Multiple Choice
1. In general, to be deemed a competent witness, the witness must _____.
a.
have personal knowledge of the matters
b.
be 21 years of age or older
c.
have at least a sixth grade education
d.
not be biased about the case
2. To be deemed a competent witness, the witness must have the capacity to _____.
a.
b.
c.
d.
3. Adult witnesses are _____.
a.
presumed incompetent unless shown to be competent
b.
presumed competent unless shown to be incompetent
c.
always subjected to voir dire before being allowed to testify
d.
presumed competent if they are at least 21 years of age
4. Children may testify only if _____.
a.
they are a minimum of ten years of age
b.
a psychologist testifies that they understand the obligation to tell the truth
c.
the judge allows them to testify after the child is questioned (voir dire)
d.
they have competed the first grade
5. In considering whether children are competent to testify, age _____.
a.
is irrelevant
b.
can serve as an absolute barrier to testimony
c.
cannot be considered
d.
is important but not determinative
6. A subpoena duces tecum is a subpoena that orders the person to _____,
a.
bring certain items or records with them to court
b.
appear with an attorney
c.
waive their privilege against self-incrimination
d.
not discuss their testimony with anyone
7. A criminal defendant’s right to compel the appearance of witnesses at trial is found in the _____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
8. A criminal defendant’s right to confront and cross-examine witnesses is found in the _____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Seventh
9. Defendants who decide to testify at their trial _____.
a.
may not be cross-examined
b.
may not be prosecuted for perjury
c.
may be cross-examined
d.
do not have to take an oath to tell the truth
10. In general, only _____ witnesses may testify as to their opinions or conclusions.
a.
ordinary
b.
expert
c.
prosecution
d.
defense
11. An ordinary witness may give an opinion about _____.
a.
things which are in the common knowledge of most people
b.
things they have been told by another
c.
their own competence to be a witness
d.
whether their testimony is relevant
12. Questioning of a witness by the party that called that witness is called _____ examination.
a.
cross
b.
central
c.
straight
d.
direct
13. Questioning of a witness by the opponent of the party that called that witness is called _____-examination.
a.
cross
b.
didactic
c.
critical
d.
skeptical
14. If a party believes that a question posed by the opponent is improper, that party must make a(n) _____ to
that question.
a.
exception
b.
objection
c.
proposition
d.
request to omit
15. After a witness is subject to cross-examination, the party that called them originally may ask further
questions under _____ examination.
a.
recross
b.
following
c.
redirect
d.
didactic
16. As fact finders, the jury alone determines the ______ given to all evidence.
a.
exceptions
b.
legality
c.
weight
d.
sequence
17. As fact finders, the jury determines whether sufficient _____exists to justify a verdict of guilty.
a.
evidence
b.
convincing
c.
bias
d.
objectivity
18. The trial judge determines the _____ of a witness.
a.
recross
b.
competence
c.
redirect
d.
didactic
19. By using _____, “the cross-examiner intends to afford the jury a basis to infer that the witness’ character is
such that he would be less likely than the average trustworthy citizen to be truthful in his testimony.”
a.
evidence
b.
convincing
c.
impeachment
d.
objectivity
20. Expert testimony based on handwriting analysis is generally _____in both federal and state courts under
Federal Rules of Evidence 702 and similar state rules
a.
inadmissible
b.
excluded
c.
subjective
d.
admissible
d
Types of Witnesses and Opinion Evidence
CEPC.GARD.16.5.6
True / False
21. Adult witnesses are presumed to be competent witnesses.
a.
True
b.
False
True
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.1
22. Unless they are the victim of a crime or an eyewitness, a child under the age of twelve can never be a
competent witness.
a.
True
b.
False
False
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.2
23. Prior to 1779, no child under the age of fourteen was eligible or competent to testify as a witness.
a.
True
b.
False
True
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.2
24. Voir dire is a French term meaning to incriminate oneself.
a.
True
b.
False
False
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.1
25. Many jurisdictions have set up special procedures to protect child victims who testify at the trial of their
alleged abuser.
a.
True
b.
False
True
Credibility of Witnesses
CEPC.GARD.16.5.2
26. In a jury trial, voir dire of witnesses is conducted by the foreperson of the jury.
a.
True
b.
False
False
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.1
27. 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.
a.
True
b.
False
True
The Role of the Trial Judge
CEPC.GARD.16.5.3
28. The term “demeanor of a witness” refers to the conduct and/or appearance of a witness while testifying.
a.
True
b.
False
True
Credibility of Witnesses
CEPC.GARD.16.5.3
29. One of the purposes of the right to a jury trial is to protect people against overzealous prosecutors and biased
judges.
a.
True
b.
False
True
Constitutional Rights of Defendants Regarding Witnesses
CEPC.GARD.16.5.3
30. The right to confront and cross-examine witnesses is found in the Fifth Amendment.
a.
True
b.
False
Constitutional Rights of Defendants Regarding Witnesses
CEPC.GARD.16.5.4
31. The privilege against self-incrimination gives the defendant a right to testify at his or her trial.
a.
True
b.
False
Constitutional Rights of Defendants Regarding Witnesses
CEPC.GARD.16.5.4
32. Under the Sixth Amendment, a defendant who lies on the witness stand cannot be prosecuted for perjury.
a.
True
b.
False
False
Constitutional Rights of Defendants Regarding Witnesses
CEPC.GARD.16.5.4
33. The right to subpoena witnesses is found in the Sixth Amendment.
a.
True
b.
False
True
Constitutional Rights of Defendants Regarding Witnesses
CEPC.GARD.16.5.5
34. The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions.
a.
True
b.
False
True
Types of Witnesses and Opinion Evidence
CEPC.GARD.16.5.1
35. A police officer can never be an expert witness.
a.
True
b.
False
False
Types of Witnesses and Opinion Evidence
CEPC.GARD.16.5.5
36. The first witnesses to testify in a criminal case are prosecution witnesses.
a.
True
b.
False
True
CEPC.GARD.16.5.1
37. Upon being called, a witness will first be subject to direct examination by the party that called him or her.
a.
True
b.
False
True
CEPC.GARD.16.5.1
38. Defendants who testify at their criminal trial may not be cross-examined by the prosecution.
a.
True
b.
False
False
Direct Examination of Witnesses
CEPC.GARD.16.5.4
39. After direct examination, a witness is subject to cross-examination by the opposing party.
a.
True
b.
False
True
CEPC.GARD.16.5.7
40. If a party does not want a witness to answer a question, that party must object to the question.
a.
True
b.
False
True
CEPC.GARD.16.5.7
Completion
41. Adults are generally _____ to be competent witnesses.
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.1
42. Children and other witnesses whose competence is questioned will usually be subjected to a(n) _____
examination.
CEPC.GARD.16.5.2
43. To be deemed a competent witness, the witness must generally have _____ knowledge of the matters to
which they testify.
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.3
44. Voir dire is a French term that means “to speak the _____.”
Qualifications Necessary to Be a Witness
CEPC.GARD.16.5.3
45. Under the Sixth Amendment, the defendant has a right to ______ and cross-examine witnesses.
CEPC.GARD.16.5.4
46. A subpoena duces _____ commands a witness to appear and bring certain things with them.
47. To be admissible, testimony must be relevant, competent, and _____.
48. In a jury trial, it is the duty of the _____ to assess the credibility of the witnesses and the weight to be given
to the testimony.
49. The conduct or attitude of a witness is referred to as their “_____.”
50. Defendants who testify at their trial waive their _____ against self-incrimination.
51. In _____ v. Arkansas, the U.S. Supreme Court dealt with the admissibility of hypnotically refreshed
testimony.
52. A defendant’s right to testify does not include the right to commit _____.
53. In Commonwealth v. Delbridge, _____ was defined as the implanting false memories or the distortion of real
memories caused by interviewing techniques.
54. In criminal cases, _____ is probably the most effective cross-examination technique
55. The first line of defense an opposing party seeks to use is _______________
Essay
56. What are the three basic requirements for a person to qualify as a competent witness? Be sure to provide
examples.
57. Describe and discuss the Sixth Amendment rights of defendants with regard to witnesses.
58. Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give
their opinions. Be sure to provide examples.
59. Discuss the objections which attorneys may make to both questions and answers directed to witnesses in a
criminal trial.
60. List the three elements that all evidence must be in order to be allowed into a trial.
61. Discuss the purposes of redirect examination.
62. Discuss the functions of impeaching a witnesses’ testimony.
63. List the objections to the form of the questions asked in a trial.