Evidence Flashcards
Prima facie evidence is best defined as evidence which
A: is based on the personal observation of a witness.
B: suffices to establish a fact in issue until rebutted by contrary evidence.
C: is presumed from the existence of other known facts and its connection therewith.
D: is inferred as circumstantial evidence by a jury
B: suffices to establish a fact in issue until rebutted by contrary evidence.
Evidence is direct and positive when
A: given by a witness under oath
B: the facts in dispute are communicated by those who have the actual knowledge of them by the use of their senses.
C: it tends to prove one or more facts in issue.
D: the facts in issue may properly be inferred from other facts shown.
B: There are two types of testimonial evidence - direct and circumstantial. Choice “B” is a good definition of direct evidence.
Evidence which does not tend directly to prove the controverted facts but to establish collateral facts from which the facts in issue will follow as a logical inference is called
A: circumstantial evidence.
B: hearsay evidence.
C: corroborative evidence.
D: opinion evidence.
A: This is a good working definition of circumstantial evidence
Evidence furnished by the things themselves exhibited to the court for inspection is known as
A: positive evidence.
B: prima facie evidence.
C: real evidence.
D: partial evidence.
C: Real evidence is one of the three kinds of evidence.
Such evidence as relates to or bears directly upon the point in issue, tending to prove it, is known as
A: real evidence.
B: competent evidence.
C: presumptive evidence.
D: relevant evidence.
D: relevant evidence.
The term “autoptic proference” is sometimes used to refer to
A: oral evidence.
B: circumstantial evidence.
C: state’s evidence.
D: real evidence.
D: real evidence.
Real evidence is also commonly known as
A: demonstrative evidence.
B: second-hand evidence.
C: substantive evidence.
D: positive evidence.
A: demonstrative evidence.
The one of the following statements which constitutes hearsay evidence is,
A: “I was told not to take the chance.”
B: “He told me that I would be sorry if I reported the crime.”
C: “The boy’s mother told me that her son committed the crime.”
D: “The defendant reported the crime to me.”
C: A classic example of inadmissible hearsay.
In a prosecution for disorderly conduct, a police officer testifies that he heard the defendant say, “American soldiers are blustering cowards.” This testimony of the police officer is not hearsay evidence because
A: it relates to an offense and not to a crime.
B: the person who made the statement has an opportunity to deny it.
C: the hearsay rule does not apply to peace officers under oath.
D: the truth or falsity of the statement is not in issue
D: In this case the “fact in issue” is not whether soldiers are cowards but whether the defendant said it.
Hearsay evidence is generally not admissible in a criminal trial because
A: it proves nothing.
B: it is generally false.
C: it is not subject to the test of cross-examination.
D: it usually is irrelevant.
C: The true witness is not giving the testimony
The burden of proof required to convict in a criminal trial is
A: a fair preponderance of evidence.
B: beyond a reasonable doubt.
C: the testimony of the greatest number of credible witnesses.
D: the quantum of convincing evidence.
B: Criminal conviction is a serious matter. Guilt must be proven beyond a reasonable doubt.
A confession made by an accused is not deemed circumstantial evidence because
A: a confession proves the fact in issue directly.
B: a confession will not stand alone, without additional proof of the crime charged.
C: it is documentary.
D: it is demonstrative.
A: Be careful, the question deals with CIRCUMSTANTIAL as opposed to DIRECT testimony
The prosecution may not introduce evidence of a criminal defendant’s bad character unless
A: the crime is an infamous one.
B: the defendant was previously convicted of other crimes.
C: the defendant is permitted to introduce evidence of his good character.
D: the court rules otherwise.
C: the defendant is permitted to introduce evidence of his good character.
At the trial of Tondelayo for murder, Tondelayo is asked on cross-examination whether she has ever been previously convicted of any crime. This mode of questioning is
A: improper if the particular crime charged differs from her previous convictions.
B: allowed as a means of testing her credibility.
C: improper unless Tondelayo has already testified as to her good character.
D: permitted to show her general criminal disposition (she took the stand).
B: When a defendant elects to “take the stand,” he or she swears to tell the truth. Credibility becomes a factor to consider. Admission of previous convictions on record is a test of truthfulness.
“Judicial Notice” is best defined as
A: the recognition which a judge will officially take of a fact of common knowledge without proof thereof.
B: a rule of law that courts and judges shall draw a particular inference from particular facts or evidence, unless and until the truth of the evidence is disproved.
C: a mandate issued by the court during the course of a trial requiring one of the parties to produce certain evidence in his possession.
D: the knowledge of a fact in issue which is imputed to one of the parties to the litigation.
A: A “Judicial Notice” precludes the need to introduce evidence to prove a fact.
