Question 2 of 5 Score: 2 (of possible 2 points)
All types of documentary evidence must be 
{authenticated} prior to being admitted into evidence.
{authenticated} prior to being admitted into evidence.
Answer Key: authenticated
The {Declarant} is the person who originally made the statement.
{Declarant} is the person who originally made the statement.
Answer Key: declarant
Prior {inconsistent} statements are admissible to impeach the person who made them.
{inconsistent} statements are admissible to impeach the person who made them.
Answer Key: inconsistent
To qualify for the {dying} Declaration Exception to the Hearsay Rule, the dying person’s statement must relate to cause of impending death.
{dying} Declaration Exception to the Hearsay Rule, the dying person’s statement must relate to cause of impending death.
Answer Key: Dying
Question 1 of 11 Score: 10 (of possible 10 points)
In legal documents, the term “writing” refers to:
A.
|
documents that are handwritten.
| |
B.
|
material that is produced on a printer.
| |
C.
|
electronic recordings.
| |
 |
D.
|
all of these
|
Answer Key: D
Which of the following is an accepted way of authenticating a document at trial?
 |
A.
|
testimony of forensic document examiner
|
B.
|
testimony of a person who observed the document being signed
| |
C.
|
testimony of a clerk who typed the document
| |
D.
|
all of these
|
Answer Key: D
A notarized document is self-authenticating if:
|
A.
|
it is signed by a senior notary.
|
B.
|
the notary attaches a statement that states what the document is intended for.
| |
C.
|
the person who made the document signs a statement that states what the document is intended for.
| |
D.
|
notarized documents are not self-authenticating.
|
Answer Key: B
Which of the following would be considered public records?
A.
|
birth certificate filed with the county by the doctor who delivered the baby
| |
B.
|
death certificate filed by the County Coroner
| |
C.
|
report of child abuse filed by a “mandatory reporter”
| |
|
D.
|
all of these are considered public records
|
Answer Key: D
A forensic documents examiner can tell someone altered a document and determine what the document originally said:
A.
|
if a razor blade was used to remove what a part of the document originally said.
| |
B.
|
if sandpaper was used to remove what a part of the document originally said.
| |
C.
|
if chemicals were used to obliterate portions of the original document.
| |
|
D.
|
no matter what technique was used.
|
Answer Key: C
A forensic examination of a computer can:
A.
|
recover latent prints from the keyboard.
| |
B.
|
determine the identity of the person who used the computer.
| |
|
C.
|
recover files that have been erased.
|
D.
|
All of these can be done during a forensic examination of a computer.
|
Answer Key: C
“Statement” as used in the Hearsay Rule means:
A.
|
oral statements.
| |
B.
|
written assertions.
| |
C.
|
nonverbal conduct.
| |
|
D.
|
All of these are considered “statements”
|
Answer Key: D
Statements police obtain from the crime victim are admissible at a criminal trial:
A.
|
Only if they qualify as excited utterances.
| |
B.
|
Officer may testify about nontestimonial hearsay statements made by victim.
| |
C.
|
Officer may testify about testimonial hearsay statements made by victim.
| |
|
D.
|
Victim’s statements admissible only if the victim testifies
|
Answer Key: B
To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person’s statement:
A.
|
must be spontaneous
| |
B.
|
must relate to current mental state
| |
|
C.
|
must relate to cause of impending death
|
D.
|
all of these must be present for the Dying Declaration Exception to the Hearsay Rule
|
Answer Key: C
Prior consistent statements are admissible:
A.
|
To impeach a witness
| |
|
B.
|
To rehabilitate a witness
|
C.
|
To corroborate testimony
| |
D.
|
Prior consistent statements are admissible for all of these purposes
|
Answer Key: A
The {Business} {Records} Exception to the Hearsay Rule was created in recognition of the fact that businesses have a motive for maintaining trustworthy records.
{Business} {Records} Exception to the Hearsay Rule was created in recognition of the fact that businesses have a motive for maintaining trustworthy records.
Answer Key: Business, Records
Question 1 of 13 Score: 8.33 (of possible 8.33 points)
Statements made during the initial conference with an attorney are:
A.
|
not covered by the attorney-client privilege
| |
B.
|
covered by the attorney-client privilege only if the client retains the attorney to represent him/her
| |
C.
|
covered by the attorney-client privilege only if the conference was with the Public Defender
| |
|
D.
|
covered by the attorney-client privilege
|
Answer Key: D
The physician-patient privilege belongs to:
A.
|
physician
| |
|
B.
|
patient
|
C.
|
whoever pays the bill
| |
D.
|
all of these hold the physician-patient privilege
|
Answer Key: B
The Fourth Amendment prohibits:
A.
|
all searches without a warrant.
| |
B.
|
all searches of a home without a warrant.
| |
C.
|
all searches and seizures without a warrant.
| |
|
D.
|
unreasonable searches and seizures.
|
Answer Key: D
Information supporting issuing a search warrant must be:
A.
|
obtained by eye witnesses.
| |
|
B.
|
made under oath or affirmation.
|
C.
|
Notarized.
| |
D.
|
all of these are required in order to obtain a search warrant
|
Answer Key: B
The Exclusionary Rule currently applies:
A.
|
only in federal court
| |
B.
|
only to federal law enforcement agents
| |
|
C.
|
to both local and federal law enforcement agents
|
D.
|
Exclusionary Rule is no longer used
|
Answer Key: C
What is the purpose of the “return” on a warrant?
A.
|
make sure that all documents are returned to the court file
| |
B.
|
document requests for warrants that were rejected
| |
C.
|
document how many attempts were made before successfully executing the warrant
| |
|
D.
|
provide a record of when the warrant was served and what evidence was seized
|
Answer Key: D
A police officer has the right to use deadly force:
|
A.
|
if there is imminent danger of death or serious bodily harm
|
B.
|
whenever reasonably necessary to apprehend a fleeing felon
| |
C.
|
whenever in the officer’s personal opinion deadly force is necessary
| |
D.
|
all of these would justify the use of deadly force
|
Answer Key: A
A police officer may detain someone for questioning when there are insufficient facts to justify an arrest and the person does not want to cooperate:
A.
|
never
| |
B.
|
whenever the officer has a reason to believe that the person may be involved in criminal activity
| |
|
C.
|
whenever there are specific articulable facts that would make a reasonable officer believe criminal activity is afoot
|
D.
|
the officer may make random stops in order to prevent crime
|
Answer Key: C
When making a stop based on reasonable suspicion, the police officer has the right to conduct a search:
A.
|
automatically
| |
B.
|
whenever the officer believes it is necessary
| |
|
C.
|
whenever the officer has reasonable suspicion the person is armed
|
D.
|
only if there is probable cause that the person is armed
|
Answer Key: C
Probable cause to arrest requires facts that:
A.
|
make an officer conclude criminal activity is occurring
| |
B.
|
make a reasonable officer conclude that a crime has occurred
| |
|
C.
|
make a reasonable person conclude that a crime has occurred
|
D.
|
establish a moral certainty that a crime has occurred
|
Answer Key: C
The Fifth Amendment privilege against self-incrimination applies to:
A.
|
any evidence that can be used in court during the prosecution of a crime.
| |
|
B.
|
all forms of testimonial evidence.
|
C.
|
only to oral statements made in response to questioning by law enforcement officers.
| |
D.
|
only to statements made while testifying in court.
|
Answer Key: B
When advising a suspect of the Miranda rights:
A.
|
officers must quote the warnings as stated by the Supreme Court in Miranda v. Arizona .
| |
B.
|
officers must give the suspect a Miranda waiver form to sign and must refrain from commenting on it.
| |
|
C.
|
officers must make sure that the suspect understands the Miranda warnings even if this means explaining them in simple language.
|
D.
|
officers do not need to read the Miranda warnings if the suspect already knows them.
|
Answer Key: C
The waiver of the Miranda rights must be “knowing, intelligent, and {voluntary}.”
{voluntary}.”
Answer Key: voluntary
Question 1 of 50 Score: 2 (of possible 2 points)
If the attorneys {stipulate} to a fact, no evidence will be introduced at trial about that fact.
{stipulate} to a fact, no evidence will be introduced at trial about that fact.
Answer Key: stipulate
Rehabilitation is an attempt to support the credibility of a witness who was {impeached}.
{impeached}.
Answer Key: impeached
The criminal {complaint} is filed by the prosecution to start the criminal court proceedings.
{complaint} is filed by the prosecution to start the criminal court proceedings.
Answer Key: complaint
The fact that the defendant had the means to commit the crime is admissible as {circumstantial} evidence of guilt.
{circumstantial} evidence of guilt.
Answer Key: circumstantial
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}.
{evidences admissible in courts} {and those which convince's a jury to convict}.
Answer Key: probable, cause
In a criminal trial, the defense has the burden of {persuasion} that the prosecution’s evidence is not sufficient to convict the defendant.
{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.
{judge} acts as the trier of the law and the {jury} acts as the trier of the facts.
Answer Key: judge, jury
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
The defendant’s right to assistance of counsel is guaranteed by the {sixth} Amendment.
{sixth} Amendment.
Answer Key: Sixth
The {prosecution} has the burden of proving the defendant’s guilt beyond a reasonable doubt.
{prosecution} has the burden of proving the defendant’s guilt beyond a reasonable doubt.
Answer Key: prosecution
During {voir} {dire}, prospective jurors are questioned to determine their ability to serve on the jury.
{voir} {dire}, prospective jurors are questioned to determine their ability to serve on the jury.
Answer Key: voir, dire
During {discovery}, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty.
{discovery}, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty.
Answer Key: discovery
If a jury is unable to “reach a verdict,” it is referred to as a “{hung} {jury}.”
{hung} {jury}.”
Answer Key: hung, jury
The criminal {complaint} is filed by the prosecution to start the criminal court proceedings.
{complaint} is filed by the prosecution to start the criminal court proceedings.
Answer Key: complaint
{Relevant} evidence includes any evidence that tends to prove (or disprove) a disputed fact in the case.
Answer Key: Relevant
A {lay} witness is only allowed to testify about events he/she personally observed with the five senses.
{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 {foundation} prior to introducing any type of real evidence.
{foundation} prior to introducing any type of real evidence.
Answer Key: foundation
The “{chain} of {custody}” must be established before the prosecution can admit crime scene evidence at trial.
{chain} of {custody}” must be established before the prosecution can admit crime scene evidence at trial.
Answer Key: chain, custody
Prior {inconsistent} statements are admissible to impeach the person who made them.
{inconsistent} statements are admissible to impeach the person who made them.
Answer Key: inconsistent
The definition of “{document}” used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.
{document}” used in evidence includes materials containing words and symbols as well as those that contain visual or audio information.
Answer Key: document
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
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
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
|
Answer Key: A
In a jury trial, who is the “trier of the law”?
A.
|
prosecution
| |
B.
|
defense
| |
|
C.
|
judge
|
D.
|
police
|
Answer Key: C
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.
|
Answer Key: A
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 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.
|
Answer Key: A
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.
|
Answer Key: D
Who decides if evidence is admissible at trial?
|
A.
|
judge presiding over the trial
|
B.
|
an expert witness
| |
C.
|
prosecution
| |
D.
|
defense
|
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
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
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
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
Testimonial evidence refers to:
A.
|
statements made while testifying under oath.
| |
B.
|
affidavits.
| |
C.
|
depositions.
| |
|
D.
|
all of these
|
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
The term “real evidence” refers to:
A.
|
physical objects.
| |
B.
|
documents.
| |
C.
|
photographs.
| |
|
D.
|
all of these
|
Answer Key: D
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
Impeachment is an attempt to discredit a witness.
True
False
Answer Key: True
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
Real evidence includes:
A.
|
physical items
| |
B.
|
documents
| |
C.
|
digital pictures
| |
|
D.
|
all of these are types of real evidence
|
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
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
A forensic documents examiner can tell someone altered a document and determine what the document originally said:
A.
|
if a razor blade was used to remove what a part of the document originally said.
| |
B.
|
if sandpaper was used to remove what a part of the document originally said.
| |
|
C.
|
if chemicals were used to obliterate portions of the original document.
|
D.
|
no matter what technique was used.
|
Answer Key: C
A notarized document is self-authenticating if:
A.
|
it is signed by a senior notary.
| |
|
B.
|
the notary attaches a statement that states what the document is intended for.
|
C.
|
the person who made the document signs a statement that states what the document is intended for.
| |
D.
|
notarized documents are not self-authenticating.
|
Answer Key: B
In legal documents, the term “writing” refers to:
A.
|
documents that are handwritten.
| |
B.
|
material that is produced on a printer.
| |
C.
|
electronic recordings.
| |
|
D.
|
all of these
|
Answer Key: D
The {Business} {Records} Exception to the Hearsay Rule was created in recognition of the fact that businesses have a motive for maintaining trustworthy records.
{Business} {Records} Exception to the Hearsay Rule was created in recognition of the fact that businesses have a motive for maintaining trustworthy records.
Answer Key: Business, Records
To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person’s statement:
A.
|
must be spontaneous
| |
B.
|
must relate to current mental state
| |
|
C.
|
must relate to cause of impending death
|
D.
|
all of these must be present for the Dying Declaration Exception to the Hearsay Rule
|
Answer Key: C
“Statement” as used in the Hearsay Rule means:
A.
|
oral statements.
| |
B.
|
written assertions.
| |
C.
|
nonverbal conduct.
| |
|
D.
|
All of these are considered “statements”
|
Answer Key: D
Question 1 of 14 Score: 0 (of possible 2 points)
{court} law is the collection of appellate court opinions.
Answer Key: Case
{court records} is the collective mass of things, especially testimony and exhibits, presented before the tribunal in a given dispute.
Answer Key: Evidence
In civil cases, punitive {evidences} are awarded if there is intentional or malicious bad conduct.
{evidences} are awarded if there is intentional or malicious bad conduct.
Answer Key: damages
At the {trial} the defendant is informed of the charges, a plea is entered, bail is set (if it is a bailable offense), the defendant is given the opportunity to obtain an attorney, and the next court date is set.
{trial} the defendant is informed of the charges, a plea is entered, bail is set (if it is a bailable offense), the defendant is given the opportunity to obtain an attorney, and the next court date is set.
Answer Key: arraignment
The pretrial process whereby one side is able to find out what evidence the other side has is called {defence}.
{defence}.
Answer Key: discovery
{testifying} evidence is based on personal knowledge or observation of the person testifying.
Answer Key: Direct
Modus operandi literally means the{mode} of operation.
{mode} of operation.
Answer Key: method
At trial, {impeachment} is the process of attacking the credibility of a witness.
{impeachment} is the process of attacking the credibility of a witness.
Answer Key: impeachment
The {chain} of {custody} (also called chain of possession or continuity of possession) must account for everyone who has had possession of an item of real evidence from the time it came into police hands until it is introduced into court.
{chain} of {custody} (also called chain of possession or continuity of possession) must account for everyone who has had possession of an item of real evidence from the time it came into police hands until it is introduced into court.
Answer Key: chain, custody
Authentication is the process of showing that a writing {evidence} is what it is claimed to be.
{evidence} is what it is claimed to be.
Answer Key: document
{testimony} is: (1) a statement, (2) other than one made by the declarant while testifying at the trial or hearing, (3) offered in evidence to prove the truth of the matter asserted.
Answer Key: Hearsay
{direct} {evidence} is when a reasonable belief that a person has committed or is committing a crime or that a place contains specific items connected with a crime.
Answer Key: probable, cause
An officer may detain STOP someone briefly for questioning based on __________ __________.
__________ __________.
Answer Key: reasonable, suspicion
__________ evidence, as the term is used when discussing the Miranda warnings, means oral and written statements that a suspect makes in response to questions.
Answer Key: Testimonial
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