> > Criminal Evidence MCQs > Witnesses MCQs

Witnesses MCQ

_____ is known as an individual may testify against his or her spouse.

spousal competence

No, unless he can also be qualified as an expert in securities

All of these

narrative question

Answer

Correct Answer: spousal competence

Note: This Question is unanswered, help us to find answer for this one

_____ is defined as a document, an object, or any item may be used to enable a witness to recall and to testify about events.

All of these

Constitutional rights

Judicial integrity

present recollection refreshed

Answer

Correct Answer: present recollection refreshed

Note: This Question is unanswered, help us to find answer for this one

_____ is a document may be admitted into evidence presenting facts when a witness cannot fully and accurately recall events.

Yes, because the police set up the interrogation with the informant.

past recollection recorded

No, because he was not confronted with the coercion of police interrogation.

All of these

Answer

Correct Answer: past recollection recorded

Note: This Question is unanswered, help us to find answer for this one

Is oath or affirmation every witness is required to swear an oath to affirm he or she will “testify truthfully.”?

False

True

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

_____ is known as evidence that supports without repeating the testimony of a prior witness.

Religious practices

corroboration

All of these

Knowledge of hurricanes in a hurricane plagued area

Answer

Correct Answer: corroboration

Note: This Question is unanswered, help us to find answer for this one

_____ is defined as an individual is competent to testify as a witness who understands the duty to testify truthfully, possesses personal knowledge, and is able to recollect and to describe events.

None of these

Actual seizure

Reasonable seizure

competency to testify

Answer

Correct Answer: competency to testify

Note: This Question is unanswered, help us to find answer for this one

Samantha is a witness testifying at trial. She cannot accurately remember the facts, and the attorney seeks to use a document as a past recollection recorded to refresh her memory. She did not prepare the document herself. Will its use still be permitted?

Yes, unless it’s a jurisdiction that requires that the witness prepared the document.

Yes, so long as she read the document when fresh in her memory and found the text correct,

Yes, so long as she adopted the document as an accurate record of events.

All of the above

Answer

Correct Answer: All of the above

Note: This Question is unanswered, help us to find answer for this one

Which is not a similarity between present recollection refreshed and past recollection recorded?

Both are read out loud

Both are used when a witness cannot recall details

Both may be introduced into evidence by the adverse party

A and c

Answer

Correct Answer: Both are read out loud

Note: This Question is unanswered, help us to find answer for this one

Which is not a requirement for refreshing a witness’s memory?

The document has been independently authenticate

The witness has incomplete memory of events.

The document is presented into court and to the opposing lawyer.

The document is shown to the witness.

The witness puts the document aside after looking it over and testifies without reading directly from the document.

Answer

Correct Answer: The document has been independently authenticate

Note: This Question is unanswered, help us to find answer for this one

A witness is having difficulty remembering a number of things on the stand during trial. After the lawyer allows her to look over documents to refresh her memory, must the lawyer now introduce those documents into evidence?

Only if the judge deems it necessary

Yes

Only if the opposing party requests its admission

Answer

Correct Answer: Only if the opposing party requests its admission

Note: This Question is unanswered, help us to find answer for this one

A witness who experiences a complete failure of memory is not competent to testify.

True

False

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

Corroboration of testimony is always require

True

False

Answer

Correct Answer: False

Note: This Question is unanswered, help us to find answer for this one

Rehabilitation in the law of evidence is used to describe which of the following?

Restoring a witness’s character for truthfulness through character evidence

Restoring a witness’s credibility through a prior consistent statement

Restoring a witness’s character for sobriety through the admission of rehabilitation documentation

A and c

A and b

Answer

Correct Answer: A and b

Note: This Question is unanswered, help us to find answer for this one

The prosecution may challenge a witness’s testimony that she never used or owned a gun by introducing into evidence a firearm seized lawfully or unlawfully from the witness’s home.

True

False

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

A prior inconsistent statement must be a verbal statement and cannot be a written statement or document.

True

False

Answer

Correct Answer: False

Note: This Question is unanswered, help us to find answer for this one

Several states limit impeachment to criminal convictions because cross-examination on such matters may mislead the jury.

True

False

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

Jack is called to testify at his best friend’s criminal trial. Jack is hesitant to testify because he does not want to be discredited or look bad on the witness stan He has a prior conviction for frau The defense attorney assures him that he will be fine, and his conviction will not be admissible. Is the defense attorney correct?

Yes, crimes of witnesses cannot be used for impeachment.

No, all crimes may be used for impeachment purposes.

No, convictions of any crimes involving dishonesty can be used for impeachment.

No, convictions may only be used if punishable by more than 1 year in prison.

Answer

Correct Answer: No, convictions of any crimes involving dishonesty can be used for impeachment.

Note: This Question is unanswered, help us to find answer for this one

A witness may be impeached through intrinsic evidence only.

True

False

Answer

Correct Answer: False

Note: This Question is unanswered, help us to find answer for this one

Sharod had spent much of his adult life in and out of mental institutions. Currently, he is undergoing outpatient therapy. He is called to testify at trial. Will the judge automatically exclude his testimony on the basis of his mental disability?

No, any individual who is capable of recalling events is competent to be a witness.

No, absent a psychiatric report to the contrary.

Yes, but the presumption may be rebutte

It depends on the age of the witness and the amount of time spent in treatment.

Answer

Correct Answer: No, any individual who is capable of recalling events is competent to be a witness.

Note: This Question is unanswered, help us to find answer for this one

A witness may testify to a course of events despite not having any personal knowledge of what actually happene

True

False

Answer

Correct Answer: False

Note: This Question is unanswered, help us to find answer for this one

An anarchist woman is called to testify in a criminal trial. While she wishes to testify, she does not believe the government has any authority over her, and as such, she refuses to take an oath or affirmation. Must the court waive the oath or affirmation requirement on the ground it violates her beliefs?

Yes, after a showing of good cause

Yes, after corroborating evidence

No, a witness may be prevented from testifying absent an oath or affirmation

No, unless the jury chooses to do so

Answer

Correct Answer: No, a witness may be prevented from testifying absent an oath or affirmation

Note: This Question is unanswered, help us to find answer for this one