Module 2

Question 1

1. Discrediting a witness by showing that he/she is not telling the truth or does not have the knowledge to testify as he/she did is known as _______.

Answer 1

• hearsay from a witness
• corpus delicti of a witness
• impeachment of a witness (Correct Answer / Your Answer)
• none of the above

Question 2

2. Subject to a variety of exceptions, hearsay evidence is not admissible in court because __________.

Answer 2

• the person who supposedly knew the facts is not in court to state his/her exact words (Correct Answer)
• the trier of fact can judge the demeanor but not the credibility of the alleged first-hand witness
• the opposing party can cross-examine the individual
• all of the above (Your Answer)

Question 3

3. Statements made relating to a startling event or condition, made while the declarant was under the stress of excitement (also known as an excited utterance) or when a statement is made spontaneously.

Answer 3

• Res gestae statements (Correct Answer / Your Answer)
• Dying declarations
• Past recollections recorded
• None of the above

Question 4

4. Evidentiary privilege between a lawyer and client to prevent an attorney from disclosing their communications in criminal proceedings does not apply in which of the following situations?

Answer 4

• Business communication (non-legal business)
• Sporting events
• When the client is seeking advice on how to commit a crime (Your Answer)
• All of the above (Correct Answer)

Question 5

5. Generally, when presenting physical evidence in criminal proceedings, officers will merely have to testify that they had procedures in place to safeguard evidence from contamination.

Answer 5

• True (Correct Answer / Your Answer)

* False

Question 6

6. For evidence to be admitted in court, it must meet a three-part test. One of the tests includes relevancy, which means the evidence is important and significant in proving a fact in controversy in a case.

Answer 6

• True

* False (Correct Answer / Your Answer)

Question 7

1. The “best evidence” doctrine states that direct evidence is preferred over indirect evidence during criminal proceedings to give weight to the claim of innocence or guilt.

Answer 7

• True

* False (Correct Answer / Your Answer)

Question 8

2. __________ are examples of when hearsay evidence is admissible in criminal proceedings.

Answer 8

• Living declarations
• Public records (Correct Answer)
• Heat of passion statements
• None of the above (Your Answer)

Question 9

3. __________ are examples of when hearsay evidence is admissible in criminal proceedings.

Answer 9

• Dying declarations (Your Answer)
• Public records
• Business records
• All of the above (Correct Answer)

Question 10

5. During criminal proceedings, the state must be able to demonstrate a piece of evidence was collected, analyzed, stored, and presented in court without contamination, if the defendant alleges tampering of evidence.

Answer 10

• True (Correct Answer / Your Answer)

* False

Question 11

6. For evidence to be admitted in court, it must meet a three-part test including which of the following?

Answer 11

• Recency, fungible, and materiality
• Relevancy, materiality, and foundation (Correct Answer)
• Relevancy, fungible, and materiality (Your Answer)
• None of the above

Question 12

1. __________ are the two types of opinion evidence.

Answer 12

• Physical and cognitive
• Lay and expert (Correct Answer / Your Answer)
• Novice and specialist
• none of the above

Question 13

5. A chain of custody typically contains which of the following?

Answer 13

• the description of the evidence
• dates/times the evidence was retrieved and returned
• the name of the person(s) handling the evidence
• all of the above (Correct Answer / Your Answer)

Question 14

6. For evidence to be admitted in court, it must meet a three-part test. One of the tests includes materiality, which means the evidence is important and significant in proving a fact in controversy in a case.

Answer 14

• True (Correct Answer / Your Answer)

* False

Question 15

2. Subject to a variety of exceptions, hearsay evidence is not admissible in court because __________.

Answer 15

• the person who supposedly knew the facts is not in court to state his/her exact words
• the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness
• the opposing party cannot cross-examine the individual
• all of the above (Correct Answer / Your Answer)

Question 16

4. Evidentiary privilege between a lawyer and client to prevent an attorney from disclosing their communications in criminal proceedings does not apply in which of the following situations?

Answer 16

• It applies in all situations
• When the client is seeking legal advice on how to represent him/herself
• Communications held in private meetings
• None of the above (Correct Answer / Your Answer)

Question 17

3. __________ are examples of when hearsay evidence is admissible in criminal proceedings.

Answer 17

• Present recollection refreshed statements
• Public records
• Res gestae statements (Your Answer)
• All of the above (Correct Answer)

Question 18

4. The “husband and wife” privilege to prevent a spouse from testifying against the other spouse covers communication and acts between them during marriage.

Answer 18

• True

* False (Correct Answer / Your Answer)