Monday 29 February 2016

Administrative Justice 003-ADJ003- Criminal Evidence-All Tests-1

Question 1 of 6     Score: 1   (of possible 1 point)
The Correct{prosecution} has the burden of proving the defendant’s guilt beyond a reasonable doubt.  
 Answer Key: prosecution
Question 2 of 6     Score: 1   (of possible 1 point)
In a criminal trial, the defense has the burden of Correct{persuasion} that the prosecution’s evidence is not sufficient to convict the defendant.
 Answer Key: persuasion
Question 3 of 6     Score: 2   (of possible 2 points)
In a jury trial, the Correct{judge} acts as the trier of the law and the Correct{jury} acts as the trier of the facts.          
 Answer Key: judge, jury
Question 4 of 6     (worth 1 point)
A prosecutor is ethically required to refuse to file a case if he/she does not believe the charges are supported by {evidences admissible in courts} {and those which convince's a jury to convict}.
Question 5 of 6     Score: 1   (of possible 1 point)
The defendant’s right to assistance of counsel is guaranteed by the Correct{sixth} Amendment.
 Answer Key: Sixth
Question 6 of 6     Score: 1   (of possible 1 point)
The attorney-client privilege prevents a defense attorney from notifying the court if the attorney knows that the client has committed perjury while testifying in the case.

 True
Correct
 False 
 Answer Key: False
Question 1 of 20     Score: 5   (of possible 5 points)
Evidence is defined as:

A.
information the police discover during the investigation of a crime.
Correct
B.
something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact.

C.
facts the jury relies upon when reaching a verdict.

D.
direct evidence that the defendant committed the charged offenses.
 Answer Key: B
Question 2 of 20     (worth 5 points)
The “burden of proof” required for a conviction in a criminal case in the United States is:
A.
probable cause.
B.
preponderance of the evidence.
C.
clear and convincing.
D.
beyond a reasonable doubt.
Question 3 of 20     (worth 5 points)
In a jury trial, who is the “trier of the law”?
A.
prosecution
B.
defense
C.
judge

D.
police
Question 4 of 20     (worth 5 points)
In a jury trial, the “trier of the facts”:
A.
evaluates the evidence.
B.
decides whether a witness is qualified to testify.
C.
determines which laws should be applied to the evidence.
D.
all of these
Question 5 of 20     (worth 5 points)
Who decides if evidence is admissible at trial?
A.
judge presiding over the trial
B.
an expert witness
C.
prosecution
D.
defense
Question 6 of 20     (worth 5 points)
Which of the following does the prosecutor do in the role of gatekeeper of the criminal courts?
A.
file charges
B.
decide where the charges will be filed
C.
decide which witnesses testify at trial
D.
all of these
Question 7 of 20     Score: 5   (of possible 5 points)
The prosecutor in the federal courts is the:

A.
District Attorney.

B.
Solicitor General.
Correct
C.
U. S. Attorney.

D.
Victim of the crime.
 Answer Key: C
Question 8 of 20     Score: 5   (of possible 5 points)
The prosecutor in the federal courts is the:

A.
District Attorney.

B.
Solicitor General.
Correct
C.
U. S. Attorney.

D.
Victim of the crime.
 Answer Key: C
Question 9 of 20     (worth 5 points)
The Federal Rules of Evidence were enacted by:
A.
Congress.
B.
the U. S. Supreme Court.
C.
the American Association of Law Schools.
D.
the Presiding Justices of the U. S. Court of Appeals.
Question 10 of 20     (worth 5 points)
Evidence laws in each state:
A.
must conform to the Federal Rules of Evidence.
B.
must be established at time statehood is granted.
C.
may be enacted by the state legislature.

D.
are established by the state’s highest court.
Question 11 of 20     Score: 0   (of possible 5 points)
The statute of limitations applies to the time elapsed between:
Correct
A.
commission of crime and filing criminal charges.

B.
commission of crime and beginning of trial.

C.
filing charges and beginning of trial.
Incorrect
D.
conviction and final decision by appellate courts.
Question 12 of 20     Score: 5   (of possible 5 points)
The largest portion of the workload of the trial courts is related to:

A.
processing warrants.
Correct
B.
pre-trial events.

C.
trials.

D.
sentencing.
 Answer Key: B
Question 13 of 20     (worth 5 points)
Proof beyond a reasonable doubt is required by Due Process in:
A.
criminal trials.
B.
civil trials.
C.
both criminal and civil trials.
D.
neither criminal nor civil trials.
Question 14 of 20     Score: 5   (of possible 5 points)
Which of the following is a valid reason for a judge to set aside a verdict?

A.
judge made erroneous rulings on admission of prosecution evidence at trial

B.
material evidence introduced by prosecution at trial was false

C.
newly discovered evidence casts serious doubt on defendant’s guilt
Correct
D.
all of these
 Answer Key: D
Question 15 of 20     Score: 5   (of possible 5 points)
A federal judge can be impeached if convicted of a felony.
Correct True 

 False 
 Answer Key: True
Question 16 of 20     Score: 5   (of possible 5 points)
Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.
Correct True 

 False 
 Answer Key: True
Question 17 of 20     Score: 5   (of possible 5 points)
The plaintiff in a civil case establishes the case by a preponderance of the evidence he/she will win the case.
Correct True 

 False 
 Answer Key: True
Question 18 of 20     Score: 5   (of possible 5 points)
A prosecutor is ethically required to refuse to file a case if he/she does not believe the charges are supported by probable cause.
Correct True 

 False 
 Answer Key: True
Question 19 of 20     Score: 5   (of possible 5 points)
A prosecutor is ethically required to give the defense all evidence that he/she has that
tends to show that the accused may be not guilty.
Correct True 

 False 
 Answer Key: True
Question 20 of 20     Score: 5   (of possible 5 points)
The term evidence refers to all physical objects admitted at trial, but not testimony.          

 True
Correct
 False 
 Answer Key: False
Question 1 of 5     Score: 0   (of possible 2 points)
The criminal Incorrect{Evidence} is filed by the prosecution to start the criminal court proceedings.
 Answer Key: complaint
Question 2 of 5     Score: 2   (of possible 2 points)
During Correct{discovery}, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty.
 Answer Key: discovery
Question 3 of 5     Score: 1.5   (of possible 2 points)
During Incorrect{vior} Correct{dire}, prospective jurors are questioned to determine their ability to serve on the jury.  
 Answer Key: voir, dire
Question 4 of 5     Score: 2   (of possible 2 points)
If a jury is unable to “reach a verdict,” it is referred to as a “Correct{hung} Correct{jury}.”
 Answer Key: hung, jury
Question 5 of 5     Score: 2   (of possible 2 points)
Correct{Relevant} evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.
 Answer Key: Relevant
Question 1 of 25     Score: 4   (of possible 4 points)
The complaint must state:

A.
crimes the defendant is alleged to have committed.

B.
where the alleged crime was committed.

C.
when the alleged crime was committed.

Correct
D.
All of these.
 Answer Key: D
Question 2 of 25     Score: 0   (of possible 4 points)
The term “real evidence” refers to:
Incorrect
A.
physical objects.

B.
documents.

C.
photographs.


D.
all of these
 Answer Key: D
Question 3 of 25     Score: 0   (of possible 4 points)
Which of the following requests would be considered at a suppression hearing?
Incorrect
A.
Dismiss charge because prosecution presented insufficient evidence to meet its burden of proof at the preliminary hearing

B.
Quash a subpoena to testify at trial

C.
Have evidence declared inadmissible because of a Fourth Amendment violation

D.
All of these are considered at suppression hearings
 Answer Key: C
Question 4 of 25     Score: 4   (of possible 4 points)
Peremptory challenges are used during jury selection for:

A.
removing a potential juror who has admitted his/her mind is already made up.

B.
dismiss a potential juror who cannot serve on the jury due to financial hardship.
Correct
C.
remove a potential juror who the attorney subjectively believe is likely to vote for the opposing side.

D.
peremptory challenges are not used in criminal cases because the Supreme Court ruled that they are unconstitutional.
 Answer Key: C
Question 5 of 25     Score: 4   (of possible 4 points)
During the prosecution’s case in chief:

A.
the prosecutor conducts direct examination of all witnesses.

B.
the defense has the right to cross examine all prosecution witnesses.

C.
prosecution must establish guilt for each crime beyond a reasonable doubt.
Correct
D.
all of these
 Answer Key: D
Question 6 of 25     Score: 4   (of possible 4 points)
Who can be impeached at trial?
Correct
A.
anyone who takes the witness stand

B.
any witness except the defendant

C.
only witnesses who commit perjury


D.
impeachment is not done during trial.
 Answer Key: A
Question 7 of 25     Score: 4   (of possible 4 points)
An attorney will use re-direct examination to:

A.
ask questions that he/she forgot to ask during direct examination.

B.
impeach a witness.

C.
conduct voir dire of an expert witness.
Correct
D.
rehabilitate a witness.
 Answer Key: D
Question 8 of 25     Score: 0   (of possible 4 points)
A verdict becomes part of the official court record when:

A.
jurors vote on the charge.

B.
the judge receives the verdict form signed by the jury foreperson.

C.
the verdict is read in open court.
Incorrect
D.
the defendant is sentenced.
 Answer Key: C
Question 9 of 25     Score: 0   (of possible 4 points)
When a piece of evidence is referred to as “material,” “material” means:

A.
it is relevant and more than remotely connected to the fact.
Incorrect
B.
it is relevant to an important fact in the case.

C.
the prosecution cannot win a conviction without this piece of evidence.

D.
relevant and material are synonymous – any fact that is relevant is also material.
 Answer Key: A
Question 10 of 25     Score: 0   (of possible 4 points)
An example of corroborative evidence would be:
Incorrect
A.
testimony of two witnesses whose description of the scene to almost identical.

B.
a fact that is established by the use of a rebuttable presumption.

C.
a fact that is established when the judge took judicial notice.

D.
real (physical) evidence that supports the testimony of a witness.
 Answer Key: D
Question 11 of 25     Score: 4   (of possible 4 points)
The difference between direct and circumstantial evidence is:

A.
direct evidence requires the use of an inference but circumstantial evidence does not.
Correct
B.
circumstantial evidence requires the use of an inference but direct evidence does not.

C.
direct evidence requires judicial discretion but circumstantial evidence is not.

D.
circumstantial evidence requires the use of a presumption but direct evidence does not.
 Answer Key: B
Question 12 of 25     Score: 4   (of possible 4 points)
Which of the following would be direct evidence in a murder case?

A.
DNA test that establishes that the defendant’s blood was found at the crime scene

B.
testimony of an expert witness that there is a 1 in 3 million chance that the DNA found at the scene could have come from someone other than the defendant

C.
testimony of police officer describing the confession the defendant made
Correct
D.
testimony of eyewitness describing the defendant shooting the victim
 Answer Key: D
Question 13 of 25     Score: 4   (of possible 4 points)
An inference is:

A.
a conclusion that the judge tells the jurors that they must draw.

B.
a fact that is assumed to have happened if the basic fact was established.

C.
a conclusion that is drawn about the person who is testifying.
Correct
D.
a logical conclusion drawn from the facts introduced into evidence.
 Answer Key: D
Question 14 of 25     Score: 4   (of possible 4 points)
Testimonial evidence refers to:

A.
statements made while testifying under oath.

B.
affidavits.

C.
depositions.
Correct
D.
all of these
 Answer Key: D
Question 15 of 25     Score: 4   (of possible 4 points)
In order to qualify as testimonial evidence, the statement must be:
Correct
A.
made under oath.

B.
contain no hearsay.

C.
be a first-hand observation.

D.
all of these are required
 Answer Key: A
Question 16 of 25     Score: 4   (of possible 4 points)
In order to have a stipulation:
Correct
A.
attorneys for both sides must agree on the stipulated fact.

B.
more than one witness must testify that the stipulated fact exists.

C.
the physical item stipulated to must be produced at trial.

D.
the stipulation must be in writing and signed by the judge.
 Answer Key: A
Question 17 of 25     Score: 4   (of possible 4 points)
A judge can take judicial notice:

A.
of any fact introduced at trial.

B.
only if an attorney requests that the judge take judicial notice of a fact.
Correct
C.
of any relevant fact that is “commonly known” in the scientific community.

D.
judges can take judicial notice in civil cases but not criminal cases
 Answer Key: C
Question 18 of 25     Score: 4   (of possible 4 points)
When deciding whether circumstantial evidence should be admitted at trial, the judge considers:

A.
whether the evidence is relevant.

B.
whether introducing the evidence will take up too much time.

C.
whether the evidence will unduly prejudice the jurors.
Correct
D.
all of these are considered.
 Answer Key: D
Question 19 of 25     Score: 0   (of possible 4 points)
In a jury trial, who determines if a witness is telling the truth?
Incorrect
A.
judge

B.
jury

C.
prosecutor

D.
defense attorney
 Answer Key: B
 Review
 Check to review before finishing (will be flagged in Table of Contents)
Question 20 of 25     Score: 0   (of possible 4 points)
In which of the following situations would the prosecution be allowed to introduce evidence about the defendant’s motive?

A.
any case that goes to trial without a jury

B.
for felonies but not misdemeanors

C.
in specific intent crimes
Incorrect
D.
evidence of motive is admissible in all of these situations
 Answer Key: C
Question 21 of 25     Score: 4   (of possible 4 points)
The fact that the defendant received $100,000 from a life insurance policy due to the death of the murder victim is:
Correct
A.
admissible to show motive for the defendant to kill the victim.

B.
admissible only if there is physical evidence connecting the defendant to the murder.

C.
admissible only if the prosecution can show that the defendant paid for the life insurance policy.

D.
inadmissible because it would be unduly prejudicial.
 Answer Key: A
Question 22 of 25     Score: 0   (of possible 4 points)
At trial, character is introduced by:

A.
a psychologist who specializes in behavioral disorders.
Incorrect
B.
someone who is familiar with what people in the community say about the person in question.

C.
the person in question testimonies about his/her own lifestyle.


D.
character can be introduced by any of the above witnesses.
 Answer Key: C
Question 23 of 25     Score: 4   (of possible 4 points)
Evidence about the defendant’s character is admissible at trial:
Correct
A.
if defense places character at issue.

B.
if defendant denies the charges.

C.
at the discretion of the prosecutor.

D.
at the discretion of the judge .
 Answer Key: A
Question 24 of 25     Score: 0   (of possible 4 points)
Evidence the victim has previously filed false police reports can be used to infer:

A.
bad character.

B.
motive to lie while testifying.

C.
the current report was false.
Incorrect
D.
all of these
 Answer Key: C
Question 25 of 25     Score: 4   (of possible 4 points)
The criminal complaint is filed by the prosecution to start the criminal court proceedings.
Correct True 

 False 
 Answer Key: True
Question 1 of 4     Score: 0   (of possible 4 points)
The criminal Incorrect{file} is filed by the prosecution to start the criminal court proceedings.
 Answer Key: complaint
Question 2 of 4     Score: 4   (of possible 4 points)
Rehabilitation is an attempt to support the credibility of a witness who was Correct{Impeached}.
 Answer Key: impeached
Question 3 of 4     Score: 0   (of possible 4 points)
If the attorneys Incorrect__________ to a fact, no evidence will be introduced at trial about that fact.
 Answer Key: stipulate
Question 4 of 4     Score: 0   (of possible 4 points)
The fact that the defendant had the means to commit the crime is admissible as Incorrect__________ evidence of guilt.
 Answer Key: circumstantial
Question 1 of 4     Score: 1   (of possible 1 point)
Correct{lay} witness is only allowed to testify about events he/she personally observed with the five senses.
 Answer Key: lay
Question 2 of 4     Score: 0   (of possible 1 point)
An attorney must lay the proper Incorrect{evidence} prior to introducing any type of real evidence.
 Answer Key: foundation
Question 3 of 4     Score: 0   (of possible 1 point)
The “Incorrect{benifit} of Incorrect” must be established before the prosecution can admit crime scene evidence at trial.
 Answer Key: chain, custody
Question 4 of 4     Score: 0   (of possible 1 point)
To use Incorrect{finger} prints at trial, the prosecutor needs to call the person who recovered the prints and the person who identified them.
 Answer Key: latent
Question 1 of 25     Score: 4   (of possible 4 points)
Which of the following is NOT a requirement to be allowed to testify at trial?

A.
understand the duty to tell the truth

B.
be able to narrate the events in question
Correct
C.
be at least 7 years old

D.
All of these are requirements for a witness to testify at trial
 Answer Key: C
Question 2 of 25     Score: 0   (of possible 4 points)
Which of the following would be grounds to prevent a person from testifying at a criminal trial?

A.
prior perjury conviction

B.
person lied to police during investigation of case
Incorrect
C.
extreme bias toward one side

D.
none of these
 Answer Key: D
Question 3 of 25     Score: 4   (of possible 4 points)
Impeachment of a witness is conducted by the:

A.
attorney who called the witness.
Correct
B.
attorney who is cross examining the witness.

C.
judge.

D.
jury.
 Answer Key: B
Question 4 of 25     Score: 4   (of possible 4 points)
Bias or prejudice can be shown by:

A.
friendship.

B.
racism.

C.
having a financial interest in the outcome of the case.
Correct
D.
all of these can be used to show bias or prejudice
 Answer Key: D
Question 5 of 25     Score: 4   (of possible 4 points)
In which of the following situations is a lay witness allowed to give an opinion?

A.
identification of someone’s handwriting

B.
voice identification

C.
general statement about speed of a car
Correct
D.
all of these
 Answer Key: D
Question 6 of 25     Score: 4   (of possible 4 points)
When an attorney is laying the foundation for an expert witness, the attorney must establish that:
Correct
A.
the jury needs the help of an expert in order to understand facts of the case.

B.
the expert has previously testified at trial.

C.
the expert has at least 5 years of experience in the field.

D.
all of these must be established
 Answer Key: A
Question 7 of 25     Score: 4   (of possible 4 points)
In order to be allowed to testify as an expert witness, the person must:
Correct
A.
have knowledge of the subject based on education and/or experience.

B.
have a graduate degree in the subject.

C.
have worked in the field for at least 5 years.

D.
all of these are required
 Answer Key: A
Question 8 of 25     Score: 4   (of possible 4 points)
Impeachment is an attempt to discredit a witness.
Correct True 

 False 
 Answer Key: True
Question 9 of 25     Score: 4   (of possible 4 points)
Prior felony convictions can be used to impeach a witness.
Correct True 

 False 
 Answer Key: True
Question 10 of 25     Score: 4   (of possible 4 points)
A lay witness is only allowed to testify about events he/she personally observed with the five senses.
Correct True 

 False 
 Answer Key: True
Question 11 of 25     Score: 0   (of possible 4 points)
Any experienced gun collector can testify as a ballistics expert.
Incorrect True 

 False 
 Answer Key: False
Question 12 of 25     Score: 4   (of possible 4 points)
Real evidence includes:

A.
physical items

B.
documents

C.
digital pictures
Correct
D.
all of these are types of real evidence
 Answer Key: D
Question 13 of 25     Score: 4   (of possible 4 points)
At trial, the first step in laying the foundation for the introduction of a gun is to have someone:
Correct
A.
identify the gun being introduced at trial and testify where it was found.

B.
identify the gun being introduced at trial as the gun found in the possession of the defendant.

C.
identify the gun being introduced at trial as the one the defendant used while committed the crime he/she is now charged with committing.

D.
identify the gun and explain the results of tests they conducted on it.
 Answer Key: A
Question 14 of 25     Score: 0   (of possible 4 points)
Access to the crime scene should be restricted to as few people as possible because:

A.
it prevents the media from erroneously reporting the facts.

B.
it eliminates the chances of someone planting evidence.

C.
it prevents people from removing evidence.
Incorrect
D.
All of these are important reasons for limiting access to crime scene.
 Answer Key: C
Question 15 of 25     Score: 4   (of possible 4 points)
Crime scene sketches should:

A.
be drawn to scale.

B.
indicate all doors, windows, streets, etc. in the area.

C.
show distance between all relevant objects in the drawing.
Correct
D.
All of these should be in the sketch.
 Answer Key: D
Question 16 of 25     Score: 4   (of possible 4 points)
At trial, the results of the test can be successfully challenged:

A.
if a new employee did it for the first time.

B.
if the supervisor did not sign the report.
Correct
C.
if the test equipment was defective.

D.
all of these
 Answer Key: C
Question 17 of 25     Score: 0   (of possible 4 points)
The advantage of fingerprints compared to DNA testing is:
Incorrect
A.
processing fingerprints can be done faster than DNA samples.

B.
processing fingerprints is less expensive than DNA samples.

C.
there is a much larger database available for comparison of fingerprints than for DNA.

D.
All of these are true
 Answer Key: D
Question 18 of 25     Score: 4   (of possible 4 points)
When a gun is referred to as a rifled firearm, it means:

A.
it has a long barrel like a rifle.

B.
it shoots ammunition specifically made for rifles.
Correct
C.
its barrel has lands and groves.


D.
all of these must be present for a weapon to be considered rifled
 Answer Key: C
Question 19 of 25     Score: 4   (of possible 4 points)
Which type of firearm does not leave striations on projectiles?
Correct
A.
Shotguns

B.
Rifles

C.
Machine guns

D.
None of the above leave striations
 Answer Key: A
Question 20 of 25     Score: 4   (of possible 4 points)
An attorney must lay the proper foundation prior to introducing any type of real evidence.
Correct True 

 False 
 Answer Key: True
Question 21 of 25     Score: 4   (of possible 4 points)
The “chain of custody” must be established before the prosecution can admit crime scene evidence at trial.
Correct True 

 False 
 Answer Key: True
Question 22 of 25     Score: 4   (of possible 4 points)
To use latent prints at trial, the prosecutor needs to call the person who recovered the prints and the person who identified them.
Correct True 

 False 
 Answer Key: True
Question 23 of 25     Score: 4   (of possible 4 points)
To be admissible, an experiment must be conducted under the same conditions as those that existed at the time of the crime (or event in question).
Correct True 

 False 
 Answer Key: True
Question 24 of 25     Score: 4   (of possible 4 points)
All items of real evidence are marked and reviewed by the judge prior to the start of the trial.

 True
Correct
 False 
 Answer Key: False
Question 25 of 25     Score: 0   (of possible 4 points)
All items of real evidence are marked and reviewed by the judge prior to the start of the trial.
Incorrect True 

 False 
 Answer Key: False
Question 1 of 5     Score: 2   (of possible 2 points)
The definition of “Correct{Document}” used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.

 Answer Key: document

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