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Exam 1: Law and Evidence
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 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?
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?
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?
Judicial notice is permitted where?
In all jurisdictions
In general, only who can testify as to their opinions and conclusions?
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?
A criminal defendant's right to confront and cross-examine the witnesses is found in the ___?
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?
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 ____?
The privilege against self-incrimination is found in the ___?
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?
All states and the federal government have some form of the marital privilege. True or False?
The term "demeanor of a witness" refers to the conduct and/or appearance of a witness while testifying. True or False?
If a law clerk or secretary of the attorney is present during an attorney-client meeting, the privilege is waived. True or False?
In the absence of a confession or admission, intent usually must be proven by circumstantial evidence. True or False?
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?
The USSC has held that trial judges must give juries a definition of proof beyond a reasonable doubt. True or False?