Evidence Final
Which amendment of the US Constitution requires a witness to appear personally to face the
defendant? Correct Answer: 6th amendment
Under the FRE which of the following is generally *NOT* a requirement for a person to be able to
testify? Correct Answer: that the individual possess mental qualifications in order to testify as a witness
Under the FRE who is declared incompetent to testify? Correct Answer: Judges and jurors sitting in the
case at trial
Which of the following is a characteristic which makes up a witness's capacity? Correct Answer: the
witness possesses the ability to perceive
Which of the following is generally *NOT* a confidential relationship which could give rise to a privilege?
Correct Answer: parent and child
A holder of a privilege may waive the privilege by all of the following EXCEPT Correct Answer: where
two or more persons holds a privilege and one of the persons waives the privilege
Which of the following is FALSE regarding privileged relationships? Correct Answer: the existence of a
privileged relationship automatically bars a person from being a witness
In a jurisdiction that recognizes the husband-wife privilege, the prohibition relates to all matters of
information obtained during all of the following EXCEPT Correct Answer: After a divorce
which of the following will DESTROY a marital privilege where communication is made in confidence?
Correct Answer: where a husband and wife speak loudly but privately in their bedroom and a guest in
the next room overhears the conversation
which of the following persons is NOT included under the attorney-client privilege when a client
communicates with them? Correct Answer: another client at the law office
which of the following may NOT be protected under the attorney-client privilege? Correct Answer: a
client who deposits a gun used in a crime with his attorney for safe keeping
to which of the following groups does the psychotherapist-patient privilege NOT extend Correct Answer:
physicians
which of the following is NOT a situation in which the psychotherapist-patient privilege is excused?
Correct Answer: when the accused's disclosure entails a confession
which of the following is FALSE with regards to the clergy-communicant privilege? Correct Answer: the
member of the clergy and the communicant should belong to the same faith for the clergy-
communicant privilege to apply
, the rule on witness Correct Answer: excludes witnesses from the courtroom during trial
the crimes that can be shown to impeach a witness for bad character for truthfulness include Correct
Answer: embezzlement
factors in evaluating witness capacity do NOT include Correct Answer: education
in order to utilize the testimony of an expert witness Correct Answer: the expert's field requires
scientific, technical or specialized knowledge
modernly, the standard for the trial court's determination of the foundation for expert testimony is
established by the Correct Answer: Daubert-Kumbo test
Voir Doire refers to Correct Answer: the process of qualifying a witness as an expert
the determination whether a person qualifies as an expert witness or not is made by Correct Answer:
the judge
when the judge examines a writing in camera it means the writing Correct Answer: is viewed privately in
the judge's chambers
a witness who is an expert in the methodology and paraphernalia involved in the commission of specific
crimes is called a Correct Answer: crimes expert
a record of fact prepared or adopted by a witness at one time which CANNOT presently be remembered
is called Correct Answer: past recollection recorded
the uniform act to secure the attendance of witnesses permits a court to do all of the following EXCEPT
Correct Answer: require the testimony of an out of state witness who is not material
which of the following is NOT a method of impeaching a witness Correct Answer: by proof of past
recollection recorded
an exception to the requirement that a witness must answer all questions is with respect to Correct
Answer: self-incriminating questions
all of the following statements are correct with respect to past recollection recorded EXCEPT Correct
Answer: the evidence in the form of the writing is not admissible if offered by the adverse party
a witness may NOT be impeached by which of the following Correct Answer: his or her lack of religious
belief
a witness's credibility is NOT defined by which one of the following Correct Answer: morality
which of the following illustrates FRE's rule 403 balancing test? Correct Answer: the evidence is
inadmissible if the probative value of the evidence is substantially outweighed by its prejudicial effect
Which amendment of the US Constitution requires a witness to appear personally to face the
defendant? Correct Answer: 6th amendment
Under the FRE which of the following is generally *NOT* a requirement for a person to be able to
testify? Correct Answer: that the individual possess mental qualifications in order to testify as a witness
Under the FRE who is declared incompetent to testify? Correct Answer: Judges and jurors sitting in the
case at trial
Which of the following is a characteristic which makes up a witness's capacity? Correct Answer: the
witness possesses the ability to perceive
Which of the following is generally *NOT* a confidential relationship which could give rise to a privilege?
Correct Answer: parent and child
A holder of a privilege may waive the privilege by all of the following EXCEPT Correct Answer: where
two or more persons holds a privilege and one of the persons waives the privilege
Which of the following is FALSE regarding privileged relationships? Correct Answer: the existence of a
privileged relationship automatically bars a person from being a witness
In a jurisdiction that recognizes the husband-wife privilege, the prohibition relates to all matters of
information obtained during all of the following EXCEPT Correct Answer: After a divorce
which of the following will DESTROY a marital privilege where communication is made in confidence?
Correct Answer: where a husband and wife speak loudly but privately in their bedroom and a guest in
the next room overhears the conversation
which of the following persons is NOT included under the attorney-client privilege when a client
communicates with them? Correct Answer: another client at the law office
which of the following may NOT be protected under the attorney-client privilege? Correct Answer: a
client who deposits a gun used in a crime with his attorney for safe keeping
to which of the following groups does the psychotherapist-patient privilege NOT extend Correct Answer:
physicians
which of the following is NOT a situation in which the psychotherapist-patient privilege is excused?
Correct Answer: when the accused's disclosure entails a confession
which of the following is FALSE with regards to the clergy-communicant privilege? Correct Answer: the
member of the clergy and the communicant should belong to the same faith for the clergy-
communicant privilege to apply
, the rule on witness Correct Answer: excludes witnesses from the courtroom during trial
the crimes that can be shown to impeach a witness for bad character for truthfulness include Correct
Answer: embezzlement
factors in evaluating witness capacity do NOT include Correct Answer: education
in order to utilize the testimony of an expert witness Correct Answer: the expert's field requires
scientific, technical or specialized knowledge
modernly, the standard for the trial court's determination of the foundation for expert testimony is
established by the Correct Answer: Daubert-Kumbo test
Voir Doire refers to Correct Answer: the process of qualifying a witness as an expert
the determination whether a person qualifies as an expert witness or not is made by Correct Answer:
the judge
when the judge examines a writing in camera it means the writing Correct Answer: is viewed privately in
the judge's chambers
a witness who is an expert in the methodology and paraphernalia involved in the commission of specific
crimes is called a Correct Answer: crimes expert
a record of fact prepared or adopted by a witness at one time which CANNOT presently be remembered
is called Correct Answer: past recollection recorded
the uniform act to secure the attendance of witnesses permits a court to do all of the following EXCEPT
Correct Answer: require the testimony of an out of state witness who is not material
which of the following is NOT a method of impeaching a witness Correct Answer: by proof of past
recollection recorded
an exception to the requirement that a witness must answer all questions is with respect to Correct
Answer: self-incriminating questions
all of the following statements are correct with respect to past recollection recorded EXCEPT Correct
Answer: the evidence in the form of the writing is not admissible if offered by the adverse party
a witness may NOT be impeached by which of the following Correct Answer: his or her lack of religious
belief
a witness's credibility is NOT defined by which one of the following Correct Answer: morality
which of the following illustrates FRE's rule 403 balancing test? Correct Answer: the evidence is
inadmissible if the probative value of the evidence is substantially outweighed by its prejudicial effect
