Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

VOLUME I CH 7-12 > VOLUME I CH 7 > Flashcards

VOLUME I CH 7 Flashcards

1
Q

Does direct evidence carries more weight than circumstantial evidence?

A

No, they carry the same weight! Don’t fight this! I realize it seems strange, but it’s true!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Is it really all that important for a paralegal/investigator to know whether direct or circumstantial evidence carry more weight?

A

Yes, because there is a tendency dismiss circumstantial evidence. We’ve all heard the expression, “It’s just circumstantial.” Well, that phrase is propaganda! Any competent attorney knows that circumstantial evidence is perfectly good evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

But can someone be convicted on circumstantial evidence alone?

A

Absolutely! In fact, because crimes aren’t usually committed in front of audiences, most cases are based on circumstantial evidence. Think of it: if you had to have “personal observation” of a crime to get a conviction, most murders would not result in conviction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can circumstantial evidence ever be preferred over direct evidence?

A

Yes. Direct evidence always involves personal observation. That means a witness. Good lawyers know that a witness is often easy to discredit, or at least to present a reasonable doubt about. So in a murder case, a witness who saw the murder may be discredited for a number of reasons: it was dark; the witness had been drinking; the witness hadn’t worn her glasses. And so forth. So the attorney is able to discredit the direct evidence. But the defendant’s fingerprints were on the handle of the gun. This, even though it is circumstantial, is much more difficult to discredit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can a single piece of evidence be considered both direct and circumstantial?

A

Yes. It always depends on the question being asked. The perspective. A witness who saw a defendant enter a house where a murder was committed may provide circumstantial evidence that the defendant committed the murder. But the same testimony would be direct evidence that the defendant was at the house.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

This means that a jury will be allowed to consider evidence.

Credibility
Qualification
None of the above

A

None of the above

Admissibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In the Binion Murder trial, the most famous murder trial in Las Vegas history, the fact that Sandy Murphy was seen passionately kissing co-defendant Rick Tabish was what kind of evidence as to the charge that they had a romantic relationship?

A

Direct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In the OJ Simpson case, the fact that OJ had a cut on his hand was what kind of evidence as to the murders?

A

Circumstantial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The evidence that may be touched is :

physical
tangible
either of the above

A

either of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

In a murder trial, what kind of evidence would a video tape of the actual murder be as to the murder itself?

A

direct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

This kind of evidence requires an inference

A

Circumstantial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Which of the following is an element of competency to a witness?

Understands the obligation to tell the truth
Has the ability to tell the truth
both of the elements above

A

Understands the obligation to tell the truth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

This kind of evidence does not require an inference

A

direct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In the Menendez murder case, the fact that Eric, one of the defendants, admitted to his psychiatrist that he murdered his parents is what kind of evidence as to the murders?

circumstantial
direct
all of the above

A

circumstantial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

This tends to prove or disprove a fact in question

Juries
Evidence
None of the above

A

Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

_____________ evidence is also called testimonial evidence

A

oral

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

___________ evidence is evidence that the jury will be allowed to consider

A

Admissible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

In order to testify, a witness must be : ____________

A

Competent

19
Q

___________- evidence can be touched.

A

Physical , Tangible or Demonstrative

20
Q

True or False?

Admissible evidence is believable evidence?

A

False

21
Q

____________ evidence is usually from personal observation.

A

Direct

22
Q

Direct or Circumstantial?/

In the OJ Simpson case, much was made of a bloody glove found behind OJ Simpson’s house. Let’s change history for a moment and assume that the glove fit, and it was proven to belong to Simpson .

Is the fact that the glove belonged to OJ direct or circumstantial evidence that he committed the murders?

A

Circumstantial

23
Q

Direct or Circumstantial?

In the OJ Simpson case, much was made of a bloody glove found behind OJ Simpson’s house. Let’s change history for a moment and assume that the glove fit, and it was proven to belong to Simpson.

Is the fact that OJ’s blood was found on the glove , mixed with the victim’s blood , direct or circumstantial evidence that he was at the murder scene?

A

Circumstantial

24
Q

Direct or Circumstantial?

In the OJ Simpson case, much was made of a bloody glove found behind OJ Simpson’s house. Let’s change history for a moment and assume that the glove fit, and it was proven to belong to Simpson.

Is the fact that OJ’s fingerprint was on the kitchen counter direct or circumstantial evidence that OJ was in the kitchen at some point?

A

Direct

25
Q

Hearsay is the :

(A) The in-______ testimony
(B) of an out-of-court ________
(C) made by someone _____ than the court witness
(D) offered to establish the ________ of matters being asserted
(E) In establishing hearsay, the _______ lies with an out-of-court asserter.

A 
(A) court
(B) statement 
(C) other
(D) truth
(E) credibility
26
Q

Exceptions to the Hearsay Rule:

1, Admissions ( by a party to the action)

A

Statements made by a party to the action that amount to an admission regarding the matter in court.

27
Q

Exceptions to the Hearsay Rule.

  1. Declaration against interest
A

Think of this as the same as an admission, except it’s by a nonparty to the action.

28
Q

Exceptions to the Hearsay Rule.

  1. Business Entries
A

Records kept in the normal course of business by the person whose job it is to keep such records are considered hearsay but are admissible under this exception.

Even though the “testimony” is actually the document , think of the ENTRY ITSELF AS A STATEMENT.

29
Q

Exceptions to the Hearsay Rule.

  1. Dying declaration
A

A statement made by someone who believes that his own death is imminent.

Some states do not consider dying declarations hearsay; therefore, no exception is needed to make the statement admissible.*

30
Q

Exceptions to the Hearsay Rule.

  1. Declaration of bodily symptoms and conditions
A

A statement made indicating a person’s own bodily condition, such as

” I feel great,” OR “My stomach hurts”

31
Q

Exceptions to the Hearsay Rule.

  1. Declaration of state of mind
A

This is a statement regarding the KNOWLEDGE and INTENT OF THE PERSON MAKING THE STATEMENT.

For instance, a person may say “ I’m so mad, I’m going to go over and beat up Joe.”

This exception has nothing to do with a person’s sanity.

32
Q

Exceptions to the Hearsay Rule.

  1. Declaration of present sense impression
A

A statement made IMMEDIATELY BEFORE or DURING AN EVENT.

Example: “Look at that speeding car!”

33
Q

Exceptions to the Hearsay Rule.

  1. Excited utterance
A

A statement made immediately after an exciting event , about that event.

Also referred to as “SPONTANEOUS DECLARATION”

34
Q

Attorney-client privilege

A

A client can refuse to testify about private communications between his attorney and himself and prevent the attorney from testifying.

This privilege extends to staff working for an attorney.

35
Q

Doctor-patient privilege

A

A patient can refuse to testify about private communications with her physician. The client may also prevent the doctor from testifying releasing confidential information against the client’s wishes.

If a client sues for damages due to personal injuries, however, the defendant has a right to view records relevant to the litigation.

36
Q

Privilege against self-incrimination

A

A person has a right, protected by the 5TH AMENDMENT, to refuse to testify against his own interests.

Once a defendant chooses to testify, however, he cannot pick and chose those questions he wants to answer.

37
Q

Governmental information

A

Certain government records, such as tax returns, are privileged , except in CERTAIN MATTERS regarding the fraudulent preparation of such documents.

38
Q

Clergy-penitent privilege

A

Often referred to as the “PRIESTLY PRIVILEGE”

This privilege applies to private communication between any member of the clergy, acting in the capacity of spiritual counselor, and an individual seeking spiritual counseling.

39
Q

Spousal communications privilege

A

Private communications between a husband an wife are usually privileged.

The privilege DOES NOT APPLY to litigation between spouses, such as an assault and battery case, or to matters involving the well-being of a child.

40
Q

In all privileges, the communication must take place in (A) _______ and remain (B) ______ . Otherwise the privilege is considered to be waived.

A

(A) private

(B) confidential

41
Q

The following privileges do not exist or ONLY exist in limited jurisdictions or legal matters:

(A) _____- child privilege
(B) Employer- ________ privilege
(C) _______- client privilege

A

(A) parent
(B) employee
(C) accountant

42
Q

In privilege if the communication does NOT REMAIN PRIVATE, it loses value as a privilege. (UNLESS the (A) _______ of the communication was through no (B) _______of the person (C) _______ the privilege.

A

(A) disclosure
(B) fault
(C) owning

43
Q

The privilege always belongs to the (A) _____ in (B) _______ jeopardy.

For example: if a woman talks to her attorney, the communication is privileged. Only the woman (who is the one who owns the privilege) may waive it.

A

(A) person

(B) legal

44
Q

Privileges are important to understand because:

(A) They affect the _____ of a witness to testify.
(B) Privileges are easily _______ often inadvertently.

(C) Once waived a person who normally would have access to a privilege may ____ that
right.

A

(A) ability
(B) waived
(C) lose

VOLUME I CH 7-12 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions