a criminal trial all relevant evidence is admissible. Answer Selected Answer: b. False Question 4 0 out of 1 points The science of genetic fingerprinting has been used in countless criminal trials since: Answer Selected Answer: b. 1970's Question 5 1 out of 1 points Considerations of the admissibility of evidence in a trial occur throughout the: Answer Selected Answer: b. All of the above Question 6 0 out of 1 points Which of the following are circumstances, which may allow the introduction of evidence collected by officers without the benefit of a warrant? Answer Selected Answer: b. Incident to arrest Question 7 1 out of 1 points Gunshot wounds are divided into which of the following categories? Answer Selected Answer: c. All of the above Question 8 1 out of 1 points Laying the Foundation is the demonstration of sufficient evidence regarding the authenticity and relevance of the proffered item. Answer Selected Answer: b. True Question 9 0 out of 1 points Attorneys may file motions throughout the trial, but many motions to exclude are heard: Answer Selected Answer: b. During witness testimony Question 10 1 out of 1 points Common tools used in the analysis of indentations, altered or charred documents include all but one of the following: Answer Selected Answer: a. AFIS Question 11 0 out of 1 points Police actions may result in situations in which pertinent information is excluded from consideration. Answer Selected Answer: b. False Question 12 1 out of 1 points Expert testimony on DNA has not been accepted in most states throughout the country even though the science itself has been validated. Answer Selected Answer: b. False Question 13 0 out of 1 points Expert testimony is not required in all cases in which the evidence proffered is not incontrovertible. Answer Selected Answer: b. True Question 14 0 out of 1 points A motion that is filed prior to opening statements in a trial is known as? Answer Selected Answer: a. Pre-trial motion Question 15 1 out of 1 points The proponent of the evidence must demonstrate the: Answer Selected Answer: c. All of the above Question 16 0 out of 1 points Which of the following Court cases allowed that incomplete chains of custody do not necessarily result in the exclusion of such evidence? Answer Selected Answer: b. Frye v. United States Question 17 1 out of 1 points What may be filed, during a trial, in the questioning phase of a witness? Answer Selected Answer: b. Objection Question 18 1 out of 1 points The admissibility of potentially prejudicial evidence in a trial is determined by the: Answer Selected Answer: b. None of the above Question 19 1 out of 1 points The motion to suppress is a legal mandate, which requires the exclusion of evidence collected by law enforcement personnel in a manner, which violates provisions found within the Bill of Rights. Answer Selected Answer: a. False Question 20 1 out of 1 points Forensic computer science is a new and emerging field. Answer Selected Answer: b. False Question 1 0 out of 1 points There are how many general categories of searches which do not require the presence of a warrant? Answer Selected Answer: c. Three Question 2 0 out of 1 points Within both the law enforcement culture and the general community there exists the perception that computer crime and technological perpetrators are extremely dangerous. Answer Selected Answer: b. True Question 3 1 out of 1 points Cyber-criminality is especially attractive to those who will commit which of the following crimes? Answer Selected Answer: c. All of the above Question 4 0 out of 1 points Computer forensic software packages enable investigators to do all but: Answer Selected Answer: d. Identify viruses Question 5 1 out of 1 points Many stereotypes and caricatures regarding computer criminals depict a socially and physically challenged individual finding solace behind the anonymity of cyberspace. Answer Selected Answer: b. True Question 6 0 out of 1 points Additional expenses or reduction of expenses to law enforcement for forensic software and associated hardware include which of the following: Answer Selected Answer: a. Extensive training of computer investigator Question 7 1 out of 1 points The primary advantage to computer-generated maps is the relative ease for alteration and the potential for the customization of evidence. Answer Selected Answer: b. True Question 8 0 out of 1 points Both private and public entities are reluctant to disclose their victimization because: Answer Selected Answer: b. Fear of losing control to law enforcement agents (i.e. loss of secrecy) Question 9 1 out of 1 points Which of the following legislation has not increased the scope and authority afforded to law enforcement? Answer Selected Answer: a. Federal Computer Systems Protection Act Question 10 0 out of 1 points The use of courtroom staples like chalkboards and easels has become all but obsolete as courtrooms are increasingly equipped with: Answer Selected Answer: c. Computer monitors Question 11 1 out of 1 points Problems associated with prosecution of computer crimes include all but one of the following: Answer Selected Answer: b. Jurisprudential consistency Question 12 0 out of 1 points A graphic representation of a static object, like a knife or gun is a: Answer Selected Answer: c. Simulation Question 13 0 out of 1 points The Computer Fraud and Abuse Act was passed in what year? Answer Selected Answer: c. 1988 Question 14 0 out of 1 points Photographs and recordings may only be admitted in cases in which the particular item in question satisfies the parameters articulated in the "Best Evidence Rule." Answer Selected Answer: b. False Question 15 1 out of 1 points The legal element of vicinage has traditionally required the specification of a physical, not virtual, crime scene. Answer Selected Answer: b. True Question 16 1 out of 1 points Demonstrative evidence may not be viewed as a substitute for real evidence in matters in which illustration or visual presentation is necessary for clarification. Answer Selected Answer: b. False Question 17 1 out of 1 points Prior to passage of the Federal Computer Systems Protection Act federal statues within what Title of the United States Code was used by law enforcement. Answer Selected Answer: c. 18 U.S.C. Question 18 0 out of 1 points The most common judicial challenges confronting the prosecution of computer crime involve the: Answer Selected Answer: b. 1st and 3rd Amendments Question 19 0 out of 1 points Computer-generated evidence has been admitted into criminal courts as Answer Selected Answer: c. Substantive evidence Question 20 1 out of 1 points Which of the following for "sneak and peek" warrants? Answer Selected Answer: b. Patriot Act Question 1 0 out of 1 points The emergence of the Internet and the increasingly globalization of commerce and politics has not dramatically affected all areas of life in the United States. Answer Selected Answer: b. True Question 2 1 out of 1 points The use of courtroom staples like chalkboards and easels has become all but obsolete as courtrooms are increasingly equipped with: Answer Selected Answer: b. All of the above Question 3 0 out of 1 points Perceptions of computer crime include the misconception that the vast majority of online deviance is: Answer Selected Answer: b. None of the above Question 4 1 out of 1 points Within both the law enforcement culture and the general community there exists the perception that computer crime and technological perpetrators are extremely dangerous. Answer Selected Answer: b. False Question 5 1 out of 1 points Photographs and recordings may only be admitted in cases in which the particular item in question satisfies the parameters articulated in the "Best Evidence Rule." Answer Selected Answer: a. True Question 6 0 out of 1 points There are how many general categories of searches which do not require the presence of a warrant? Answer Selected Answer: a. Four Question 7 1 out of 1 points The Computer Fraud and Abuse Act was passed in 1977. Answer Selected Answer: b. False Question 8 1 out of 1 points The most common judicial challenges confronting the prosecution of computer crime involve the: Answer Selected Answer: a. 1st and 4th Amendments Question 9 1 out of 1 points Computer forensic software packages enable investigators to do all but: Answer Selected Answer: b. Identify cryptic passwords Question 10 0 out of 1 points A graphic representation of a static object, like a knife or gun is a: Answer Selected Answer: c. Computer enhancement Question 11 1 out of 1 points Problems associated with prosecution of computer crimes include all but one of the following: Answer Selected Answer: b. Jurisprudential consistency Question 12 0 out of 1 points Under federal law, a ““minor”” is any individual under the age of sixteen. Answer Selected Answer: b. True Question 13 0 out of 1 points Computer-generated evidence has been admitted into criminal courts as Answer Selected Answer: c. None of the above Question 14 1 out of 1 points Which of the following for "sneak and peek" warrants? Answer Selected Answer: c. Patriot Act Question 15 1 out of 1 points The legal element of vicinage has traditionally required the specification of a physical, not virtual, crime scene. Answer Selected Answer: b. True Question 16 1 out of 1 points Many stereotypes and caricatures regarding computer criminals depict a socially and physically challenged individual finding solace behind the anonymity of cyberspace. Answer Selected Answer: b. True Question 17 1 out of 1 points Networked computers are not immune from consent searches, as even system administrators may not have access to all files. Answer Selected Answer: b. False Question 18 1 out of 1 points One type of demonstrative evidence, which has been heavily influenced by the introduction of technology, involves crime scene sketches. Answer Selected Answer: b. False Question 19 1 out of 1 points Trial judges must determine whether a photograph or recording satisfies the legal requirements of: Answer Selected Answer: b. All of the above Question 20 1 out of 1 points Prosecuting attorneys have displayed great reluctance in pursuing computer-related criminals because of which of the following reasons? Answer Selected Answer: b. All of the above Question 1 0 out of 1 points There are how many primary methods of witness impeachment? Answer Selected Answer: b. Three Question 2 1 out of 1 points A witness may not be impeached by a demonstration of bias. Answer Selected Answer: b. False Question 3 0 out of 1 points Impeachment may be either non-specific or specific. Answer Selected Answer: b. False Question 4 0 out of 1 points With some exceptions, the Federal Rules of Evidence only provide for the introduction of non-pardoned (or otherwise forgiven) felony convictions of adults within how many years? Answer Selected Answer: c. Three Question 5 1 out of 1 points The necessity for voir dire derives primarily from the presumption that children may fail to appreciate the consequences of their testimony and the importance of complete and total disclosure and veracity. Answer Selected Answer: a. True Question 6 1 out of 1 points Individuals whose knowledge of a criminal act is based on secondary sources of information may be subpoenaed. Answer Selected Answer: a. False Question 7 0 out of 1 points Prior to which century did jurors statutorily act as both the triers and the witness of fact? Answer Selected Answer: c. Nineteenth Question 8 1 out of 1 points Unless stipulated to or judicially noted, jurors are not obligated in any situation to accept facts which are contrary to physical facts, laws of nature, common knowledge, or personal experience. Answer Selected Answer: b. True Question 9 1 out of 1 points The French term voir dire literally means: Answer Selected Answer: a. Speak the Truth Question 10 1 out of 1 points Defendants choosing to take the stand cannot be criminally prosecuted for offering untruthful (i.e. perjured) testimony in their defense. Answer Selected Answer: b. False Question 11 0 out of 1 points The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. They include all but one of the following, Answer Selected Answer: b. Legal ramifications for dishonesty Question 12 1 out of 1 points In Contemporary American court systems, only criminal courts could not operate without them, as a witness must introduce all evidence. Answer Selected Answer: b. False Question 13 0 out of 1 points In which Court case did the Court examine whether the Confrontation Clause of the 6th Amendment includes an absolute right to confront one’’s accuser face to face? Answer Selected Answer: a. McGautha v. California Question 14 1 out of 1 points Methods used to attack the competency of the witness through assertions of dishonest or untruthful behavior include which of the following? Answer Selected Answer: a. All of the above Question 15 1 out of 1 points The most important, requirement for witnesses is that of competency. Answer Selected Answer: a. True Question 16 1 out of 1 points The determination of competency hinges on how many primary considerations? Such characteristics are common in such evaluations. Answer Selected Answer: a. Three Question 17 1 out of 1 points Professional challenges to the methodology or techniques employed may include: Answer Selected Answer: a. All of the above Question 18 1 out of 1 points Witnesses in America are required to have what kind of knowledge of a matter at issue and have the capacity to communicate this knowledge to the court? Answer Selected Answer: b. None of the above Question 19 0 out of 1 points Evidence referring to supplementary supporting evidence, which tends to strengthen or confirm extant evidence is known as: Answer Selected Answer: a. Technical evidence Question 20 1 out of 1 points In most cases, police officers also testify as lay witnesses. Answer Selected Answer: a. True Question 21 1 out of 1 points Expert witnesses are often utilized in high profile cases. Answer Selected Answer: b. True Question 22 1 out of 1 points The testimony of expert witnesses may not invade which of the following issues that the judge or jury is required to decide? Answer Selected Answer: c. All of the Above Question 23 1 out of 1 points Witnesses in American courts are required to have first hand knowledge of a matter at issue and have the capacity to communicate such knowledge to the court. Answer Selected Answer: b. True Question 24 0 out of 1 points The demonstration of the veracity of a particular witness is often attempted immediately after: Answer Selected Answer: a. Direct examination Question 25 1 out of 1 points There are how many types of witnesses in a criminal court? Answer Selected Answer: d. Two Question 26 1 out of 1 points Expert witnesses are those individuals privy to an event relevant to the issue at hand. Answer Selected Answer: b. False Question 27 0 out of 1 points Either side may impeach a witness, as provided for in which Federal Rule of Evidence? Answer Selected Answer: d. None of the above Question 28 1 out of 1 points There are a variety of avenues for attacking the credibility of a particular expert. These include both personal and/or professional characteristics as well as methodological and/or technical challenges. Questions as to professional credibility include all but one of the following: Answer Selected Answer: d. Personal wealth Question 29 1 out of 1 points Not all evidence must be competent, relevant, and material to the issue at hand. Answer Selected Answer: a. False Question 30 0 out of 1 points Objections during a trial may be made for which of the following reasons? Answer Selected Answer: a. Answer Question 31 1 out of 1 points The identity and the background of all expert witnesses need not be shared with opposing counsel. Answer Selected Answer: a. False Question 32 1 out of 1 points Cross examination is conducted by opposing counsel at the conclusion of direct examination and is usually limited to leading questions. Answer Selected Answer: b. False Question 33 1 out of 1 points While judges will rule on the admissibility and scope of a particular witness’’ testimony, it is up to the jury to assign weight and importance of it. Answer Selected Answer: b. True Question 34 1 out of 1 points Dying declarations have to be spontaneous. Answer Selected Answer: b. False Question 35 1 out of 1 points There are how many broad categories of hearsay? Answer Selected Answer: b. Two Question 36 1 out of 1 points Under the Federal Rules of Evidence, a variety of regularly kept records exceptions to the Hearsay Rule exists. Which of the following are categories of permissible statements? Answer Selected Answer: a. All of the above Question 37 1 out of 1 points All means of cross-examination of a declarant taking the stand, which would be available for impeachment of witnesses, may be explored. Answer Selected Answer: b. True Question 38 1 out of 1 points The precursor to the American hearsay rule originated in the 1600’’s immediately following the trial of: Answer Selected Answer: b. None of the above Question 39 1 out of 1 points There are only two broad categories of hearsay. Answer Selected Answer: b. True Question 40 1 out of 1 points There are two broad categories of Hearsay Exceptions. Those in which the witness is unavailable; and those in which the presence of the declarant is immaterial. Answer Selected Answer: b. True Question 41 1 out of 1 points Who may solicit a dying declaration? Answer Selected Answer: c. All of the above Question 42 0 out of 1 points Co-conspirator statements are admissible because they have what kind of reliability? Answer Selected Answer: d. None of the above Question 43 1 out of 1 points If a witness testifies that when she asked where brother was, her friend pointed to the trunk of his car where the body of her murdered brother was. This is known as what type of statement? Answer Selected Answer: b. Nonverbal assertion Question 44 1 out of 1 points Statements made by co-conspirators during the course and in furtherance of the criminal conspiracy are often referred to as the Anti-Conspirator Rule. Answer Selected Answer: b. False Question 45 1 out of 1 points The precursor to the American hearsay rule originated in the 1600's immediately following the trial of Sir William Wallace. Answer Selected Answer: a. False Question 46 1 out of 1 points The dying declaration exception is grounded in the theory that some statements are inherently trustworthy. Answer Selected Answer: a. True Question 47 0 out of 1 points Under Federal Rule of Evidence 803(3), statements offered to demonstrate the declarant’’s state of mind, emotion, sensation, or physical condition may be introduced. Answer Selected Answer: a. False Question 48 1 out of 1 points The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but one of the following? Answer Selected Answer: d. New Testimony Question 49 0 out of 1 points Which of the following is an exception to the Hearsay Rule, which is grounded in the theory that some statements are inherently trustworthy? Answer Selected Answer: b. None of the above Question 50 1 out of 1 points Originally, which court defined hearsay as any statement to which neither the Crown or the defendant is privy? Answer Selected Answer: a. English