15. In considering the competency of witnesses the following must be shown? a.do
ID: 1204426 • Letter: 1
Question
15. In considering the competency of witnesses the following must be shown?
a.documentary evidence is not subject to the restrictive rules respecting relevancy, materiality, and competency as is oral testimony, because it is unchanging evidence once it has been reduced to a writing.
b. All witnesses are deemed to be competent except for children and criminals.
c. The ability to take an oath, have original perception, recall events, and be able to communicate.
d.That the testimony given will be relevant and material.
16. Because telephone conversation evidence must be authenticated as belonging to a particular person before it can be considered competent to be introduced in court, in order to authenticate a voice as belonging to a particular person it is necessary that an authorized wiretap order be obtained. T OR F?
17. Where an issue has been raised concerning the competency of a witness to testify the jury will determine whether the witness has an ability to communicate. T OR F?
18. In determining the competency of a child to testify, several requirements should be met. Some of the requirements are that he or she must possess the capacity to observe events and be at least 10 years of age. T OR F?
19. Gideon’s Army refers to?
A. IRS agents enforcing the tax code
B. Federal agents enforcing the exclusionary rule
C. Public Defenders in an HBO documentary
D. Prosecutors in an HBO documentary
20. The proof that provides the greatest certainty of the fact to be proven; the most reliable evidence is a statement of ?
a.The Best Evidence Rule
b.The Frye Test
c.The Daubert Test
d.The Southwest Philly Floater
21. Michael Phelps is an Olympic Gold medal winner exonerated in the theft of fellow Olympian Ryan Lochte's Gold medal when photographic evidence was admitted that showed he actually won the medal originally awarded to Lochte in the first place. T or F?
22. Evidence uncovered by a drug-sniffing dog is never admissible as competent evidence unless the evidence uncovered is drugs. T OR F?
23. The individual originally suspected as responsible for Spain’s 9/11 was?
a. convicted with the help of fingerprint evidence
b. was an American citizen whose own expert analyzing the fingerprint evidence concluded it was his fingerprint.
c. There is no 9/11 in Spain
d. No individual has ever been connected to Spain’s 9/11.
24. Hearsay is ?
a. without exception never admitted in court.
b. an out of court statement offered for its truthfulness or veracity that will be admitted if it meets the exception of the best evidence rule.
c. an out of court statement offered for its truthfulness or veracity that will be admitted if it meets several exceptions such as an excited utterance or dying declaration.
d. non-existent in these high tech times.
25. The biggest concern regarding hearsay testimony is ?
a. the best evidence rule being invoked as an objection.
b. its competency or reliability because we will not have the opportunity to cross-examine the testifier who is also not under oath.
c. ensuring its relevance and materiality.
d. determining the jury instructions regarding it.
26. When it comes to expert testimony?
a.As long as the expert has advanced degrees his or her testimony will be admissible at trial.
b.Their qualifications can be stipulated to by both parties.
c.It needs to be both relevant and material to be admissible.
d. b and c.
27. The Boston Marathon Bombing suspect Zhokar Zharnaev was found not guilty and avoided the death penalty being imposed in his case because it is in the state of Massachusetts. True or False.
28. The correct Question for the Answer Dying Declaration is?
a. An out of court statement offered for its truthfulness or veracity that is contained and certified on a government document on a death certificate so therefore is inadmissible as a hearsay exception.
b. is inadmissible as Hearsay under the Federal Rules but not in California
c. is an exception to the hearsay rule and is admissible and is part of the Federal Rules of Evidence.
d. an exception to the hearsay rule in which in all jurisdictions the declarant must be dead.
29. Who is Walter Fernandez?
a.The criminal defense attorney in "Gideon's Army."
b.The Bronx County Court Administrator.
c. The federal public defender representing Zhokar Zharnaev.
d. the petitioner in Fernandez v. California
30. Does the Fourth Amendment prohibit warrantless searches at the entrance to a movie theater when sufficient warning signs are posted that all entrants are subject to searches? True or False?
Explanation / Answer
16. True
17. True
18. False: It depends upon the intelligence and the capacity to remember the event whether it is right or wrong. There is no clear age bar of a child to be a witness.
19. Option C
21. False: Ryan Lochte was the one who actaully win the olmypic medal
Related Questions
drjack9650@gmail.com
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.