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
Which of the following is not a “closely regulated industry” for Fourth Amendment
purposes?
a. liquor
b. coal mines
c. pharmacies
d. shoe repair shops
In 1993, in Daubert v. ____________, the U.S. Supreme Court rejected the
Frye test for federal courts.
a. Dow Chemical Co.
b. Merrill Dow Pharmaceuticals
c. Phillip Morris, Inc.
d. Siemens, Inc.
_______businesses may conduct drug testing of employees without fear of Fourth
Amendment rights
a. Private
b. Public
c. Security
d. Incorporated
The U.S. Supreme Court has specifically held that public school boards may require
random drug testing of
a. all students.
b. student athletes and those involved in extracurricular activities.
c. students who are arrested for drug offenses.
d. students who are members of gangs.
Experts agree that certain specific variables contribute greatly to
eyewitness_____________.
a. accountability
b. satisfaction
c. misidentification
d. profiling
Prosecutors generally have a privilege not to reveal the
a. exculpatory evidence in their possession.
b. agency by which they are employed.
c. identity of confidential informants.
d. fact that they were working undercover.
Knock-and talk sessions can become “________”, if the questioning changes from
consensual to interrogation, and may result in constitutional violations.
a. voluntary
b. derogatory
c. custodial
d. situational
Under the Fourth Amendment, a person has been seized when a ____________ person
under the circumstances would conclude that they are not free to leave.
a. objectively reasonable
b. reasonable
c. mentally competent
d. sagacious
For many years prior to 1993, federal courts utilized the ____________ test for the
admissibility of scientific evidence.
a. Ginsburg
b. Alito
c. Connor
d. Frye
Generally, anything that conveys a message is a___________.
a. conveyance
b. document.
c. transmission
d. declaration
The federal exclusionary rule
a. applies only in civil cases.
b. applies only in criminal cases.
c. applies in criminal cases and civil penalties for tax fraud.
d. applies in civil and criminal cases.
The practice of obtaining criminal convictions based on hearsay was especially
prevalent between 1558 and 1625, when English courts utilized the infamous
____________ trials.
a. Black Death
b. Inquisition
c. Machiavellian
d. Star Chamber
Statements made to a physician for the purpose of diagnosis or treatment
a. may be both privileged and an exception to the hearsay rule.
b. are an exception to the hearsay rule only if part of an excited utterance.
c. are an exception only if offered in the form of medical records.
d. are not an exception in any jurisdiction.
The exclusionary rule would not apply in a case of an unlawful search and seizure
conducted by a private citizen acting totally on their own because
a. the Fourth Amendment does not apply to private conduct.
b. the exclusionary rule contains a specific exception for private conduct.
c. a private citizen cannot act illegally in searching and seizing another person’s
property.
d. the private citizen does not have standing.
In most states and under the Federal Rules of Evidence, for most exceptions to the
hearsay rule,
a. unavailability of the declarant is not required.
b. unavailability of the declarant is required.
c. availability of the declarant is required.
d. the unavailability of the declarant does not need be explained by counsel.
Which of the following is a firmly rooted hearsay exception in the law of evidence?
a. excited utterance
b. statement of an accomplice
c. personal diaries
d. statements made while mentally incompetent
Evidence obtained as a result of the administrative _________is admissible if
performed within the guidelines established by law.
a. function
b. mandates
c. routine
d. omission
The general rule that only the original of a document (and not a copy) is admissible is
called the ____________ rule.
a. best evidence
b. parol evidence
c. con compos mentos
d. res ipsa loquitur
In Illinois v. _____________ (2004), the Court upheld a roadblock to gather
information about a hit-and-run accident in that area.225)
A criminal defendant’s right to confront and cross-examine witnesses is found in the
__________ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Seventh
At a minimum, an arrest requires
a. suspicion.
b. reasonable suspicion.
c. probable cause.
d. clear and convincing evidence.
In cases involving automatic, mandatory drug testing for candidates for public office,
and where criminal prosecution was possible, the U.S. Supreme Court held that the
laws were
a. unconstitutional under the Fourth Amendment.
b. constitutional only if there was reasonable suspicion.
c. unconstitutional under the Sixth Amendment.
d. unconstitutional as they violated the privilege against self-incrimination.
Rule ___ has already resulted in changes in how scientific evidence is received.
a. 702
b. 609
c. 100
d. 169
An ______________ is a statement relating to a startling event or condition made while
the declarant was under the stress of excitement caused by the event or condition.
a. excited utterance
b. statements to physicians
c. dying declaration
d. confession
An officer who is acting _________________ cannot rely on the good faith exception.
a. in their official capacity
b. to solve or prevent crime
c. in an objectively unreasonable fashion
d. who subjectively has doubts about his or her actions
To be deemed a competent witness, the witness must have the capacity to
a. speak the English language.
b. observe, remember, narrate, and understand the obligation to be truthful.
c. be a citizen of the United States.
d. be capable of reading and writing in any language.
Composite sketches developed by police are used for identification by
a. victims.
b. witnesses.
c. perpetrators
d. both victims and witnesses.
The FBI’s national DNA database system is known as
a. FICA.
b. RFLP.
c. CODIS.
d. NDNADB.
___________searches are therefore not searches for incriminating evidence.
a. Consent
b. Inventory
c. Custodial
d. Private
As fact finders, the jury determines whether sufficient ___________exists to justify a
verdict of guilty.
a. evidence
b. convincing
c. bias
d. objectivity
In the year _____ the Supreme Court in Carroll v. U.S. first recognized the automobile
exception to the warrant clause.
Motive is generally an element of most crimes.
Means, opportunity, and _____________ are frequently used as circumstantial evidence
of guilt.
The broadcast portion of cell phone conversations is not covered by federal law.
In the case In Re _____________, the U.S. Supreme Court held that due process
required proof of guilt beyond a reasonable doubt.
The Fourth Amendment applies to private persons acting without any government
involvement.
The ____________ clause of the Constitution requires that guilt be proven beyond a
reasonable doubt.
In Brendlin v. CA, the Supreme Court held that the passenger was ________ by the
traffic stop.
Discuss, define, compare, and contrast the law on the permissibility of ordinary and
expert witnesses to give their opinions. Be sure to provide examples.
The purpose of judicial notice is to protect the privilege against self-incrimination.
_____________ were designed to protect victims at sexual assault trials.
The Miranda rule is based on the Fifth and Sixth Amendments.
Why is the attorney-client privilege essential to the proper functioning of our judicial
process?
In Maryland v. _____________, the U.S. Supreme Court excused an honest mistake by
officers while executing a search warrant.
The field of _______________ involves the study of blood.