Law 202 Practice Exam

According to Rule 401, relevant evidence is defined as evidence that:

A) Has no effect on the outcome of a case
B) Is generally inadmissible
C) Has any tendency to make a fact of consequence more or less probable
D) Is only admissible if it relates to character

According to Rule 401, relevant evidence is defined as evidence that:

A) Has no effect on the outcome of a case
B) Is generally inadmissible
C) Has any tendency to make a fact of consequence more or less probable
D) Is only admissible if it relates to character

C) Has any tendency to make a fact of consequence more or less probable

Under Rule 402, which of the following is true?

A) All evidence is admissible.
B) Relevant evidence is generally admissible; irrelevant evidence is inadmissible.
C) Irrelevant evidence can be admissible if it is helpful.
D) Relevant evidence is only admissible if it is authenticated.

B) Relevant evidence is generally admissible; irrelevant evidence is inadmissible.

Rule 403 states that relevant evidence may be excluded if:

A) It is not supported by a witness.
B) Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or undue delay.
C) It has been previously admitted in another case.
D) It does not come from a reliable source.

B) Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or undue delay.

According to Rule 404(b), evidence of other crimes, wrongs, or acts is:

A) Always admissible to prove character.
B) Admissible only if it relates to the current case.
C) Not admissible to prove the character of the person.
D) Admissible if the defendant has a history of similar acts.

C) Not admissible to prove the character of the person.

Which of the following statements is true regarding witness competency according to Rule 601?

A) All witnesses must be attorneys.
B) Every person is competent to be a witness except as otherwise provided.
C) Only individuals over 18 can testify.
D) Witnesses must have prior experience in court.

B) Every person is competent to be a witness except as otherwise provided.

Under Rule 602, what is required of a witness regarding the matter they testify about?

A) They must have been present during the incident.
B) They must have personal knowledge of the matter.
C) They must be an expert in the subject matter.
D) They must have documented evidence.

B) They must have personal knowledge of the matter.

What does Rule 608(A) allow regarding character evidence?

A) It allows opinion evidence of a witness's character only for truthfulness if the character has already been attacked.
B) It prohibits any opinion evidence regarding character.
C) It allows opinion evidence for character without limitations.
D) It allows extrinsic evidence of character.

A) It allows opinion evidence of a witness's character only for truthfulness if the character has already been attacked.

According to Rule 609, evidence of a witness's prior conviction is generally admissible if:

A) It is for a crime punishable by less than one year of imprisonment.
B) It is for a crime punishable by one year or more of imprisonment and is relevant to truthfulness.
C) The conviction occurred more than ten years ago.
D) It does not involve dishonesty.

B) It is for a crime punishable by one year or more of imprisonment and is relevant to truthfulness.

Rule 611 allows the court to:

A) Control the manner and order of presenting evidence to ascertain truth.
B) Allow unlimited questioning of witnesses.
C) Exclude all evidence that is not favorable to the judge.
D) Prevent attorneys from discussing the case with witnesses.

A) Control the manner and order of presenting evidence to ascertain truth.

What is required for the admissibility of duplicates under Rule 1003?

A) Duplicates are generally inadmissible.
B) Duplicates are admissible unless a party objects to their authenticity.
C) Duplicates must always be accompanied by the original document.
D) Duplicates are admissible only if they are signed by a notary.

B) Duplicates are admissible unless a party objects to their authenticity.

Under Rule 603, what is required of every witness before testifying?
A) They must present a written declaration.
B) They must take an oath or affirmation to testify truthfully.
C) They must have a sponsor in the courtroom.
D) They must provide evidence of their qualifications.

B) They must take an oath or affirmation to testify truthfully.

According to Rule 605, a presiding judge may:
A) Testify in the case they are presiding over.
B) Not testify in any case in which they are presiding.
C) Testify as an expert witness on legal matters.
D) Only testify if all parties agree.

B) Not testify in any case in which they are presiding.

Under Rule 606, jurors are:
A) Allowed to testify about their deliberations.
B) Not allowed to testify about anything that occurred during deliberations.
C) Required to submit written statements post-trial.
D) Allowed to be called as witnesses if they were not part of the deliberation.

B) Not allowed to testify about anything that occurred during deliberations.

Rule 608(A) permits which type of character evidence?
A) Opinion evidence of a witness’s character for truthfulness, if it has been attacked.
B) Extrinsic evidence of good character.
C) General opinion evidence regarding any character trait.
D) No opinion evidence of character is allowed.

A) Opinion evidence of a witness’s character for truthfulness, if it has been attacked.

According to Rule 608(B), specific instances of conduct can be:
A) Used as extrinsic evidence.
B) Inquired about only if they relate to truthfulness on cross-examination.
C) Admitted without any limitation.
D) Used to establish a witness's character for honesty.

B) Inquired about only if they relate to truthfulness on cross-examination.

Rule 609 allows evidence of a witness's prior conviction to be admitted if:
A) It was for a crime punishable by one year or more of imprisonment.
B) The conviction occurred less than five years ago.
C) It involves moral turpitude, regardless of punishment.
D) It was a misdemeanor conviction.

A) It was for a crime punishable by one year or more of imprisonment.

Under Rule 611, the court is empowered to:
A) Control the presentation of evidence to ascertain the truth.
B) Limit all questioning of witnesses.
C) Exclude any evidence it deems unnecessary.
D) Make determinations about witness credibility.

A) Control the presentation of evidence to ascertain the truth.

Rule 612 allows for which procedure?
A) Witnesses to testify without any recollection.
B) Refreshing a witness's recollection with materials they previously reviewed.
C) Excluding all notes taken by witnesses.
D) Witnesses to read their entire prior statements aloud.

B) Refreshing a witness's recollection with materials they previously reviewed.

Under Rule 613, prior statements of witnesses can be used to:
A) Refresh their memory before they testify.
B) Impeach their credibility during cross-examination.
C) Establish new evidence.
D) Prove the truth of the matter asserted.

B) Impeach their credibility during cross-examination.

Rule 803(5) provides an exception to hearsay for:
A) Present recollection refreshed.
B) Past recollection recorded.
C) General opinion evidence.
D) Prior inconsistent statements.

B) Past recollection recorded.

Rule 901 requires what for the authentication of evidence?
A) Only the original document must be presented.
B) Sufficient proof that the item is what the proponent claims it to be.
C) A witness who can testify to its authenticity.
D) Expert testimony regarding its reliability.

B) Sufficient proof that the item is what the proponent claims it to be.

According to Rule 902, which type of document is usually self-authenticating?
A) Personal letters.
B) Public documents under seal.
C) Testimonial statements.
D) Private contracts.

B) Public documents under seal.

Under Rule 1002, to prove the contents of a writing, recording, or photograph, a party must provide:
A) A copy of the document.
B) The original, unless otherwise provided.
C) Any secondary evidence.
D) A witness who can summarize the content.

B) The original, unless otherwise provided.

Rule 1003 states that duplicates are:
A) Generally inadmissible.
B) Admissible unless a party raises an authenticity issue.
C) Always considered inferior to originals.
D) Admissible only if they are certified.

B) Admissible unless a party raises an authenticity issue.

Under Rule 1004, an original document is not required if:
A) The original has been destroyed intentionally.
B) The original is lost and not obtainable.
C) The original was never created.
D) The content is common knowledge.

B) The original is lost and not obtainable.

According to Rule 1005, copies of public records can be used to:
A) Prove their contents.
B) Establish the authenticity of the original.
C) Replace the need for an original document.
D) Serve as evidence without further validation.

A) Prove their contents.

Rule 1006 allows for:
A) Summaries of voluminous writings, recordings, or photographs to prove content.
B) General opinions on the content of documents.
C) Elimination of the need for originals entirely.
D) All witness testimonies regarding document contents.

A) Summaries of voluminous writings, recordings, or photographs to prove content.

Under Rule 1007, which statement is true regarding the content of writings?
A) A party can prove the content solely through expert testimony.
B) A party may prove the content through their own testimony or statement.
C) A party must always provide the original document.
D) A party cannot use their own statements as evidence.

B) A party may prove the content through their own testimony or statement.

According to Rule 1008, the functions of the court and jury include:
A) Deciding the admissibility of evidence without any guidance.
B) Determining the weight and credibility of the evidence presented.
C) Excluding all hearsay evidence.
D) Making legal determinations without regard to rules of evidence.

B) Determining the weight and credibility of the evidence presented.

What does the term "relevance" refer to in the context of evidence?
A) Evidence that is always admissible in court.
B) Evidence that tends to make a fact of consequence more or less probable.
C) Evidence that has been previously introduced.
D) Evidence that pertains only to character.

B) Evidence that tends to make a fact of consequence more or less probable.

"Unfair prejudice" refers to:
A) Evidence that is completely irrelevant.
B) Evidence suggesting an inappropriate basis for a decision.
C) Evidence that supports a party's claim.
D) Evidence that is too complicated for the jury.

B) Evidence suggesting an inappropriate basis for a decision.

Under Rule 403, when can relevant evidence be excluded?
A) When it is deemed too complex.
B) When unfair prejudice outweighs its probative value.
C) When it has been previously introduced.
D) When it is not authenticated.

B) When unfair prejudice outweighs its probative value.

What is a "stipulation" in legal terms?
A) A type of evidence that is self-authenticating.
B) An agreement between two parties that must be approved by a judge.
C) A formal objection to evidence.
D) A statement made by a witness.

B) An agreement between two parties that must be approved by a judge.

Jury nullification occurs when:
A) The jury reaches a unanimous decision.
B) One juror is not satisfied with the majority's verdict.
C) A juror is excused from duty.
D) A witness is found incompetent.

B) One juror is not satisfied with the majority's verdict.

What does "probandum" refer to?
A) The evidence that needs to be authenticated.
B) The specific fact or issue that one party is trying to prove.
C) The credibility of a witness.
D) A type of legal objection.

B) The specific fact or issue that one party is trying to prove.

To "lay a foundation" means to:
A) Present final arguments in a trial.
B) Provide the necessary background to introduce evidence.
C) Establish a witness’s credibility.
D) Submit an objection to evidence.

B) Provide the necessary background to introduce evidence.

Which of the following best describes "real proof"?
A) Testimonial evidence from witnesses.
B) Exhibits, demonstrations, charts, or physical evidence.
C) Written documents presented in court.
D) Character evidence of a witness.

B) Exhibits, demonstrations, charts, or physical evidence.

Authentication in legal terms refers to:
A) The process of determining a witness's credibility.
B) The procedure to establish that a document or item is what it claims to be.
C) The judge's authority to make rulings.
D) The process of cross-examination.

B) The procedure to establish that a document or item is what it claims to be.

A "lay witness" is defined as:
A) An expert witness in a specialized field.
B) A non-expert who provides testimony based on personal knowledge.
C) A witness who has been convicted of a crime.
D) A juror who provides testimony.

B) A non-expert who provides testimony based on personal knowledge.

What does "chain of custody" refer to?
A) The timeline of events in a trial.
B) How evidence is marked, stored, and handled.
C) The process of jury selection.
D) The authority of a judge to control the proceedings.

B) How evidence is marked, stored, and handled.

In legal terms, "fungible" means:
A) Evidence that can be mixed with other similar items.
B) Evidence that must remain separate.
C) Evidence that is irreplaceable.
D) Evidence that is digital in nature.

A) Evidence that can be mixed with other similar items.

"Reasonable certainty" refers to:
A) A vague standard of proof.
B) Being persuaded based on rational consideration of the evidence.
C) Absolute certainty in a legal decision.
D) A high burden of proof in civil cases.

B) Being persuaded based on rational consideration of the evidence.

When presenting evidence, the primary goals are to:
A) Waste time, entertain the jury, and confuse issues.
B) Ascertain truth, not waste time, and protect witnesses.
C) Create an emotional appeal.
D) Avoid any mention of the opposing party.

B) Ascertain truth, not waste time, and protect witnesses.

What does it mean to "charge the jury"?
A) To criticize the jury for its decisions.
B) To instruct the jury on the law relevant to the case.
C) To dismiss a juror from service.
D) To provide evidence for the jury to consider.

B) To instruct the jury on the law relevant to the case.

A "condition precedent" is:
A) A requirement that must be met for a legal action to occur.
B) A condition that has already been fulfilled.
C) A form of witness testimony.
D) A type of legal objection.

A) A requirement that must be met for a legal action to occur.

The term "in-camera" refers to:
A) Evidence presented in open court.
B) Private discussions or proceedings held outside the presence of the jury.
C) Public hearings.
D) Witness testimony provided under oath.

B) Private discussions or proceedings held outside the presence of the jury.

n legal terms, "competency" refers to:
A) A judge's authority over a case.
B) A person's mental capacity to understand and participate in legal proceedings.
C) The ability of a witness to provide expert testimony.
D) The qualifications required for attorneys.

B) A person's mental capacity to understand and participate in legal proceedings.

To "impeach" a witness means to:
A) Support their testimony.
B) Attack their credibility.
C) Provide additional evidence in their favor.
D) Call them as an expert witness.

B) Attack their credibility.

A "leading question" is characterized by:
A) Open-ended inquiry.
B) Suggesting the answer within the question itself.
C) Questions that require lengthy explanations.
D) Questions posed to experts only.

B) Suggesting the answer within the question itself.

An "oath" typically involves:
A) A written statement of facts.
B) A promise made regarding truthfulness, often invoking a higher power.
C) A procedure for cross-examination.
D) A document submitted to the court.

B) A promise made regarding truthfulness, often invoking a higher power.

An "affirmation" is:
A) A promise to tell the truth without invoking a higher power.
B) A formal objection to evidence.
C) A type of witness testimony.
D) A summary of a case.

A) A promise to tell the truth without invoking a higher power.

"Pro se" refers to:
A) An attorney representing a client.
B) A party representing themselves without an attorney.
C) A type of witness.
D) A legal document.

B) A party representing themselves without an attorney.

The "best evidence rule" states that:
A) Secondary evidence is always admissible.
B) The original document must be provided to prove its contents, unless otherwise provided.
C) Only expert testimony can validate evidence.
D) Written statements are preferable to oral testimony.

B) The original document must be provided to prove its contents, unless otherwise provided.

"Testimonial proof" involves:
A) Documents submitted to the court.
B) Witnesses testifying about what they have seen or heard.
C) Physical evidence presented in court.
D) Judicial notices of facts.

B) Witnesses testifying about what they have seen or heard.

The four components of witness competency include:
A) Preparation, presentation, persuasion, and proof.
B) Perception, recollection, communication, and truthfulness/oath/affirmation.
C) Knowledge, experience, credibility, and truthfulness.
D) Evidence, testimony, expertise, and understanding.

B) Perception, recollection, communication, and truthfulness/oath/affirmation.

The term "per se" refers to:
A) Something that requires additional evidence to be valid.
B) A legal presumption that operates on its own.
C) Evidence that must be corroborated.
D) A procedural rule in court.

B) A legal presumption that operates on its own.

"Voir dire" is the process of:
A) Jury selection and qualification of witnesses.
B) Presenting evidence to the jury.
C) Finalizing a verdict.
D) Cross-examining a witness.

A) Jury selection and qualification of witnesses.

Under current FRE, an "incompetent person" can refer to:
A) A criminal defendant or felon.
B) A sitting juror.
C) A witness with mental impairment.
D) Any party in a trial.

B) A sitting juror.

Rule 611 in the FRE designates the judge's role as:
A) A strict enforcer of procedural rules only.
B) A traffic cop who exercises reasonable control over the proceedings to ascertain truth, not waste time, and protect witnesses.
C) An arbitrator of witness credibility.
D) A mediator between parties.

B) A traffic cop who exercises reasonable control over the proceedings to ascertain truth, not waste time, and protect witnesses.

"Present recollection refreshed" occurs when:
A) A witness recalls details after reviewing notes.
B) A witness cannot remember anything about the case.
C) A witness provides an opinion based on what they have seen.
D) A witness is cross-examined about prior statements.

A) A witness recalls details after reviewing notes.

"Present recollection recorded" means that:
A) A witness can fully recall events without aids.
B) A witness remembers something they previously recorded but cannot recall it independently.
C) A witness has prepared a full statement prior to the trial.
D) A witness must provide evidence from memory alone.

B) A witness remembers something they previously recorded but cannot recall it independently.

A "hostile witness" is defined as:
A) A witness who cooperates fully with the questioning.
B) A witness who refuses to answer questions or is antagonistic.
C) A witness who is a party to the case.
D) A witness who provides expert testimony.

B) A witness who refuses to answer questions or is antagonistic.

"Judicial notice" allows a court to:
A) Accept facts as true without formal evidence being presented.
B) Declare all evidence presented in court as inadmissible.
C) Require witnesses to testify to certain facts.
D) Limit the scope of evidence in a trial.

A) Accept facts as true without formal evidence being presented.

A "holdout juror" is:
A) A juror who agrees with the majority.
B) A juror who disagrees with the majority and does not agree to a unanimous verdict.
C) A juror who is excused from the jury.
D) A juror who provides expert testimony.

B) A juror who disagrees with the majority and does not agree to a unanimous verdict.

"Bolstering" refers to:
A) Attacking a witness's credibility.
B) Supporting the credibility of a witness.
C) Presenting evidence that is not relevant.
D) Introducing new evidence in rebuttal.

B) Supporting the credibility of a witness.

Which of the following is NOT a way to impeach a witness?
A) Prior inconsistent statements.
B) Reputation for truthfulness.
C) Personal opinions on a subject.
D) Criminal convictions.

C) Personal opinions on a subject.

"Extrinsic evidence" is defined as:
A) Evidence presented during direct examination.
B) Evidence that comes from outside the case or is additional to what has already been presented.
C) Evidence provided by a party in the case.
D) Evidence that cannot be introduced in court.

B) Evidence that comes from outside the case or is additional to what has already been presented.

"Substantive evidence" is typically used for:
A) Supporting a witness's credibility.
B) Impeachment purposes only.
C) Establishing the main issues of a case.
D) Presenting personal opinions.

B) Impeachment purposes only.

In legal terms, "collateral" refers to:
A) Evidence that directly supports the main issue of the case.
B) A matter that is not directly relevant to the main issues of the case.
C) Evidence presented by a party.
D) Financial security for a loan.

B) A matter that is not directly relevant to the main issues of the case.

"Subterfuge" is best described as:
A) A legal objection to evidence.
B) A means of avoiding or hiding something.
C) A type of witness testimony.
D) A method of jury selection.

B) A means of avoiding or hiding something.

A "motion in limine" is a request to:
A) Dismiss the case entirely.
B) Limit or exclude certain evidence before it is presented at trial.
C) Force a witness to testify.
D) Require jurors to take an oath.

B) Limit or exclude certain evidence before it is presented at trial.

"Circumstantial evidence" is:
A) Evidence that directly proves a fact.
B) Evidence that relies on inference to connect it to a conclusion of fact.
C) Testimony from expert witnesses.
D) Evidence that is not admissible in court.

B) Evidence that relies on inference to connect it to a conclusion of fact.

Character and conduct are relevant to impeachment when:
A) A witness's credibility is questioned.
B) The witness has been previously convicted of a crime.
C) The witness is a layperson.
D) Evidence is presented by an expert.

A) A witness's credibility is questioned.