Evidence- missed questions Flashcards
A D is being prosecuted in fed court for illegally transporting persons across state lines for immoral purposes. The prosecutor alleges that her route was form NYC to Tampa. The court takes judicial notice of the fact that it is impossible to get from NYC to Tampa without crossing a state line.
What is the effect of the court’s action?
A. The fact judicially noticed is conclusively established.
B. The burden of persuasion is shifted to the D.
C. The burden of proof is shifted to the D.
D. The prosecutor’s burden of producing evidence on the point is satisfied.
D. The prosecutor’s burden of producing evidence on this point is satisfied.
D, a used car seller, is on trial for criminal fraud, charged with selling used cars with major mechanical problems while representing to buyers that the cars were mechanically sound. The D claims that she had no knowledge the cars were not fit for sale. At trial, the prosecution offers evidence to show that, eight months prior, the D was fired from a diff used car lot for knowingly selling defective automobiles with major mechanical problems.
What is the best basis for admitting this evidence?
A. As ev tending to show the D’s criminal character.
B. As ev of the D’s criminal intent.
C. To impeach the D’s credibility.
D. As ev that the D is not a competent used car seller.
B. As ev of the D’s criminal intent.
A D charged with crime battery testified on his own behalf at trial and asserted that he acted in self defense.
Which of the following offered for impeaching the D’s credibility is most likely to be barred, if objected to by the D?
A. A public record showing that the D had been convicted of the felon of aggravated battery two years ago.
B. A pubic record showing that the D has been convicted of the misdemeanor of filing a false police report eight years ago.
C. Testimony from a competent witness that the D regularly cheats at cards.
D. Testimony from a competent witness that, in the opinion of the witness, the D is a habitual liar.
C. Testimony from a competent witness that the D regularly cheats at cards.
A D is on trial for a murder that occurred during a robbery at the victim’s home. A witness helped the police artist compose an accurate depiction of the D. The witness was unavailable at the time of the trial and the prosecutor offers the sketch into evidence.
Is the sketch admissible?
A. No, under the best evidence rule.
B. No, as hearsay not within any exception.
C. Yes, as a record by a public employee.
D. Yes, as prior identification.
B. No, as hearsay not within any exception.
