Law of Evidence Midterm Exam with complete solution
The rules of evidence _____.
determine what information will be available to the judge or jury at trial
The _____ was the earliest legal procedure by which illegal or improper jailing or
detention could be challenged in a court of law.
Writ of Habeas Corpus
The Magna Carta of 1215 was the first document establishing _____.
minimum standards for arrest and imprisonment
Under American law, the defendant is presumed innocent and the government
must prove guilt _____.
beyond a reasonable doubt
The privilege against self-incrimination, which includes the right of a defendant
not to testify, is found in the _____ Amendment.
Fifth
The Confrontation Clause is found in the _____Amendment.
Sixth
Under American law, defendants have a right to a(n) _____ trial.
fair
Under the Sixth Amendment, defendants have a right to a(n) _____ jury.
impartial
The rules of evidence are important not only to safeguard the rights of accused
persons in a fair trial but also to ensure _____.
the protection of public interests in the criminal justice system
A suspect arrested without an arrest warrant must have a probable cause hearing
before a judge or magistrate "promptly," within _____ hours of the arrest,
including weekends and holidays.
48
Under the _____ rule, the prosecution must disclose exculpatory evidence to the
defense.
Brady
If the prosecution destroys evidence important to the defense, this violates a
defendant's rights only if the prosecution acted _____.
in bad faith
The Constitution allows, and certain states require, that defendants _____.
give notice that they intend to use an alibi or insanity defense
Reliable evidence is defined as evidence that is likely to be _____.
true or accurate
Evidence is not relevant (irrelevant) if it is _____.
not related to any fact or issue in the case
In 1975, Congress enacted the _____, which had great influence on state rules of
evidence.
Federal Rules of Evidence
If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was
obtained in violation of the Constitution), such evidence is said to be _____.
incompetent
, The Federal Rules of Evidence and most state rules of evidence apply in _____
trials.
both civil and criminal
Most crimes committed in the U.S. are _____.
state crimes
In our adversary system of justice, the defense and prosecution _____.
present their best case and challenge the opponent's case
An indictment is a formal criminal charge issued by the _____.
grand jury
At the _____, the defendant will enter a formal plea to the charges.
arraignment
In the U.S., the overwhelming majority of persons charged with felonies ultimately
will plead _____.
guilty
The purpose of _____ is to assure the defendant's appearance at trial.
bail
A defendant's offer to plead guilty _____.
cannot be used as evidence if the defendant goes to trial
In the federal system and most states, if the defendant raises the insanity
defense, the burden of proof is on the _____.
defendant to prove the defense
In an Alford plea, the defendant pleads guilty while _____.
asserting his or her innocence
If a defendant wants to plead guilty, the defendant must _____.
waive a number of rights
Another term for a no contest plea is a plea of _____.
nolo contendere
The level of proof required in criminal cases is proof beyond a _____doubt.
reasonable
Proof is demonstrated by _____.
evidence
Every essential element of the crime charged must be proved by the government
beyond reasonable _____ in order to convict and punish a defendant for the
crime charged.
doubt
Evidence consists of the materials presented to the trier of fact _____.
to convince them of the existence of a fact
Circumstantial evidence is evidence that proves a fact in issue _____.
indirectly or by inference
Evidence of flight from the scene of a crime is _____.
never sufficient by itself to establish guilt
If a defendant does not testify at his or her criminal trial, the judge or jury _____.
may not use this as evidence of guilt or draw an inference of guilt
A defendant is found in possession of a very large quantity of illegal drugs. It is
permissible to draw the inference that the possession was _____.
with intent to deliver
The rules of evidence _____.
determine what information will be available to the judge or jury at trial
The _____ was the earliest legal procedure by which illegal or improper jailing or
detention could be challenged in a court of law.
Writ of Habeas Corpus
The Magna Carta of 1215 was the first document establishing _____.
minimum standards for arrest and imprisonment
Under American law, the defendant is presumed innocent and the government
must prove guilt _____.
beyond a reasonable doubt
The privilege against self-incrimination, which includes the right of a defendant
not to testify, is found in the _____ Amendment.
Fifth
The Confrontation Clause is found in the _____Amendment.
Sixth
Under American law, defendants have a right to a(n) _____ trial.
fair
Under the Sixth Amendment, defendants have a right to a(n) _____ jury.
impartial
The rules of evidence are important not only to safeguard the rights of accused
persons in a fair trial but also to ensure _____.
the protection of public interests in the criminal justice system
A suspect arrested without an arrest warrant must have a probable cause hearing
before a judge or magistrate "promptly," within _____ hours of the arrest,
including weekends and holidays.
48
Under the _____ rule, the prosecution must disclose exculpatory evidence to the
defense.
Brady
If the prosecution destroys evidence important to the defense, this violates a
defendant's rights only if the prosecution acted _____.
in bad faith
The Constitution allows, and certain states require, that defendants _____.
give notice that they intend to use an alibi or insanity defense
Reliable evidence is defined as evidence that is likely to be _____.
true or accurate
Evidence is not relevant (irrelevant) if it is _____.
not related to any fact or issue in the case
In 1975, Congress enacted the _____, which had great influence on state rules of
evidence.
Federal Rules of Evidence
If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was
obtained in violation of the Constitution), such evidence is said to be _____.
incompetent
, The Federal Rules of Evidence and most state rules of evidence apply in _____
trials.
both civil and criminal
Most crimes committed in the U.S. are _____.
state crimes
In our adversary system of justice, the defense and prosecution _____.
present their best case and challenge the opponent's case
An indictment is a formal criminal charge issued by the _____.
grand jury
At the _____, the defendant will enter a formal plea to the charges.
arraignment
In the U.S., the overwhelming majority of persons charged with felonies ultimately
will plead _____.
guilty
The purpose of _____ is to assure the defendant's appearance at trial.
bail
A defendant's offer to plead guilty _____.
cannot be used as evidence if the defendant goes to trial
In the federal system and most states, if the defendant raises the insanity
defense, the burden of proof is on the _____.
defendant to prove the defense
In an Alford plea, the defendant pleads guilty while _____.
asserting his or her innocence
If a defendant wants to plead guilty, the defendant must _____.
waive a number of rights
Another term for a no contest plea is a plea of _____.
nolo contendere
The level of proof required in criminal cases is proof beyond a _____doubt.
reasonable
Proof is demonstrated by _____.
evidence
Every essential element of the crime charged must be proved by the government
beyond reasonable _____ in order to convict and punish a defendant for the
crime charged.
doubt
Evidence consists of the materials presented to the trier of fact _____.
to convince them of the existence of a fact
Circumstantial evidence is evidence that proves a fact in issue _____.
indirectly or by inference
Evidence of flight from the scene of a crime is _____.
never sufficient by itself to establish guilt
If a defendant does not testify at his or her criminal trial, the judge or jury _____.
may not use this as evidence of guilt or draw an inference of guilt
A defendant is found in possession of a very large quantity of illegal drugs. It is
permissible to draw the inference that the possession was _____.
with intent to deliver
