Question 1 of
6 Score: 1 (of possible 1 point)
The {prosecution} has the burden of
proving the defendant’s guilt beyond a reasonable doubt.
Answer Key: prosecution
In a criminal trial, the defense has the burden of {persuasion} that the prosecution’s evidence is not
sufficient to convict the defendant.
Answer Key: persuasion
In a jury trial,
the {judge} acts as the trier of the law and the {jury} acts as the trier of the
facts.
Answer Key: judge, jury
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}.
The defendant’s right
to assistance of counsel is guaranteed by the {sixth} Amendment.
Answer Key: Sixth
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
False
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.
|
|
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
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.
|
In a jury trial, who is the “trier of the law”?
|
A.
|
prosecution
|
|
B.
|
defense
|
|
C.
|
judge
|
|
D.
|
police
|
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
|
Who decides if
evidence is admissible at trial?
|
A.
|
judge presiding over the trial
|
|
B.
|
an expert witness
|
|
C.
|
prosecution
|
|
D.
|
defense
|
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
|
The prosecutor in the federal courts is the:
|
A.
|
District
Attorney.
|
|
B.
|
Solicitor
General.
|
|
C.
|
U. S.
Attorney.
|
|
D.
|
Victim
of the crime.
|
Answer Key: C
The prosecutor in the federal courts is the:
|
A.
|
District
Attorney.
|
|
B.
|
Solicitor
General.
|
|
C.
|
U. S.
Attorney.
|
|
D.
|
Victim of
the crime.
|
Answer Key: C
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.
|
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.
|
The statute of limitations applies to
the time elapsed between:
|
A.
|
commission of crime and filing
criminal charges.
|
|
B.
|
commission of crime and
beginning of trial.
|
|
C.
|
filing charges and beginning of
trial.
|
|
D.
|
conviction and final decision
by appellate courts.
|
The largest portion of the workload of the trial courts is related to:
|
A.
|
processing warrants.
|
|
B.
|
pre-trial events.
|
|
C.
|
trials.
|
|
D.
|
sentencing.
|
Answer Key: B
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.
|
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
|
|
D.
|
all of these
|
Answer Key: D
A federal judge can
be impeached if convicted of a felony.
True
False
Answer Key: True
Geographical jurisdiction
of a court in a criminal case is based on the location where the crime was
committed.
True
False
Answer Key: True
The plaintiff in a
civil case establishes the case by a preponderance of the evidence he/she will
win the case.
True
False
Answer Key: True
A prosecutor is
ethically required to refuse to file a case if he/she does not believe the
charges are supported by probable cause.
True
False
Answer Key: True
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.
True
False
Answer Key: True
The term evidence refers to all physical objects
admitted at trial, but not
testimony.
True
False
False
Answer Key: False
Question 1 of
5 Score: 0 (of possible 2 points)
The criminal {Evidence} is filed by the prosecution
to start the criminal court proceedings.
Answer Key: complaint
During {discovery}, the prosecution has a duty to
disclose evidence in its possession that tends to indicate the defendant is not
guilty.
Answer Key: discovery
During {vior} {dire},
prospective jurors are questioned to determine their ability to serve on the
jury.
Answer Key: voir, dire
If a jury is unable
to “reach a verdict,” it is referred to as a “{hung} {jury}.”
Answer Key: hung, jury
{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.
|
|
D.
|
All of
these.
|
Answer Key: D
The term “real evidence” refers to:
|
A.
|
physical
objects.
|
|
B.
|
documents.
|
|
C.
|
photographs.
|
|
D.
|
all of
these
|
Answer Key: D
Which of the following requests would be considered at a suppression
hearing?
|
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
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.
|
|
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
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.
|
|
D.
|
all of
these
|
Answer Key: D
Who can be impeached at trial?
|
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
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.
|
|
D.
|
rehabilitate
a witness.
|
Answer Key: D
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.
|
|
D.
|
the
defendant is sentenced.
|
Answer Key: C
When a piece of evidence is referred to as “material,” “material” means:
|
A.
|
it is
relevant and more than remotely connected to the fact.
|
|
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
An example of corroborative evidence would be:
|
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
The difference between direct and circumstantial evidence is:
|
A.
|
direct
evidence requires the use of an inference but circumstantial evidence does
not.
|
|
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
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
|
|
D.
|
testimony
of eyewitness describing the defendant shooting the victim
|
Answer Key: D
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.
|
|
D.
|
a
logical conclusion drawn from the facts introduced into evidence.
|
Answer Key: D
Testimonial evidence refers to:
|
A.
|
statements
made while testifying under oath.
|
|
B.
|
affidavits.
|
|
C.
|
depositions.
|
|
D.
|
all of
these
|
Answer Key: D
In order to qualify as testimonial evidence, the statement must be:
|
A.
|
made
under oath.
|
|
B.
|
contain
no hearsay.
|
|
C.
|
be a
first-hand observation.
|
|
D.
|
all of
these are required
|
Answer Key: A
In order to have a stipulation:
|
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
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.
|
|
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
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.
|
|
D.
|
all of
these are considered.
|
Answer Key: D
In a jury trial, who determines if a witness is telling the truth?
|
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)
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
|
|
D.
|
evidence
of motive is admissible in all of these situations
|
Answer Key: C
The fact that the defendant received $100,000 from a life insurance
policy due to the death of the murder victim is:
|
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
At trial, character is introduced by:
|
A.
|
a
psychologist who specializes in behavioral disorders.
|
|
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
Evidence about the defendant’s character is admissible at trial:
|
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
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.
|
|
D.
|
all of
these
|
Answer Key: C
The criminal
complaint is filed by the prosecution to start the criminal court proceedings.
True
False
Answer Key: True
Question 1 of
4 Score: 0 (of possible 4 points)
The criminal {file} is filed by the prosecution to
start the criminal court proceedings.
Answer Key: complaint
Rehabilitation is an attempt to support the credibility of a witness who
was {Impeached}.
Answer Key: impeached
If the attorneys __________ to a
fact, no evidence will be introduced at trial about that fact.
Answer Key: stipulate
The fact that the defendant had the means to commit the crime is
admissible as __________ evidence
of guilt.
Answer Key: circumstantial
Question 1 of
4 Score: 1 (of possible 1 point)
A {lay} witness is only allowed to
testify about events he/she personally observed with the five senses.
Answer Key: lay
An attorney must lay the proper {evidence} prior to introducing any
type of real evidence.
Answer Key: foundation
The “{benifit} of ” must be
established before the prosecution can admit crime scene evidence at trial.
Answer Key: chain, custody
To use {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
|
|
C.
|
be at
least 7 years old
|
|
D.
|
All of
these are requirements for a witness to testify at trial
|
Answer Key: C
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
|
|
C.
|
extreme
bias toward one side
|
|
D.
|
none of
these
|
Answer Key: D
Impeachment of a witness is conducted by the:
|
A.
|
attorney who called the witness.
|
|
B.
|
attorney who is cross examining the witness.
|
|
C.
|
judge.
|
|
D.
|
jury.
|
Answer Key: B
Bias or prejudice can be shown by:
|
A.
|
friendship.
|
|
B.
|
racism.
|
|
C.
|
having
a financial interest in the outcome of the case.
|
|
D.
|
all of
these can be used to show bias or prejudice
|
Answer Key: D
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
|
|
D.
|
all of
these
|
Answer Key: D
When an attorney is laying the foundation for an
expert witness, the attorney must establish that:
|
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
In order to be allowed to testify as an expert
witness, the person must:
|
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
Impeachment is an attempt to discredit a witness.
True
False
Answer Key: True
Prior felony convictions can be used to impeach a witness.
True
False
Answer Key: True
A lay witness is only allowed to testify about events he/she personally
observed with the five senses.
True
False
Answer Key: True
Any experienced gun collector can
testify as a ballistics expert.
True
False
Answer Key: False
Real evidence
includes:
|
A.
|
physical items
|
|
B.
|
documents
|
|
C.
|
digital pictures
|
|
D.
|
all of these are types of real evidence
|
Answer Key: D
At trial, the first
step in laying the foundation for the introduction of a gun is to have someone:
|
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
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.
|
|
D.
|
All of these are important reasons for limiting
access to crime scene.
|
Answer Key: C
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.
|
|
D.
|
All of
these should be in the sketch.
|
Answer Key: D
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.
|
|
C.
|
if the test equipment was defective.
|
|
D.
|
all of
these
|
Answer Key: C
The advantage of fingerprints
compared to DNA testing is:
|
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
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.
|
|
C.
|
its barrel has lands and groves.
|
|
D.
|
all of
these must be present for a weapon to be considered rifled
|
Answer Key: C
Which type of firearm
does not leave striations on projectiles?
|
A.
|
Shotguns
|
|
B.
|
Rifles
|
|
C.
|
Machine guns
|
|
D.
|
None of the above leave striations
|
Answer Key: A
An attorney must lay the proper foundation prior to
introducing any type of real evidence.
True
False
Answer Key: True
The “chain of custody” must be established before the
prosecution can admit crime scene evidence at trial.
True
False
Answer Key: True
To use latent prints at trial, the prosecutor needs
to call the person who recovered the prints and the person who identified them.
True
False
Answer Key: True
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).
True
False
Answer Key: True
All items of real evidence are marked and reviewed by the judge prior to
the start of the trial.
True
False
False
Answer Key: False
All items of real evidence are marked and reviewed by the judge prior to
the start of the trial.
True
False
Answer Key: False
Question 1 of
5 Score: 2 (of possible 2 points)
The definition of “{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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