Evidence Module 2 End of Lecture Questions

Which of the following is FALSE regarding the competency of witnesses?

Anyone who has personal knowledge and is willing to take an oath is competent to testify.

The FRE has a minimum age for children to be competent to testify.

A juror may not testify as a witness in front of her co-jurors.

A judge may not testify in a trial over which he presides.

The FRE has a minimum age for children to be competent to testify.

After trial, which of the following is a juror permitted to testify about?

Any statement made during jury deliberations

Any incident that occurred during deliberations

Extraneous prejudicial information brought to the jury’s attention

The effect of any piece of evidence or argument upon any juror’s mind

Extraneous prejudicial information brought to the jury’s attention

Which of the following is FALSE with regard to impeaching a witness?

A witness may be impeached for being biased if they were paid to testify.

A witness may be impeached for sensory incompetence if they are related to a party.

A witness may be impeached for being biased if they agreed to testify in return for a reduced sentence.

A witness may be impeached for sensory incompetence if they were not wearing their glasses when they perceived the event.

A witness may be impeached for sensory incompetence if they are related to a party.

Which of the following is FALSE with regard to impeachment?

A party may introduce character evidence that a witness is a dishonest person.

Character for untruthfulness may be attacked by reputation or opinion.

A party may bolster a witness’s character for truthfulness before that trait is attacked.

Character for untruthfulness may not be attacked through prior specific acts.

A party may bolster a witness’s character for truthfulness before that trait is attacked.

How can specific acts of dishonesty (other than convictions) be introduced to impeach a witness’s character for truthfulness?

Only on cross-examination

With extrinsic evidence

By another testifying witness

With or without a good-faith basis

Only on cross-examination

Which of the following is FALSE regarding the admissibility of prior convictions?

A conviction for a crime involving dishonesty is admissible to impeach any witness.

A felony conviction is admissible to impeach any witness unless the risk of prejudice substantially outweighs the probative value.

A felony conviction is admissible against a criminal defendant only if the probative value outweighs the prejudicial effect.

If more than 10 years have elapsed since conviction or release from confinement, the conviction is admissible only if the probative value substantially outweighs the prejudicial effect.

A felony conviction is admissible to impeach any witness unless the risk of prejudice substantially outweighs the probative value.

Which of the following is FALSE regarding a lay witness’s testimony?

Lay witnesses are never allowed to give an opinion.

The lay witness’s opinion must be based on the witness’s perception.

Opinion testimony is allowed if it is a common-sense impression.

A lay witness may not testify about specialized knowledge.

Lay witnesses are never allowed to give an opinion.

Which of the following is not a requirement for an expert witness’s testimony?

The subject matter of the testimony is specialized knowledge that will help the trier of fact.

The testimony is based on sufficient facts or data of the type reasonably relied on by experts in the field.

The underlying basis of the expert’s opinion must be based on admissible evidence.

The witness must be qualified as an expert by experience, training, or education.

The underlying basis of the expert’s opinion must be based on admissible evidence.

FILL IN THE BLANK. An expert may not give an opinion about _____________________.

a witness’s credibility

the ultimate issue in a case

the requisite mental state of a criminal defendant

any issue not based on personal knowledge

the requisite mental state of a criminal defendant

Which of the following is NOT a way of authenticating tangible evidence?

By establishing a chain of custody

Testimony of distinctive markings on the evidence

A witness testifies that she has personal knowledge of the object

A showing that a document is at least 10 years old

A showing that a document is at least 10 years old

Which of the following documents is NOT self-authenticating?

Public records under seal.

Ancient documents.

Commercial Paper.

Trade inscriptions or labels.

Ancient documents.

With regard to handwriting verification, which of the following statements is FALSE?

A lay witness with personal knowledge of the handwriting can testify as to whether it is someone’s handwriting.

An expert witness can compare the writing in question with known sample.

There is no way to verify handwriting.

The trier of fact can compare the writing in question with a known sample.

There is no way to verify handwriting.

Which of the following is NOT a method of authenticating a telephone conversation?

The judge determines that the speaker has in fact been verified.

The caller recognized the speaker’s voice.

The speaker knew facts that only a particular person would know.

The caller dialed a business and spoke to a person about business regularly conducted over the phone.

The judge determines that the speaker has in fact been verified.

Which of the following statements is FALSE regarding the best evidence rule?

It applies when the contents of a writing are at issue.

It applies any time a party attempts to introduce a copy of a document.

It applies when the document has legal effect.

It applies when a witness relies on the document while testifying.

It applies any time a party attempts to introduce a copy of a document.

Which of the following is NOT an exception to the best evidence rule?

There is a genuine question about the authenticity of the original.

The original has been lost or destroyed through no one’s fault.

The original cannot be obtained by any judicial process.

The party against whom the document is introduced had control of the original and knew that it was going to at issue at trial.

There is a genuine question about the authenticity of the original.

According to the best evidence rule, when are the contents of a document NOT considered to be "at issue"?

When the document has a legal effect.

When the witness uses the document to refresh her memory.

When the witness testifies based on facts learned from the document.

When the document is used as proof.

When the witness uses the document to refresh her memory.