Reference no: EM13146169

Question 1 of 37

Under the Hebrew legal system, the law was tied closely with religion, but under the early Chinese system that existed until the twentieth century:

A. the civil law system was entirely different than the criminal law approach.

B. the decision of guilt or innocence was made by a 30-person court of judges.

C. there was little difference between civil law and criminal law.

D. the accused was entitled to have an attorney represent him or her in a criminal case.

Question 2 of 37

Since July 1973, the Federal Rules of Evidence have guided the federal courts in evidentiary matters. These rules have:

A.had very little influence on the states in drafting state evidence rules.

B.played a significant part in the preparation and adoption of states' rules of evidence.

C. had some influence on state rules but less than 10 states have adopted rules of evidence patterned after the federal rules.

D. been adopted as written by all 50 states.

Question 3 of 37

Generally, the laws of evidence that prevail in the state apply if the state has jurisdiction over the parties and cause of action. In establishing state rules of evidence:

A. these rules must comply with the constitutional standards as determined by the United States Supreme Court.

B. the state legislature may make less restrictive rules notwithstanding constitutional standards established by the Supreme Court.

C. the state legislature has the same authority to establish rules of evidence as does Congress.

D. state legislatures may disregard any federal Congressional rules relating to the admissibility of evidence in state courts.

Question 4 of 37

A suspect may waive his or her Fourth Amendment rights and consent to a search. If a search is made under this authority:

A. the person who waives his or her rights cannot revoke the waiver once the search is started.

B.if a waiver is made to search one part of the house, then the other parts may be searched without an additional waiver.

C. the prosecution must show that the consent was voluntary and the person who gave the consent had the capacity to consent.

D. the person who gives the consent cannot place any restrictions on the scope of the search.

Question 5 of 37

"The means of proof which tends to show the existence of a fact in question, without the intervention of the proof of any other fact." This is a definition of:

A.circumstantial evidence.

B. testimony.

C. direct evidence.

D. indirect evidence.

Question 6 of 37

Prima facie evidence is defined as:

A. the effect of evidence.

B.evidence that suffices for proof of a particular fact until contradicted and overcome by other evidence.

C. supplemental to that already given, and tending to strengthen or confirm it.

D.evidence that comes to the court through witnesses speaking under oath or affirmation.

Question 7 of 37

In some instances the court will exclude photographs, such as a photograph of the mutilated body of a crime victim. The reason for excluding such evidence in certain cases is:

A. a relationship that is of social importance must be protected.

B.the evidence is considered to be in violation of the Fifth Amendment to the Constitution.

C. it could unduly prejudice the accused.

D. it is considered unreliable evidence.

Question 8 of 37

One difference between a criminal case and a civil case is that in a:

A.civil case there is a presumption in favor of the plaintiff.

B. criminal case the burden of proof is on the defendant.

C.criminal case the accused must be proved guilty by a preponderance of the evidence.

D. criminal case a presumption in favor of the defendant accompanies him from the time of apprehension to the moment of conviction.

Question 9 of 37

As a general rule, in a criminal case:

A. the accused must be found guilty by all members of the jury.

B. a unanimous decision is not required.

C. the degree of proof need not be as strong as would be required in a civil case.

D. a money judgment is granted to the injured party.

Question 10 of 37

 

 

 

In most instances, the person who is responsible for discovering, evaluating, protecting, and analyzing evidence is the:

 

A. police or investigating officer.

B. prosecutor.

C. judge.

D. defense attorney.

Question 11 of 37

 

 

 

The point in the pretrial process at which the defendant personally appears before the judge for the first time to enter a plea is the:

 

A. grand jury hearing.

B. trial of the case.

C. indictment or information stage.

D. arraignment.

Question 12 of 37

 

 

 

In a criminal case, the prosecution:

 

A.must prove the defendant guilty by a preponderance of the evidence.

B. need not prove each element of the crime but only the general guilt of the accused.

C. must prove the guilt of the accused by clear and convincing evidence.

D. must compile enough evidence to convince the jury or the judge that the accused is guilty beyond a reasonable doubt.

Question 13 of 37

 

 

The term burden of proof in a criminal case means:

 

A. the duty of establishing the truth of a given proposition or issue.

B. the party has a requirement to introduce more witnesses than the other party.

C.the evidence must be relevant, material, and competent.

D. the burden to prove that the defendant is not guilty rests with the prosecution until it shifts to the defense.

Question 14 of 37

 

 

In some civil cases, the degree of proof must be such as will produce in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established. This degree is known as:

 

A.clear and convincing evidence.

B. a preponderance of the evidence.

C. beyond a reasonable doubt.

D. clear and unequivocal.

Question 15 of 37

 

 

 

In some instances, the burden of proving affirmative defenses is placed on the defendant. In this situation, the degree of proof usually is:

 

A. beyond a reasonable doubt.

B. by clear and convincing evidence.

C. by a preponderance of the evidence.

D. by evidence that is uncontradicted.

Question 16 of 37

 

 

If "specific intent" is an element of a crime:

 

A. instructions that shift the burden to the defense to produce evidence demonstrating lack of intent are improper.

B.the burden can be shifted to the defense to disprove that element.

C. an instruction that the person intends the natural and probable consequences of an act knowingly done or knowingly omitted is generally considered proper.

D.a defendant has the responsibility of proving lack of intent.

Question 17 of 37

 

 

If the defendant in a criminal case relies upon the affirmative defense that his or her acts come within one of the exceptions in the statute creating the offense:

 

A. it is incumbent upon the prosecution to show that the exception does not apply to the defendant.

B. it is incumbent upon the defendant to show that he or she is within the exception.

C. the burden of proving "not guilty" is then on the defendant.

D. the burden is on the prosecution to show guilt, but then only by a preponderance of the evidence.

 

Question 18 of 37

 

In a criminal case tried before a jury, the jury is charged with determining guilt or innocence. In making this decision, the jury:

 

A. may consider only facts presented in the form of direct evidence.

B.may consider facts presented in the form of direct evidence but also may consider information coming to them from other sources, such as information judicially noticed by the judge.

C. must make the decision only from judicially noticed information, legal presumptions, and judicially approved inferences.

D. may not consider circumstantial evidence.

Question 19 of 37

 

Procedures have been developed for the order of presenting evidence at trial. Usually, the:

 

A. defendant's evidence in chief is presented first.

B.prosecution's evidence in rebuttal is presented first.

C. defendant's evidence in chief is presented after the state has presented its evidence in chief.

D.defendant's evidence in rejoinder follows the defendant's evidence in chief.

Question 20 of 37

 

 

When the prosecutor has introduced what he or she considers is sufficient evidence to make a case against the defendant, he or she signifies the completion of his or her case in chief by announcing:

 

A."the prosecution rests."

B."the defense rests."

C. "the prosecution requests that the case be dismissed."

D. "the case is ready to be presented to the jury."

Question 21 of 37

 

 

If a witness on the stand is asked a question, the opposing party may challenge the question before an answer is elicited. In such a situation:

 

A. the first thing the opposing party does is take exception to the judge's ruling.

B. the judge cannot ask the objector to state specific grounds for his or her request that the answers be excluded.

C. the judge makes a decision that cannot be challenged either at the trial or after the trial.

D. the usual procedure is for the opposing party to "object" and the judge to make a decision concerning the admissibility of the evidence.

Question 22 of 37

 

 

The judge in a criminal case:

 

A. may not give the jury guidance by statement of the relevant legal criteria.

B. is required to be inert and make no comments to the jury.

C. has little discretion in determining whether evidence is admissible.

D. must avoid any demonstrated hostility that might impair the appearance of impartiality.

.

 

Question 23 of 37

 

 

In criminal cases tried with a judge and jury, the judge:

 

A. has no power to control cross-examination by counsel.

B.makes the determination concerning the admissibility of evidence claimed to have been obtained in violation of the Constitution.

C.after hearing all of the testimony, makes the decision concerning guilt or innocence.

D. usually tells the prosecutor and defense attorney the best way for them to present their cases.

Question 24 of 37

 

 

 

In a criminal case, the jury:

 

A.determines the facts and applies the law to the facts.

B. may consider information obtained from stories presented by the news media outside the court as well as information presented in the court.

C. in almost every case must determine which witnesses to believe and what evidence should be given the most weight.

D. makes the decision concerning the facts, but the judge may direct a verdict of guilty notwithstanding the decision of the jury.

Question 25 of 37

 

 

In a criminal trial, the jury members, in determining guilt or innocence, may consider:

 

A.only evidence from sworn witnesses, authenticated documents, and real evidence.

B. evidence introduced by the parties and facts judicially noticed by the judge.

C. evidence introduced by the parties, but not stipulations of the parties announced to the jury.

D. evidence, but not substitutes for evidence.

Question 26 of 37

 

 

A fact may be judicially noticed:

 

A.by the trial court judge.

B.by the judge, defense attorney, or prosecutor.

C. only if other evidence is introduced to corroborate the judicially noticed fact.

D. only if it is a geographical fact.

Question 27 of 37

s

 

 

Generally, judicial notice may be taken of facts of common knowledge. To be considered a fact of common knowledge:

 

A. everyone must be aware of the fact, such as the fact that Washington, D.C. is the capital of the United States.

B. the fact must be characterized as national knowledge, as opposed to local knowledge.

C. all that is necessary is that a matter be familiar to the majority of mankind or to those persons familiar with a particular matter in question.

D. it must relate to events from history and not relate to current events.

Question 28 of 37

s

 

Judicial notice may be taken of historical events and historical facts. For example, judicial notice may be taken:

 

A. of local historical facts, national history, and local unrecorded history.

B.that a state of war existed in Korea in 1950.

C. of national history, but only if the judge is personally aware of all the details of the history, without reference to documents.

D.of historical facts of which only the judge and no one else is aware.

Question 29 of 37

 

 

In some instances, the judge may take judicial notice of words, abbreviations, and symbols. In applying evidence rules and statutes, some general principles have been developed. Among these are:

 

A. without a statute, a judge may not take judicial notice of the meaning of words.

B.a judge may not take judicial notice of the meaning of common abbreviations such as abbreviations of the days of the week and the months, because evidence can easily be introduced to show such facts.

C. ordinarily a judge may take judicial notice of infrequently used slang words or expressions even if these are not in the dictionary.

D. judicial notice will not be taken of the meaning of abbreviations, symbols, or initials where such meaning is not generally known or where they have no meaning without explanation.

Question 30 of 37

 

 

In some instances, the jury may consider information other than that derived from evidence specifically introduced by the parties. This information source, which includes presumptions, inferences, and stipulations, is sometimes called:

 

A.circumstantial evidence.

B. competent evidence

C. opinion testimony

D. a substitute for evidence.

Question 31 of 37

 

 

When both parties concede the existence or non-existence of a fact or the contents of a document, this is known as:

 

A.an inference.

B. a presumption.

C.a stipulation

D. judicial notice

Question 32 of 37

 

 

 

There are several reasons or explanations for legal presumptions. One of these is:

 

A. for public policy purposes.

B. to avoid embarrassing the witness.

C. to place the burden of proving guilt on the prosecution.

D.to make it easier for the defense to prove innocence.

Question 33 of 37

 

 

 

A presumption of fact:

 

A. may usually be founded on other presumptions of fact.

B. creates its own foundation.

C. must be founded on facts established by direct evidence.

D. cannot be rebutted when evidence is introduced that is contrary to the presumption.

Question 34 of 37

 

 

 

When considering evidence of conduct of the accused shortly before the offense, the courts have held that:

 

A.such evidence is not admissible.

B.evidence of circumstances preceding the crime may be relevant, but the prejudicial value of the evidence outweighs any probative value since even defendants have rights to privacy.

C.the evidence is generally admissible if inconsistent with the accused's innocence and is probative of guilt.

D.it is not admissible when offered by the prosecution, but is admissible when offered by the defense.

Question 35 of 37

 

 

In a criminal prosecution, the prosecutor has evidence that the defendant has committed many other crimes other than the one for which he is presently on trial. Under the rules of evidence regulating the use of character evidence, the general rule is that evidence of other prior crimes or misconduct by the defendant:

 

A.may not be admitted in a criminal case because it has no bearing on the crime that the government has alleged in the current criminal case.

B.may be admissible but only to prove the existence of a common scheme or plan, motive, intent, identity, or lack of mistake of the defendant.

C.is always admissible to show that the accused had a criminal propensity because humans generally act in predictable patterns.

D.is not admitted at the criminal trial if there is a possibility that it will help the case of the prosecution

 

Question 36 of 37

 

According to the 2009 case of Arizona v. Gant, 556 U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485(2009) under what circumstances may officers conduct a warrantless search of a car interior when the occupant has just been arrested? Please explain detail and give proper Bluebook citation references to your source. Remember this is an essay not a short answer.

Question 37 of 37

 

In discussing the rationale for excluding evidence in some situations, five explanations were listed. List and give an example of each in **detail** with proper Bluebook citations to your source. Please remember that this is an essay worth 15 points and not a short answer question.

 

Question 1 of 37

 

 

Under the Hebrew legal system, the law was tied closely with religion, but under the early Chinese system that existed until the twentieth century:

 

A. the civil law system was entirely different than the criminal law approach.

B. the decision of guilt or innocence was made by a 30-person court of judges.

C. there was little difference between civil law and criminal law.

D. the accused was entitled to have an attorney represent him or her in a criminal case.

 

 

Question 2 of 37

 

 

 

Since July 1973, the Federal Rules of Evidence have guided the federal courts in evidentiary matters. These rules have:

 

A.had very little influence on the states in drafting state evidence rules.

B.played a significant part in the preparation and adoption of states' rules of evidence.

C. had some influence on state rules but less than 10 states have adopted rules of evidence patterned after the federal rules.

D. been adopted as written by all 50 states.

Question 3 of 37

 

 

Generally, the laws of evidence that prevail in the state apply if the state has jurisdiction over the parties and cause of action. In establishing state rules of evidence:

 

A. these rules must comply with the constitutional standards as determined by the United States Supreme Court.

B. the state legislature may make less restrictive rules notwithstanding constitutional standards established by the Supreme Court.

C. the state legislature has the same authority to establish rules of evidence as does Congress.

D. state legislatures may disregard any federal Congressional rules relating to the admissibility of evidence in state courts.

Question 4 of 37

 

 

A suspect may waive his or her Fourth Amendment rights and consent to a search. If a search is made under this authority:

 

A. the person who waives his or her rights cannot revoke the waiver once the search is started.

B.if a waiver is made to search one part of the house, then the other parts may be searched without an additional waiver.

C. the prosecution must show that the consent was voluntary and the person who gave the consent had the capacity to consent.

D. the person who gives the consent cannot place any restrictions on the scope of the search.

Question 5 of 37

 

 

"The means of proof which tends to show the existence of a fact in question, without the intervention of the proof of any other fact." This is a definition of:

 

A.circumstantial evidence.

B. testimony.

C. direct evidence.

D. indirect evidence.

Question 6 of 37

 

 

 

Prima facie evidence is defined as:

 

A. the effect of evidence.

B.evidence that suffices for proof of a particular fact until contradicted and overcome by other evidence.

C. supplemental to that already given, and tending to strengthen or confirm it.

D.evidence that comes to the court through witnesses speaking under oath or affirmation.

Question 7 of 37

 

 

In some instances the court will exclude photographs, such as a photograph of the mutilated body of a crime victim. The reason for excluding such evidence in certain cases is:

 

A. a relationship that is of social importance must be protected.

B.the evidence is considered to be in violation of the Fifth Amendment to the Constitution.

C. it could unduly prejudice the accused.

D. it is considered unreliable evidence.

Question 8 of 37

 

 

One difference between a criminal case and a civil case is that in a:

 

A.civil case there is a presumption in favor of the plaintiff.

B. criminal case the burden of proof is on the defendant.

C.criminal case the accused must be proved guilty by a preponderance of the evidence.

D. criminal case a presumption in favor of the defendant accompanies him from the time of apprehension to the moment of conviction.

Question 9 of 37

 

 

As a general rule, in a criminal case:

 

A. the accused must be found guilty by all members of the jury.

B. a unanimous decision is not required.

C. the degree of proof need not be as strong as would be required in a civil case.

D. a money judgment is granted to the injured party.

Question 10 of 37

 

 

In most instances, the person who is responsible for discovering, evaluating, protecting, and analyzing evidence is the:

 

A. police or investigating officer.

B. prosecutor.

C. judge.

D. defense attorney.

Question 11 of 37

 

 

The point in the pretrial process at which the defendant personally appears before the judge for the first time to enter a plea is the:

 

A. grand jury hearing.

B. trial of the case.

C. indictment or information stage.

D. arraignment.

Question 12 of 37

 

 

In a criminal case, the prosecution:

 

A.must prove the defendant guilty by a preponderance of the evidence.

B. need not prove each element of the crime but only the general guilt of the accused.

C. must prove the guilt of the accused by clear and convincing evidence.

D. must compile enough evidence to convince the jury or the judge that the accused is guilty beyond a reasonable doubt.

Question 13 of 37

 

 

The term burden of proof in a criminal case means:

 

A. the duty of establishing the truth of a given proposition or issue.

B. the party has a requirement to introduce more witnesses than the other party.

C.the evidence must be relevant, material, and competent.

D. the burden to prove that the defendant is not guilty rests with the prosecution until it shifts to the defense.

Question 14 of 37

 

 

In some civil cases, the degree of proof must be such as will produce in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established. This degree is known as:

 

A.clear and convincing evidence.

B. a preponderance of the evidence.

C. beyond a reasonable doubt.

D. clear and unequivocal.

Question 15 of 37

 

 

 

In some instances, the burden of proving affirmative defenses is placed on the defendant. In this situation, the degree of proof usually is:

 

A. beyond a reasonable doubt.

B. by clear and convincing evidence.

C. by a preponderance of the evidence.

D. by evidence that is uncontradicted.

Question 16 of 37

 

 

If "specific intent" is an element of a crime:

 

A. instructions that shift the burden to the defense to produce evidence demonstrating lack of intent are improper.

B.the burden can be shifted to the defense to disprove that element.

C. an instruction that the person intends the natural and probable consequences of an act knowingly done or knowingly omitted is generally considered proper.

D.a defendant has the responsibility of proving lack of intent.

Question 17 of 37

 

 

If the defendant in a criminal case relies upon the affirmative defense that his or her acts come within one of the exceptions in the statute creating the offense:

 

A. it is incumbent upon the prosecution to show that the exception does not apply to the defendant.

B. it is incumbent upon the defendant to show that he or she is within the exception.

C. the burden of proving "not guilty" is then on the defendant.

D. the burden is on the prosecution to show guilt, but then only by a preponderance of the evidence.

 

Question 18 of 37

 

In a criminal case tried before a jury, the jury is charged with determining guilt or innocence. In making this decision, the jury:

 

A. may consider only facts presented in the form of direct evidence.

B.may consider facts presented in the form of direct evidence but also may consider information coming to them from other sources, such as information judicially noticed by the judge.

C. must make the decision only from judicially noticed information, legal presumptions, and judicially approved inferences.

D. may not consider circumstantial evidence.

Question 19 of 37

 

Procedures have been developed for the order of presenting evidence at trial. Usually, the:

 

A. defendant's evidence in chief is presented first.

B.prosecution's evidence in rebuttal is presented first.

C. defendant's evidence in chief is presented after the state has presented its evidence in chief.

D.defendant's evidence in rejoinder follows the defendant's evidence in chief.

Question 20 of 37

 

 

When the prosecutor has introduced what he or she considers is sufficient evidence to make a case against the defendant, he or she signifies the completion of his or her case in chief by announcing:

 

A."the prosecution rests."

B."the defense rests."

C. "the prosecution requests that the case be dismissed."

D. "the case is ready to be presented to the jury."

Question 21 of 37

 

 

 

If a witness on the stand is asked a question, the opposing party may challenge the question before an answer is elicited. In such a situation:

 

A. the first thing the opposing party does is take exception to the judge's ruling.

B. the judge cannot ask the objector to state specific grounds for his or her request that the answers be excluded.

C. the judge makes a decision that cannot be challenged either at the trial or after the trial.

D. the usual procedure is for the opposing party to "object" and the judge to make a decision concerning the admissibility of the evidence.

Question 22 of 37

 

 

The judge in a criminal case:

 

A. may not give the jury guidance by statement of the relevant legal criteria.

B. is required to be inert and make no comments to the jury.

C. has little discretion in determining whether evidence is admissible.

D. must avoid any demonstrated hostility that might impair the appearance of impartiality.

Question 23 of 37

In criminal cases tried with a judge and jury, the judge:

A. has no power to control cross-examination by counsel.

B.makes the determination concerning the admissibility of evidence claimed to have been obtained in violation of the Constitution.

C.after hearing all of the testimony, makes the decision concerning guilt or innocence.

D. usually tells the prosecutor and defense attorney the best way for them to present their cases.

Question 24 of 37

In a criminal case, the jury:

A.determines the facts and applies the law to the facts.

B. may consider information obtained from stories presented by the news media outside the court as well as information presented in the court.

C. in almost every case must determine which witnesses to believe and what evidence should be given the most weight.

D. makes the decision concerning the facts, but the judge may direct a verdict of guilty notwithstanding the decision of the jury.

Question 25 of 37

In a criminal trial, the jury members, in determining guilt or innocence, may consider:

A.only evidence from sworn witnesses, authenticated documents, and real evidence.

B. evidence introduced by the parties and facts judicially noticed by the judge.

C. evidence introduced by the parties, but not stipulations of the parties announced to the jury.

D. evidence, but not substitutes for evidence.

Question 26 of 37

A fact may be judicially noticed:

A.by the trial court judge.

B.by the judge, defense attorney, or prosecutor.

C. only if other evidence is introduced to corroborate the judicially noticed fact.

D. only if it is a geographical fact.

Question 27 of 37

Generally, judicial notice may be taken of facts of common knowledge. To be considered a fact of common knowledge:

A. everyone must be aware of the fact, such as the fact that Washington, D.C. is the capital of the United States.

B. the fact must be characterized as national knowledge, as opposed to local knowledge.

C. all that is necessary is that a matter be familiar to the majority of mankind or to those persons familiar with a particular matter in question.

D. it must relate to events from history and not relate to current events.

Question 28 of 37

Judicial notice may be taken of historical events and historical facts. For example, judicial notice may be taken:

A. of local historical facts, national history, and local unrecorded history.

B.that a state of war existed in Korea in 1950.

C. of national history, but only if the judge is personally aware of all the details of the history, without reference to documents.

D.of historical facts of which only the judge and no one else is aware.

Question 29 of 37

In some instances, the judge may take judicial notice of words, abbreviations, and symbols. In applying evidence rules and statutes, some general principles have been developed. Among these are:

 

A. without a statute, a judge may not take judicial notice of the meaning of words.

B.a judge may not take judicial notice of the meaning of common abbreviations such as abbreviations of the days of the week and the months, because evidence can easily be introduced to show such facts.

C. ordinarily a judge may take judicial notice of infrequently used slang words or expressions even if these are not in the dictionary.

D. judicial notice will not be taken of the meaning of abbreviations, symbols, or initials where such meaning is not generally known or where they have no meaning without explanation.

Question 30 of 37

 

 

In some instances, the jury may consider information other than that derived from evidence specifically introduced by the parties. This information source, which includes presumptions, inferences, and stipulations, is sometimes called:

 

A.circumstantial evidence.

B. competent evidence

C. opinion testimony

D. a substitute for evidence.

Question 31 of 37

 

 

 

When both parties concede the existence or non-existence of a fact or the contents of a document, this is known as:

 

A.an inference.

B. a presumption.

C.a stipulation

D. judicial notice

Question 32 of 37

There are several reasons or explanations for legal presumptions. One of these is:

A. for public policy purposes.

B. to avoid embarrassing the witness.

C. to place the burden of proving guilt on the prosecution.

D.to make it easier for the defense to prove innocence.

Question 33 of 37

A presumption of fact:

A. may usually be founded on other presumptions of fact.

B. creates its own foundation.

C. must be founded on facts established by direct evidence.

D. cannot be rebutted when evidence is introduced that is contrary to the presumption.

Question 34 of 37

When considering evidence of conduct of the accused shortly before the offense, the courts have held that:

A.such evidence is not admissible.

B.evidence of circumstances preceding the crime may be relevant, but the prejudicial value of the evidence outweighs any probative value since even defendants have rights to privacy.

C.the evidence is generally admissible if inconsistent with the accused's innocence and is probative of guilt.

D.it is not admissible when offered by the prosecution, but is admissible when offered by the defense.

Question 35 of 37

In a criminal prosecution, the prosecutor has evidence that the defendant has committed many other crimes other than the one for which he is presently on trial. Under the rules of evidence regulating the use of character evidence, the general rule is that evidence of other prior crimes or misconduct by the defendant:

A.may not be admitted in a criminal case because it has no bearing on the crime that the government has alleged in the current criminal case.

B.may be admissible but only to prove the existence of a common scheme or plan, motive, intent, identity, or lack of mistake of the defendant.

C.is always admissible to show that the accused had a criminal propensity because humans generally act in predictable patterns.

D.is not admitted at the criminal trial if there is a possibility that it will help the case of the prosecution

Question 36 of 37

According to the 2009 case of Arizona v. Gant, 556 U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485(2009) under what circumstances may officers conduct a warrantless search of a car interior when the occupant has just been arrested? Please explain detail and give proper Bluebook citation references to your source. Remember this is an essay not a short answer.

Question 37 of 37

In discussing the rationale for excluding evidence in some situations, five explanations were listed. List and give an example of each in **detail** with proper Bluebook citations to your source. Please remember that this is an essay worth 15 points and not a short answer question.