Exam 1: Law and Evidence
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Created by:
cherishhxoo on November 3, 2011
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Chapters 4-6
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50 terms
Terms | Definitions |
|---|---|
 When can a person assert the privilege against self-incrimination? | At any judicial proceeding |
| Questioning of a witness by the party that called the witness | Direct examination |
| Direct evidence is evidence that does what? | Proves a fact without the need for inferences or presumptions |
| What is an exception to the marital privilege? | When someone has committed a crime against their spouse |
| A person can assert the privilege against self-incrimination only for what? | Testimonial or communicative evidence |
| The doctor-patient privilege...? | Did not exist at common law |
| Inferences are reasonable conclusions that judges or juries...? | May draw if they so desire |
| If a party believes that a question posed by the opponent is improper, that party must make a what to that question? | Objection |
| Children may testify only if what? | The judge allows them to testify after the child is questioned (voir dire) |
| Evidence of flight from the scene of a crime is...? | Never sufficient by itself to establish 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 what? | With the intent to distribute |
| In jurisdictions with a psychotherapist-patient privilege, there is usually an exception for what? | Patients who pose a serious threat to a third party |
| Questioning of a witness by the opponent of the party that called the witness is called what? | Cross examination |
| The attorney-client privilege does not apply if the client asks the attorney to what? | Assist in the commission of a crime |
| Law enforcement agents generally have a privilege not to reveal what? | The identity of confidential informants |
| Defendants who decide not to testify at their trial...? | May not be cross-examined because they have the privilege against self-incrimination |
| The burden of proof states the level of proof a party must meet to what? | Ultimately win the case |
| Evidence of prior similar crimes by the defendant...? | May be admissible under some circumstances |
| Federal statutes give federal employees a privilege not to reveal what? | Military or national security secrets |
| Evidence consists of the materials presented to the trier of fact to what? | Convince them of the existence of a fact |
| The prosecution has to proved the defendant's guilt...? | Beyond a reasonable doubt |
| In general, to be deemed a competent witness, the witness must, among other things, what? | Have personal knowledge of the matter |
| A subpoena duces tecum is a subpoena that orders the person to what? | Bring certain items or records with them to court |
| The marital privilege is recognized where? | In all jurisdictions |
| Circumstantial evidence frequently takes the form of showing that the defendant had what? | Means, opportunity, and motive |
| After a witness is subject to cross-examination, the party that called the witness originally may ask further questions under what? | Redirect examination |
| Judicial notice is permitted where? | In all jurisdictions |
| In general, only who can testify as to their opinions and conclusions? | Expert |
| Circumstantial evidence is evidence that proves a fact in issue...? | Indirectly or by inference |
| To be deemed a competent witness, the witness must have the capacity to what? | Observe, remember, narrate and understand and obligation to be truthful |
| Adult witnesses are what? | Presumed competent unless shown to be incompetent |
| Proof is the result of what? | Evidence |
| A criminal defendant's right to confront and cross-examine the witnesses is found in the ___? | 6th Amendment |
| In some instances, presumptions may operate against a defendant's right to ____ and thus be unconstitutional | A trial by jury |
| In general, presumptions are inferences that...? | The judge or jury are required to make |
| In Holland v. US, the USSC upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of what? | The net worth method |
| The attorney-client privilege does not apply when the client informs the attorney of what? | Planned crimes |
| A ordinary (fact) witness may give an opinion about...? | Things which are in the common knowledge of most people |
| A criminal defendant's right to compel the appearance of a witness at trial is found in the ____? | 6th Amendment |
| The privilege against self-incrimination is found in the ___? | 5th Amendment |
| The primary purpose of judicial notice is to what? | Save time and effort |
| A defendant does not testify at his or her criminal trial. The judge or jury...? | May not use this as evidence of guilt or drawn an inference of guilt |
| The oldest application for judicial notice is for what? | Matters generally known |
| The oldest confidential communication privilege known to the common law was the what? | Attorney-client privilege |
| All states and the federal government have some form of the marital privilege. True or False? | True |
| The term "demeanor of a witness" refers to the conduct and/or appearance of a witness while testifying. True or False? | True |
| If a law clerk or secretary of the attorney is present during an attorney-client meeting, the privilege is waived. True or False? | False |
| In the absence of a confession or admission, intent usually must be proven by circumstantial evidence. True or False? | True |
| In a jury trial, it is the province of the jury to determine the credibility of the witnesses and the weight to be given to their testimony. True or False? | True |
| The USSC has held that trial judges must give juries a definition of proof beyond a reasonable doubt. True or False? | False |
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