BCG380 Week 2 Assessment Quiz

Question 3

1. Prima facie evidence is defined as evidence that, standing alone, unexplained or uncontradicted, is sufficient to establish a given fact or group of facts constituting a party's claim or defense. Which example listed below is NOT an example of prima facie evidence?

Answer

[removed]		Surveillance video showing a masked person holding a gun to a bank teller's head while the teller places money into a bag is prima facie evidence that a robbery has been committed.
[removed]		A motorist is clocked going 30 mph above the speed limit by a police officer using radar. The police officer's testimony in court is prima facie evidence that a speeding violation has occurred.
[removed]		A person with a bullet hole to the head found in a car holding a gun is prima facie evidence that a murder has been committed.
[removed]		If the operator of a vehicle exceeds the posted speed limit, the excess speed is prima facie evidence of a traffic violation.

4 points

Question 4

A person must possess three basic characteristics in order to be a witness. Which of the following is NOT one of those characteristics?

Answer

[removed]		The ability to perceive
[removed]		The ability to read and write
[removed]		The ability to remember
[removed]		The ability to narrate in an understandable manner

4 points

Question 5

If the evidence tends to make the existence of a fact of consequence more probable or less probable than it would be without the evidence, the evidence is said to be __________.

Answer

[removed]		balanced
[removed]		fair
[removed]		remote
[removed]		relevant

4 points

Question 6

Judicial notice of undisputed facts falls into two categories. One category is facts that are not generally known but can be verified by resorting to sources whose accuracy cannot be reasonably questioned. Which of the following is NOT an example of this category of judicial notice?

Answer

[removed]		The capital of Germany
[removed]		Water is wet
[removed]		The speed of light
[removed]		The telephone number for the mayor's office

4 points

Question 7

The terms competent and incompetent are used to describe whether certain evidence is admissible or not. Which example of evidence listed below would a judge rule to be incompetent?

Answer

[removed]		The arresting officer's notes
[removed]		A murder weapon seized from a defendant's home before a search warrant was issued
[removed]		Video from a surveillance camera
[removed]		Testimony from the victim of the crime

4 points

Question 8

Which amendment of the United States Constitution requires a witness to appear personally to face the defendant?

Answer

[removed]		Fourth Amendment
[removed]		Fifth Amendment
[removed]		Fifth and Fourteenth Amendments
[removed]		Sixth Amendment

4 points

Question 9

Under the FRE, which of the following is generally NOT a requirement for a person to be able to testify?

Answer

[removed]		That the individual have personal knowledge of facts pertinent to the case
[removed]		That the individual have the ability to understand the obligation to tell the truth
[removed]		That the individual willingly take an oath (or affirm) that he or she will tell the truth
[removed]		That the individual possess mental qualifications in order to testify as a witness

4 points

Question 10

A(n) __________ allows the jury to conclude that one fact exists because another fact exists. An example of this concept is that you can conclude that a letter that was properly stamped and addressed was delivered because it was placed in the mail box.

Answer

[removed]		inference
[removed]		reasonable doubt
[removed]		relevant testimony
[removed]		presumption

4 points

Question 11

A holder of a privilege may waive the privilege by all of the following EXCEPT:

Answer

[removed]		by disclosing a significant part of the communications.
[removed]		by consenting to disclosure of the communications by someone else.
[removed]		where two or more persons hold a privilege and one of the persons waives the privilege.
[removed]		by failing to claim a privilege when a holder is able to do so.

4 points

Question 12

Judicial notice of undisputed facts falls into two categories. One category is facts that are generally known within the jurisdiction of the trial court-that is they have been established through common knowledge. Which of the following is NOT an example of this category of judicial notice?

Answer

[removed]		There are more people who speak English in China than in the United States.
[removed]		A house plant may die if it is not watered or if it is given too much water.
[removed]		Roads are slick when it rains and cause numerous motor vehicle accidents.
[removed]		Birds have feathers, which enable them to fly, glide, and hover in the air.

12 years ago

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