Reference no: EM133808811

Criminal Evidence and Procedure-

Question 1 - The concept of federalism means that government power is shared between

the legislative, executive, and judicial branches.
state and federal governments.
the federal government and the United Nations.
state and local governments.

Question 2 - In 1975, Congress enacted the ____________, which had great influence on state rules of evidence.

National Standards of Evidence
Federal Code of Criminal Evidence
National Rules of Evidence
Federal Rules of Evidence

Question 3 - Most crimes committed in the U.S. are

state crimes.
federal crimes.
both state and federal crimes.
both federal and international crimes.

Question 4 - In our adversary system of justice, the defense and prosecution

cooperate to see that justice is done.
readily share evidence and information.
present their best case and challenge the opponent's case.
rarely challenge the admissibility of the opponent's evidence.

Question 5 - Competent evidence is reliable, relevant evidence that

is not excluded by additional rules of evidence.
is subject to the exclusionary rule.
cannot be heard by the jury.
is offered to impeach a witness.

Question 6 - In the American ____________ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence.

fact finding
accusatorial
inquisitorial
peremptory

Question 7 - Under the ____________ rule, the prosecution must disclose exculpatory evidence to the defense.

DeAngelis
Powell
Curtain
Brady

Question 8 - If the prosecution destroys evidence important to the defense, this violates a defendant's rights only if the prosecution acted

in bad faith.
negligently.
with carelessness.
in violation of a court order.

Question 9 - The Constitution allows, and certain states require, that defendants

reveal incriminating evidence.
answer questions posed by the police.
give notice that they intend to use an alibi or insanity defense.
waive their privilege against self-incrimination.

Question 10 - The United States, as compared to other industrial democracies,

makes more use of the exclusionary rule.
gives prosecutors less discretion.
has shorter trials.
relies less on plea bargaining.

Question 11 - Reliable evidence is defined as evidence that is likely to be

true or accurate.
prejudicial to one side or the other.
subject to the exclusionary rule.
exculpatory.

Question 12 - Evidence is not relevant (irrelevant) if it is

not related to any fact or issue in the case.
subject to a privilege.
recognized by judicial notice.
exculpatory.

Question 13 - If reliable, relevant evidence is otherwise excludable (e.g. it is privileged or was obtained in violation of the Constitution), such evidence is said to be

precluded.
incompetent.
inconsequential.
indefatigable.

Question 14 - To validly enact federal statutes, Congress must be acting within

powers granted by the Constitution.
authority granted by the United Nations.
the scope of consent granted by the States.
the bounds of international law.

Question 15 - The states and federal government

all use the same rules of evidence.
all have created the same crimes.
use the same court system.
have established 51 different legal systems.

Question 16 - The Tenth Amendment to the U.S. Constitution states that powers not delegated to the United States are:

reserved to the States or the people.
automatically delegated to the federal government.
under joint jurisdiction by federal and state governments.
ruled by common law.

Question 17 - The keystone of American federalism is the ________________.

U.S. Constitution
Bill of Rights
Magna Carta
separation of church and state

Question 18 - The Federal Rules of Evidence and most state rules of evidence apply in ___________ trials.

criminal
both civil and criminal
civil
administrative

Question 19 - At the federal level are the federal law enforcement agencies created by ________to enforce specific federal laws.

the President
the Legislature
the Senate
Congress

Question 20 - The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney.

investigator
victim
jury
defendant

Question 21 - The United States was the first country in the world to utilize a federal form of government.

True
False

Question 22 - The U.S. Constitution is the supreme law of the land.

True
False

Question 23 - The U.S. Constitution provides that state judges are not bound by the U.S. Constitution, but by their state constitution.

True
False

Question 24 - The Federal Rules of Evidence must be followed in all state trials.

True
False

Question 25 - The American system of justice is basically an adversary system.

True
False

Question 26 - In the adversary system, each side seeks to present evidence that is most favorable to its position.

True

False

Question 27 - Nonrelevant evidence is generally admissible.

True
False