Themis Essay 4523

Question 1

To be admissible, evidence must be

Answer 1

relevant.

Question 2

All relevant evidence is admissible unless

Answer 2

excluded by a specific rule, law, or constitutional provision.

Question 3

Evidence is relevant if it is both

Answer 3

probative and material.

Question 4

Relevant evidence may be excluded under Rule 403 if its

Answer 4

probative value is substantially outweighed by the danger of unfair prejudice.

Question 5

Character evidence, which is generalized information about a person’s behavior, including evidence that the defendant is a criminal, is

Answer 5

generally inadmissible.

Question 6

The prosecution is not permitted to introduce evidence of a defendant’s bad character to prove that the defendant has

Answer 6

a propensity to commit crimes and therefore is likely to have committed the crime in question.

Question 7

A defendant’s bad acts are admissible to prove

Answer 7

motive, intent, absence of mistake, identity, or common plan (often referred to as “MIMIC” evidence).

Question 8

In Virginia, in a criminal case, a spouse may be compelled to testify on behalf of the other spouse, but

Answer 8

neither spouse may be compelled to testify against the other except for the prosecution of certain offenses, such as a crime committed by one spouse against another.

Question 9

A spouse who is called by the prosecution to testify holds the privilege of

Answer 9

spousal immunity, and may testify if they choose.

Question 10

Virginia recognized privileged ____________ _____________________.

Answer 10

marital communications.

Question 11

Confidential communication made between spouses

Answer 11

while married is privileged.

Question 12

A person may refuse to disclose, and may prevent anyone else from disclosing,

Answer 12

any confidential communication between himself and his spouse during their marriage.