Under the Federal Rules of Evidence and in a number of jurisdictions, which of the
following is specifically defined as not being hearsay, even though it may appear to be
hearsay?
a. admission by a party opponent
b. unsworn statements made before a judge
c. statements by the victim of a crime
d. statements by the judge at a prior trial
About _________ of the states have statutes defining the clergy-penitent privilege, with
a few other states recognizing the privilege by court decisions.
a. one-third
b. fifty percent
c. two-thirds
d. one-half
Federal statutes give federal employees a privilege not to reveal
a. their employment.
b. communications from foreign governments.
c. communications between embassy employees.
d. military or diplomatic secrets vital to national security.
In general, a person’s computer has the least Fourth Amendment protection
a. if it is a government owned computer in a government workplace.
b. if the computer is used for commercial purposes. (if the computer is in a home and in
plain view)
c. if the computer is portable.
d. if the computer is used in a movable vehicle.
Which of the following warnings is not required by Miranda?
a. right to remain silent
b. right to an attorney
c. statements may be used against suspect
d. suspect has a right to terminate interrogation at any time
The Massiah rule is designed to protect the defendant’s
a. Miranda right to an attorney.
b. Sixth Amendment right to an attorney.
c. Miranda right to remain silent.
d. Sixth Amendment right to confront witnesses.
The automobile exception to the warrant requirement requires, at a minimum,
a. reasonable suspicion.
b. probable cause.
c. a valid checkpoint.
d. clear and convincing evidence.
Circumstantial evidence is evidence that proves a fact in issue
a. indirectly or by inference.
b. directly by eyewitness testimony.
c. only by the use of presumptions.
d. by contradicting other evidence.
All arrest and search warrants require, at a minimum,
a. reasonable suspicion.
b. probable cause.
c. clear and convincing evidence.
d. proof beyond a reasonable doubt.
Most investigative detentions are supported by reasonable________, and occur over a
reasonable short period of time.
a. inference
b. experience
c. intuition
d. suspicion
An ________ exists if law officers have no time to obtain a search warrant and have
probable cause to believe that evidence will be destroyed or moved to an unknown
place.
a. quandry
b. probable cause
c. emergency
d. exigency
The trial judge determines the _____________ of a witness.
a. recross
b. competence
c. redirect
d. didactic
The use of hearsay potentially involves a violation of the defendant’s right to
a. a jury trial.
b. the privilege against self-incrimination.
c. notice of the charges.
d. confront and cross-examine adverse witnesses.
Regularly kept business records, public records, records of religious organizations, and
family records are admissible under certain federal rules, known as the
a. regularly kept records exception.
b. notarized document exception.
c. public data exception.
d. confidential data exception.
__________is where a person’s life or safety is endangered: where there is concern for
an elderly person or some other person, or where a shooting, fire, or explosion has
occurred.
a. Precautionary
b. Cautionary
c. Immediacy
d. Exigency
Defendants who decide to testify at their trial
a. may not be cross-examined because they have a privilege against self-incrimination.
b. may not be prosecuted for perjury even if they lie.
c. may be cross-examined.
d. do not have to take an oath to tell the truth.
Which of the following is not an exception to the exclusionary or derivative evidence
rules?
a. exigent circumstances
b. inevitable discovery
c. independent source
d. attenuation of the taint
Officers who have lawfully entered a residence may conduct a “_________” of the
residence if they reasonably believe that a person posing a threat to the police is on the
premises.
a. inclusive search
b. minimal search
c. protective sweep
d. basic inventory
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
The burden of proof states the level of proof a part must meet to
a. defeat affirmative defenses.
b. ultimately win the case.
c. avoid a directed verdict against them.
d. get the case to the jury.
Depending on the location of the evidence or the circumstances under which it is
obtained, limitations apply to the _________of physical evidence obtained by the
police.
a. reasonableness
b. admissibility
c. quantity
d. composition
Exceptions to the hearsay rule mandate that the hearsay offered have some
a. relation to the unavailability or availability of the declarant.
b. indicia of reliability.
c. means of being corroborated.
d. relation to the burden of proof.
Supreme Court Justice Holmes wrote that a defendant is privileged from producing
incriminating evidence, but not privileged from its
a. production.
b. warrantless seizure.
c. theft.
d. transposition.
To have standing to contest a police search (and a Fourth Amendment complaint), the
person must have had a/n ____________ in the place or things searched.
a. ownership interest
b. subjectively reasonable expectation of sequestration
c. reasonable expectation of privacy
d. experience of monetary damages
The U.S. Supreme Court set a much ______standard for obtaining a fire, health, or
housing inspection search warrant
a. higher
b. identical
c. lower
d. objective
It has been held that courts should not take _______________of facts that are an
element of the crime charged or serve as the basis for increased prison sentences.
a. judicial notice
b. presumption
c. bias opinion
d. omission
The government cannot force a suspect to produce a document that ________the
suspect.
a. vindicates
b. incriminates
c. frames
d. excuses
Most wiretapping and electronic eavesdropping federal statutes allow such interceptions
without a court order if
a. one party to the conversation consents to the interception.
b. the president or governor approves the interception.
c. family violence is involved.
d. no incriminating evidence is obtained.
Property left in a motel room or storage locker after the rental agreement has expired
a. automatically become property of the police.
b. are deemed abandoned only after the owner of the items is given notice.
c. may be deemed abandoned.
d. become the property of the motel or locker owner.
_________ is ordinarily defined as the means of establishing and proving the truth
or untruth of any fact that is alleged.
a. evidence.
b. proof
c. presumption
d. Diligence
Videotapes that are made when no person is present making the tape (e.g. security
camera that is not contemporaneously monitored) can be admitted through use of the
_____________ witness method.
a. silent
b. absent
c. remote
d. conspicuous
Direct evidence is evidence that proves a fact
a. without the need of inferences or presumptions.
b. by the drawing of inferences.
c. by the use of inductive or deductive reasoning.
d. by judicial notice.
A search conducted pursuant to an invalid search ____________ may be subject to the
exclusionary rule.
Under the Sixth Amendment, a defendant who lies on the witness stand cannot be
prosecuted for perjury.
The sexual assault counselor’s privilege is designed to protect those charged with sexual
assault.
Discuss facts of holding of the U.S. Supreme Court’s decision in Mincey v. Arizona. Do
you agree or disagree with the Court’s decision? Explain your position.
The ___________ has a privilege for confidential communications with top advisors.
Should government information be “leaked” to the press? Why or why not? Do you
agree that most of the business of government involves issues of security, making
outside inspection a high risk? Defend your answer.
What are the rules for lineups as identification as defined by the National Council of
Judges?
Many states recognize a clergy”____________ privilege.
Court orders for wiretapping and electronic eavesdropping are generally not required if
one party to the conversation consents.
What is the “fruit of the poisonous tree” doctrine? Why do you think it is necessary to
have such a rule?
In the Federal Rules of Evidence, one form of statement that is specifically excluded
from the definition of hearsay is termed the _____________ rule.
A search warrant must be issued by a neutral and detached judge or magistrate.
Forensic _________________ uses evidence about insects to help solve cases.
What are the four factors the U.S. Supreme Court listed in U.S. v. Dunn to help
distinguish open fields from the curtilage? Give examples of each. What difference does
it make whether property is open fields of curtilage?
Individuals have no expectation of privacy for original checks and deposit slips.
In Mapp v. Ohio, the U.S. Supreme Court made the federal exclusionary rule binding on
the states.