LAW 4425 Quiz for Class 1 (Evidence). 1. The primary reference for the definitio
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Question
LAW 4425 Quiz for Class 1 (Evidence).
1. The primary reference for the definition of legal terms is ________________________.
2. There are three (3) basic forms of evidence.
A. Testimonial
B. Real
C. Super Natural
D. Demonstrative
E. A, B, and D.
3. The two (2) basic types of admissible evidence are:
A. Good and Bad.
B. Direct and Circumstantial.
C. Minimal and Maximum.
D. Hearsay and forensic.
4. Questions regarding the admissibility of evidence will be determined by a Judge at trial when and objection is made. The Judge will either:
A. Dismiss or reject evidence.
B. Sustain or overrule an objection.
C. Enter sanctions.
D. Take a recess.
5. Whether a particular piece of evidence is relevant or not depends on what the evidence is offered to prove.
A. True
B. False.
6. Opinions of lay witnesses are always admissible at trial.
A. True.
B. False.
7. What type of evidence is an Exhibit?
A. A document.
B. Both real and demonstrative evidence.
C. Oral testimony.
D. A photo.
8. Demonstrative Evidence is for what purpose?
A. Entertain the jury.
B. Prove the defendant is not truthful.
C. Refers to a tangible item that illustrates some material proposition.
D. Is not admissible.
9. List five (5) types of Exhibits that may be admissible at trial.
1.)________
2._________
3._________
4._________
5._________
10. The “best evidence rule” prohibits a party from orally testifying about the contents of a document without producing the document or proving there is some valid reason it cannot be produced.
A. True
B. False.
11. “Chain of custody” is both a process and a document that memorializes 1.) who has had possession of an object, and 2.) what they have done with it.
A. True
B. False.
12. Under the general rule, hearsay testimony is generally admissible at trial.
A. True
B. False
13. List three (3) exceptions to the hearsay rule.
1.___________________________________
2.___________________________________
3.___________________________________
14. Experts can serve two roles in the trial process, what are these roles?
1.____________________________________
2.____________________________________
15. Why is it important to be cautious with information provided to “testifying expert witness?”
Quiz 2
1. What most weakens an expert’s credibility?
a.
Bringing notes, work papers, or other material to the witness stand.
b.
Appearing pompous or aggressive.
c.
Being unprepared or not being familiar with the facts of the case.
d.
Boring the jury with long, overly detailed answers.
2. During a trial or deposition, an expert witnesses should do all of the following EXCEPT:
a.
listen carefully to the questions to make sure they hear exactly what is being asked.
b.
memorize well-crafted answers to say what they think sounds effective.
c.
before answering, pause to give the attorneys for their side of the case an opportunity to object to the question.
d.
restrict the answer to the question asked.
3. Which of the following is a characteristic of a good interviewer?
a.
One who interrupts respondents
b.
One who is able to get others to open up and share information
c.
One who interviews in a highly formal manner
d.
One who demonstrates a biased opinion
4. What is meant by calibrating?
a.
The use of interpersonal space to convey meaning.
b.
Process of observing behavior before critical questions are asked.
c.
The strongest response to a threatened ego.
d.
Reinforcement of the confessor’s decision.
5. Which of the following is NOT a characteristic of a good interview?
a.
The interview is of sufficient length and depth to get relevant facts
b.
The interview focuses on pertinent information
c.
The interview is conducted as far away from the event as possible
d.
The interviewer avoids unnecessary and extraneous facts
6. Which of the following practices should interviewers avoid?
a.
Taking detailed notes.
b.
Taping the interview with permission.
c.
Maintaining eye contact.
d.
Documenting the results.
7. Which of the following is not a good thing to do during an interview?
a.
Conduct the interview in private
b.
Establish the purpose of the interview
c.
Interview more than one person at once
d.
Get a commitment for assistance
8. Which is NOT a verbal clue that would place suspicion on an interviewee?
a.
Frequent reference to good character
b.
Eagerness to end the interview
c.
Avoidance of emotionally charged terms
d.
Answering with a question
9. Which of the following is the most common inquiry method?
a.
Graphology
b.
Pencil-and-paper tests
c.
Interviewing
d.
Polygraphs
10. Interviewers should demonstrate all but which characteristic during interviews?
a.
Be businesslike
b.
Politeness toward the perpetrator
c.
Courtesy
d.
Admiration of the perpetrator
11. The most effective theme of interviewing is:
a.
That help is being sought.
b.
The motive for committing the fraud.
c.
The fraud and how it evolved.
d.
The suspect's involvement in the fraud.
12. Assessment questions seek to:
a.
gain an admission.
b.
find out specific details related to the fraud.
c.
establish credibility of the respondent.
d.
obtain facts previously unknown.
13. Identify an appropriate accusation in an effective admission-seeking interview.
a.
We have reason to believe that you took company assets without permission. Do you agree?
b.
Our investigation has clearly established that you made a false entry.
c.
We think you may have taken money from a vendor.
d.
We have been conducting an investigation into the kickback fraud, and your responses so far indicate that you lied.
14. Which of the following is NOT a verbal clue that someone may be lying?
a.
Reluctance to terminate the interview
b.
Showing intolerance for shady conduct
c.
Asking for the question to be repeated
d.
Refusal to implicate other suspects
15. Which of the following words should be avoided during the introductory phase of an interview?
a.
Inquiry
b.
Review
c.
Interview
d.
Shortage
16. Use of all of the following methods will help an interviewer deal with difficult people, EXCEPT:
a.
Disarm the interviewee using surprise
b.
Change tactics
c.
Make it hard to say "No"
d.
Don't react
e.
Try to reason
17. Which of the following is an element of a leading question?
a.
It is not easily understood.
b.
It contains the answer in it.
c.
It should not confirm known facts.
d.
It is confusing and suggests an answer opposite to the correct one.
18. Which of the following is an example of an informational question that you should avoid?
a.
“How are you doing this morning?”
b.
"All right, so you started here in June 2003—after working for Caterpillar—to the best of your recollection?"
c.
“Didn’t you suspect that something wasn’t right?”
d.
“What are your duties here?”
e.
“Please tell me about your job.”
19. Each of the following is a clue that an interviewee is dishonest EXCEPT:
a.
Upon repeated accusations, a interviewee’s denials become more vehement.
b.
Interviewee request that the interviewers obtain character testimony from other people.
c.
Interviewee refusing to implicate possible suspects.
d.
interviewee frequently covers his/her mouth with hand or fingers.
20. Which of the following is NOT an important Closing Question?
a.
In conclusion, what do you think should be done?
b.
Do you know anyone else I should talk to?
c.
Is there anything I have forgotten to ask that you believe would be relevant?
d.
If I need to talk to you again, would that be all right?
21. Which of the following is true concerning signed statements?
a.
Allow the confessor to draft the statement.
b.
The statement's wording should be general.
c.
Declarants should read and sign the statement without undue delay.
d.
Two people are legally required to witness the signing of the statement.
22. A person will generally confess when
a.
There is doubt in the mind of the accuser as to his or her guilt
b.
They perceive the benefits of confession outweigh the penalties,
c.
The accuser has reasonable suspicion or predication to believe the accused has committed an offense.
d.
The accuser conveys that the accused is a "bad person."
23. Guilty people almost never confess when it is conveyed that they are what type of person?
a.
Bad
b.
Considerate
c.
Good
d.
Friendly
24. The most common of all techniques used to investigate and resolve fraud is:
a.
Interviewing
b.
Auditing
c.
Arbitration
d.
Invigilation
25. What is one of the most important personality traits of being an effective interviewer?
a.
Introversion
b.
Strict
c.
Outgoing
d.
Formal
a.
Bringing notes, work papers, or other material to the witness stand.
b.
Appearing pompous or aggressive.
c.
Being unprepared or not being familiar with the facts of the case.
d.
Boring the jury with long, overly detailed answers.
Explanation / Answer
Solution:
1) Please provide options
2) The correct option is E. A, B and D
Three basic forms of evidence is Testimonial, Real and Demonstrative.
3) the correct option is B. Direct and Circumstantial
4) the correct option is A. Dismiss or reject evidence.
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