Criminal Evidence (Introduction) MCQs
Criminal Evidence (Introduction) MCQs
Answer these 50+ Criminal Evidence (Introduction) MCQs and see how sharp is your knowledge of Criminal Evidence (Introduction).
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1: In what circumstances does the defendant have the burden of production?
A. When the prosecution has failed to meet the burden of production, it then falls to the defendant.
B. After the prosecution meets the burden of persuasion, the burden of production falls to the defendant.
C. When the defendant presents an affirmative defense to the elements of a crime
D. After the prosecution proves guilt by a preponderance of the evidence
2: The jury, as the fact finder, shapes the outcome of a trial by using juror discretion to choose what evidence to admit or deny.
A. True
B. False
3: 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.
A. True
B. False
4: The United States Constitution provides:
A. States the power to enact laws pertaining to matters not delegated to the central government
B. A system of checks and balances to ensure no single branch of government becomes too powerful
C. The delegation of powers to the president, Congress, and the judiciary
D. All of the above
5: A dissenting opinion may be issued by a Supreme Court Justice when:
A. Only five of the nine justices agree on the outcome of a case
B. A justice agrees with the majority opinion and wants to express his or her own view
C. A judge agrees with the majority opinion but for a different reason
D. A judge disagrees with some or all aspects of the majority decision
6: Congress has the power to create courts that were not provided for in the constitution.
A. True
B. False
7: 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.
A. True
B. False
8: If one wants to be a state court judge he or she must:
A. Be elected by the state legislature
B. Be appointed by a governor with the consent of the legislature
C. Be elected in a partisan or non-partisan election
D. Be appointed for life by the governor
E. The procedure by which state court judges are selected varies depending on the location.
9: A case of first impression arrives at the court when it presents an issue that has not been previously decide In these cases, the court looks to see how other courts have decided the issue, and these decisions are considered persuasive authority.
A. True
B. False
10: Which amendment was added to the Constitution in 1868 in order to guarantee equal treatment and opportunity for African Americans?
A. The Sixth Amendment
B. The Third Amendment
C. The Fourteenth Amendment
D. The Thirteenth Amendment
11: This approach to the application of the Bill of Rights to the Fourteenth Amendment is the most inclusive of provisions.
A. Fundamental fairness
B. Selective incorporation
C. Total incorporation
D. None of the above
12: The fundamental fairness test was developed in a series of cases between 1884 and 1908.
A. True
B. False
13: In Adamson v. California, Justice Black criticized the fundamental fairness approach on the following points:
A. Decision making and textual language
B. Textual language and Bill of Rights
C. Bill of rights, textual language, and right to a fair trial
D. Decision making, Bill of Rights, and textual language
14: All provisions in the Bill of Rights have been incorporated into the Fourteenth Amendment.
A. True
B. False
15: In which courts do the Federal Rules of Evidence (FRE) apply?
A. Drug court, mental health court, and bankruptcy court
B. State courts and federal courts alike
C. A judge may use judicial discretion in deciding whether FRE will apply in a given case.
D. The federal rules apply to trial and appellate proceedings in federal courts, including district and appellate courts.
16: States have the power to choose to adopt the Federal Rules of Evidence (FRE) or develop their own evidentiary codes.
A. True
B. False
17: 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.
A. True
B. False
18: _____ is the party appealing a lower court judgment.
A. Appellant
B. Penalizing victims
C. All of these
D. Truth seeking
19: _____ is defined as the party against whom an appeal is filed.
A. European
B. New Age
C. None of these
D. Appellee
20: _____ is known as a trial in which a judge sits without trial.
A. Toxicology
B. bench trial
C. Hair analysis
D. All of these
21: Is beyond a reasonable doubt the standard for conviction in a criminal case?
A. False
B. True
22: _____ is a decision that establishes a precedent.
A. binding authority
B. Whether the display of photographs singled out a particular individual
C. Whether a particular photograph was sufficiently different in size, color, and the suspects appearing to influence the selection of the eyewitness
D. None of these
23: _____ is defined as a written legal argument that is submitted to a court.
A. Brief
B. Habit
C. Character
D. All of these
24: Is burden of persuasion the prosecution must prove every element of a criminal charge beyond a reasonable doubt?
A. False
B. True
25: _____ is responsibility to produce sufficient evidence for the fact finder to consider the merits of the claim.
A. A and b
B. burden of production
C. All of these
D. Alibi of the perpetrator
26: _____ is defined as the prosecution must prove every element of a criminal charge beyond a reasonable doubt.
A. Reasonable seizure
B. Actual seizure
C. None of these
D. burden of proof
27: _____ is known as a decision to hear an appeal.
A. State courts and federal courts alike
B. Drug court, mental health court, and bankruptcy court
C. All of these
D. certiorari
28: Is collateral attack a constitutional challenge by an individual who has been convicted and incarcerated and has exhausted his or her state appeals?
A. False
B. True
29: _____ is an opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds.
A. None of the above
B. The jury will decide
C. concurring opinion
D. All of these
30: _____ is defined as extension of the rights and freedoms in the Bill of Rights to the fifty states.
A. constitutionalization of the Bill of Rights
B. A failure by the police to follow proper legal procedures
C. All of these
D. The type of crime to which the defendant confessed
31: _____ is known as courts that hear more serious criminal and civil cases.
A. courts of general jurisdiction
B. No, absent a psychiatric report to the contrary.
C. None of these
D. No, any individual who is capable of recalling events is competent to be a witness.
32: Is courts of limited jurisdiction courts with jurisdiction over a narrow range of cases?
A. False
B. True
33: _____ is courts with jurisdiction over a broad range of cases.
A. Relevant, material, and judicially noted
B. Relevant, material, and probative
C. All of these
D. courts of original jurisdiction
34: _____ is defined as an opinion by a judge disagreeing with the majority of judges.
A. Time
B. dissenting opinion
C. None of these
D. Noncooperation
35: _____ is known as the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals due process of law. The Fourteenth Amendment Due Process Clause incorporates most of the protections of the Bill of Rights.
A. Due Process Clause
B. Relevant, material, and admissible in court
C. Relevant, material, and probative
D. None of these
36: Is en banc the entire court?
A. False
B. True
37: _____ is rules on the admission of evidence in civil and criminal cases in the U.S. federal court system.
A. To act as guarantors
B. A and b only
C. Federal Rules of Evidence
D. All of these
38: _____ is defined as the Fourteenth Amendment Due Process Clause prohibits states from criminal procedures that are fundamentally unfair. States are otherwise free to structure their criminal justice systems.
A. All of these
B. fundamental fairness
C. Police administrative procedures
D. Civilian review board
39: _____ is known as there is no “reasonable doubt” in the mind of a reasonable person that the defendant is guilty
A. None of these
B. Incriminating statements
C. Instrumentalities of crime
D. guilt beyond a reasonable doubt
40: Is information a document signed by a prosecutor charging an individual with a crime?
A. False
B. True
41: _____ is courts between municipal courts and the state supreme court.
A. None of these
B. Relevant, material, and probative
C. courts of original jurisdiction
D. intermediate appellate courts
42: _____ is defined as the U.S. Supreme Court reviews the decisions of the legislative and executive branches of government to determine whether they are consistent with the U.S. Constitution. The Court is the “final arbiter” of the meaning of the Constitution.
A. The jury may accept the fact as true.
B. judicial review
C. The jury may consult outside resources to come to its own determination about the fact.
D. None of these
43: _____ is known as the decision of a majority of judges on a court.
A. The victim knows everyone in the lineup other than the suspect.
B. None of these
C. The police point out the suspect to the victim prior to the lineup.
D. majority opinion
44: Is ordeals evidentiary proof based on an appeal to God or on various physical tests?
A. False
B. True
45: _____ is the first court to hear a case.
A. original jurisdiction
B. Time
C. Evasion
D. All of these
46: _____ is defined as an opinion of an entire court without any single judge being identified as the author.
A. No, the admission of the statements will unduly prejudice the jury.
B. None of these
C. Yes, but only if the man is unavailable to testify himself.
D. per curiam
47: _____ is known as a decision that does not constitute a binding authority but that a court may consult to assist in making a judgment.
A. No, it is hearsay.
B. All of these
C. Yes, it is an identification that falls within a prior inconsistent statement.
D. persuasive authority
48: Is petitioner an individual filing a collateral attack on a verdict following the exhaustion of direct appeals?
A. False
B. True
49: _____ is a judicial opinion that represents the views of the largest number of judges on a court, although short of a majority.
A. Consequentiality
B. All of these
C. plurality opinion
D. Prejudice
50: _____ is defined as an individual against whom a collateral attack is directed.
A. Respondent
B. Alibi of the perpetrator
C. None of these
D. Footprint analysis
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Criminal Evidence (Introduction) MCQs
