Evidence Final exam-Practice Quiz
Questions And Answers
In what circumstances does the defendant have the burden of production? - ANS When
the defendant presents an affirmative defense to the elements of a crime.
True or false: The jury, as the fact finder, shapes the outcome of a trial by using juror discretion
to choose what evidence to admit or deny. - ANS False
True or False: Using witness testimony as the basis of a determination of guilt or innocence at
trial is a relatively new legal phenomenon, tracing its beginnings to the mid-1500s. - ANS
False
The United States Constitution provides: - ANS All of the above
A dissenting opinion may be issued by a Supreme Court Justice when: - ANS A judge
disagrees with some or all aspects of the majority decision.
True or false: Congress has the power to create courts that were not provided for in the
constitution. - ANS True
True or False: When a state Supreme Court decision interpreting a state constitution provision
conflicts with the corresponding federal provision, the state Supreme Court decision will win
regardless of the nature of the conflict because it is the law of the land in which the court sits. -
ANS False
If one wants to be a state court judge he or she must: - ANS The procedure by which state
court judges are selected varies depending on the location.
True or False: A case of first impression arrives at the court when it presents an issue that has
not been previously decided. In these cases, the court looks to see how other courts have
decided the issue, and these decisions are considered persuasive authority. - ANS True
Which amendment was added to the Constitution in 1868 in order to guarantee equal treatment
and opportunity for African Americans? - ANS The Fourteenth Amendment
This approach to the application of the Bill of Rights to the Fourteenth Amendment is the most
inclusive of provisions. - ANS Total incorporation
, True or False: The fundamental fairness test was developed in a series of cases between 1884
and 1908. - ANS True
In Adamson v. California, Justice Black criticized the fundamental fairness approach on the
following points: - ANS Decision making, Bill of Rights, and textual language
True or False: All provisions in the Bill of Rights have been incorporated into the Fourteenth
Amendment. - ANS False
In which courts do the Federal Rules of Evidence (FRE) apply? - ANS The federal rules
apply to trial and appellate proceedings in federal courts, including district and appellate courts.
True or false: States have the power to choose to adopt the Federal Rules of Evidence (FRE) or
develop their own evidentiary codes. - ANS True
True or false: Rules of Evidence help to ensure that trials are fair by limiting the ability of lawyers
to influence the outcome of trials through the verbal abuse of witnesses or misrepresentation of
facts presented at trial. - ANS True
What is a group of citizens assembled to decide whether an indictment should be issued called?
- ANS Grand jury
If an aggrieved individual wants to formally pursue an action against another party, what is his or
her recourse? - ANS B, C, or D
A recently arrested individual is present for the initial appearance where he is informed of his
rights. Which of the following is not a right of a defendant? - ANS The right to select the
forum
In a preliminary hearing, the prosecution's evidence, if true, would be sufficient to convict a
defendant at trial; however, despite the sufficiency of the evidence, it seems unlikely that a
conviction would actually occur. A jurisdiction that adheres to this approach would choose to go
to trial. - ANS Prima Facie
True or false: Grand jury proceedings are surrounded by secrecy because they are not open to
the public, and the suspect has no right to attend the hearings, testify, or present evidence. -
ANS True
Joe, afraid of prosecution for his own involvement in the commission of a crime, does not want
to testify in front of a grand jury in a related matter. He negotiates with the prosecutor in hopes
of receiving immunity. Which type of immunity will afford Joe the broadest protection from
prosecution? - ANS Transactional immunity—This type of immunity protects a testifying
witness from prosecution for any crime the witness admits while testifying.
Questions And Answers
In what circumstances does the defendant have the burden of production? - ANS When
the defendant presents an affirmative defense to the elements of a crime.
True or false: The jury, as the fact finder, shapes the outcome of a trial by using juror discretion
to choose what evidence to admit or deny. - ANS False
True or False: Using witness testimony as the basis of a determination of guilt or innocence at
trial is a relatively new legal phenomenon, tracing its beginnings to the mid-1500s. - ANS
False
The United States Constitution provides: - ANS All of the above
A dissenting opinion may be issued by a Supreme Court Justice when: - ANS A judge
disagrees with some or all aspects of the majority decision.
True or false: Congress has the power to create courts that were not provided for in the
constitution. - ANS True
True or False: When a state Supreme Court decision interpreting a state constitution provision
conflicts with the corresponding federal provision, the state Supreme Court decision will win
regardless of the nature of the conflict because it is the law of the land in which the court sits. -
ANS False
If one wants to be a state court judge he or she must: - ANS The procedure by which state
court judges are selected varies depending on the location.
True or False: A case of first impression arrives at the court when it presents an issue that has
not been previously decided. In these cases, the court looks to see how other courts have
decided the issue, and these decisions are considered persuasive authority. - ANS True
Which amendment was added to the Constitution in 1868 in order to guarantee equal treatment
and opportunity for African Americans? - ANS The Fourteenth Amendment
This approach to the application of the Bill of Rights to the Fourteenth Amendment is the most
inclusive of provisions. - ANS Total incorporation
, True or False: The fundamental fairness test was developed in a series of cases between 1884
and 1908. - ANS True
In Adamson v. California, Justice Black criticized the fundamental fairness approach on the
following points: - ANS Decision making, Bill of Rights, and textual language
True or False: All provisions in the Bill of Rights have been incorporated into the Fourteenth
Amendment. - ANS False
In which courts do the Federal Rules of Evidence (FRE) apply? - ANS The federal rules
apply to trial and appellate proceedings in federal courts, including district and appellate courts.
True or false: States have the power to choose to adopt the Federal Rules of Evidence (FRE) or
develop their own evidentiary codes. - ANS True
True or false: Rules of Evidence help to ensure that trials are fair by limiting the ability of lawyers
to influence the outcome of trials through the verbal abuse of witnesses or misrepresentation of
facts presented at trial. - ANS True
What is a group of citizens assembled to decide whether an indictment should be issued called?
- ANS Grand jury
If an aggrieved individual wants to formally pursue an action against another party, what is his or
her recourse? - ANS B, C, or D
A recently arrested individual is present for the initial appearance where he is informed of his
rights. Which of the following is not a right of a defendant? - ANS The right to select the
forum
In a preliminary hearing, the prosecution's evidence, if true, would be sufficient to convict a
defendant at trial; however, despite the sufficiency of the evidence, it seems unlikely that a
conviction would actually occur. A jurisdiction that adheres to this approach would choose to go
to trial. - ANS Prima Facie
True or false: Grand jury proceedings are surrounded by secrecy because they are not open to
the public, and the suspect has no right to attend the hearings, testify, or present evidence. -
ANS True
Joe, afraid of prosecution for his own involvement in the commission of a crime, does not want
to testify in front of a grand jury in a related matter. He negotiates with the prosecutor in hopes
of receiving immunity. Which type of immunity will afford Joe the broadest protection from
prosecution? - ANS Transactional immunity—This type of immunity protects a testifying
witness from prosecution for any crime the witness admits while testifying.
