1. _____ is known as an individual may testify against his or her spouse.
Answer
Correct Answer:
spousal competence
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2. _____ is defined as a document, an object, or any item may be used to enable a witness to recall and to testify about events.
Answer
Correct Answer:
present recollection refreshed
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3. _____ is a document may be admitted into evidence presenting facts when a witness cannot fully and accurately recall events.
Answer
Correct Answer:
past recollection recorded
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4. Is oath or affirmation every witness is required to swear an oath to affirm he or she will “testify truthfully.”?
Answer
Correct Answer:
True
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5. _____ is known as evidence that supports without repeating the testimony of a prior witness.
Answer
Correct Answer:
corroboration
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6. _____ 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.
Answer
Correct Answer:
competency to testify
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7. 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?
Answer
Correct Answer:
All of the above
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8. Which is not a similarity between present recollection refreshed and past recollection recorded?
Answer
Correct Answer:
Both are read out loud
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9. Which is not a requirement for refreshing a witness’s memory?
Answer
Correct Answer:
The document has been independently authenticate
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10. 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?
Answer
Correct Answer:
Only if the opposing party requests its admission
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11. A witness who experiences a complete failure of memory is not competent to testify.
Answer
Correct Answer:
True
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12. Corroboration of testimony is always require
Answer
Correct Answer:
False
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13. Rehabilitation in the law of evidence is used to describe which of the following?
Answer
Correct Answer:
A and b
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14. 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.
Answer
Correct Answer:
True
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15. A prior inconsistent statement must be a verbal statement and cannot be a written statement or document.
Answer
Correct Answer:
False
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16. Several states limit impeachment to criminal convictions because cross-examination on such matters may mislead the jury.
Answer
Correct Answer:
True
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17. 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?
Answer
Correct Answer:
No, convictions of any crimes involving dishonesty can be used for impeachment.
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18. A witness may be impeached through intrinsic evidence only.
Answer
Correct Answer:
False
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19. 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?
Answer
Correct Answer:
No, any individual who is capable of recalling events is competent to be a witness.
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20. A witness may testify to a course of events despite not having any personal knowledge of what actually happene
Answer
Correct Answer:
False
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21. 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?
Answer
Correct Answer:
No, a witness may be prevented from testifying absent an oath or affirmation
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