Test # A - Intro to Evidence

1. A zealous advocate is entitled to gather and develop evidence.

Select one:

TRUE.

FALSE.

2 A zealous advocate is permitted to alter evidence.

Select one:

TRUE.

FALSE.

3. A zealous advocate should not encourage a witness to lie.

Select one:

TRUE.

FALSE.

4. The Federal Rules of Evidence exist to prevent injustice.

Select one:

TRUE.

FALSE.

5. Statements made by the attorneys in a court proceeding are to be considered
by the jurors as evidence.

Select one:

TRUE.

FALSE.

6. The judge may tell the jurors that certain information is fact.

Select one:

TRUE.

FALSE.

7. The jurors may conduct an independent investigation to supplement the
evidence admitted at the court proceeding.

Select one:

TRUE.

FALSE.

8. The judge may limit the purpose for which the jurors are to consider a piece
of evidence.

Select one:

TRUE.

FALSE.

9. Direct evidence is allotted greater weight than circumstantial evidence.

Select one:

TRUE.

FALSE.

10 A case built on circumstantial evidence is rare.

Select one:

TRUE.

FALSE.

11. The best interview technique is to ask leading questions.

Select one:

TRUE.

FALSE.

12. An effective interviewer will listen carefully to the witness's statements.

Select one:

TRUE.

FALSE.

13. An effective interview technique is to argue with the witness because confrontation better elicits the truth.

Select one:

TRUE.

FALSE.

14. Motions in limine enable an advocate to secure evidentiary rulings before the
trial begins.

Select one:

TRUE.

FALSE.

15. A party may appeal an issue from the trial even if the party did not object at
the time the evidence was being admitted.

Select one:

TRUE.

FALSE.

16. A young attorney, anxiously trying to win his first case, knows that the potential for money damages is much higher if his client testifies that the defendant in the case intentionally assaulted her. The client believes that the plaintiff was negligent but not acting with intent when he caused her injury. The attorney tells the client that she must say she believed the client hurt her purposely, in order to win the case. This is

(a) Zealous representation.

(b) An attempt to help frame the evidence in the most positive light to the client.

(c) An attempt to establish circumstantial evidence.

(d) Unethical and illegal

17. Which of the following is (are) not evidence?

1. Testimony 2. Exhibits 3. Jury Instructions 4. Stipulated Facts

(a) Only 1 is not evidence

(b) 1 and 2 are not evidence

(c) Only 3 is not evidence

(d) 3 and 4 are not evidence

18. A paralegal should be able to

(a) Insure that only that evidence which is favorable to the client is admitted.

(b) Examine the admissibility and excludability of all evidence.

(c) Instruct witnesses about what they cannot say if they want to win the case

(d) All of the above.

19. The difference between demonstrative evidence and "real" evidence is

(a) Real evidence is truthful, and demonstrative evidence is biased.

(b) Real evidence is in its original form, whereas demonstrative evidence is
"created" to give the jury information which may not be easily delivered or presented in original form.

(c) Demonstrative evidence is stipulated evidence, whereas real evidence is not.

(d) Demonstrative evidence is unlawful, whereas real evidence is not.

20. Both sides agree that the plaintiff's store closed early on the date in question,
at 2 p.m. This evidence is admissible as

(a) Demonstrative evidence.

(b) Stipulated fact.

(c) Common knowledge, of which the court can take judicial notice.

(d) All of the above.

21. After being involved in a hit and run accident, Freddie took his car to the car shop, to repair a dent in the fender. The repair mechanic noticed the paint of another car on the fender. This type of information, if admitted at trial, could be used as

(a) Direct evidence that Freddie was involved in the hit and run accident.

(b) Direct evidence that Freddie's car was not involved in the hit and run accident.

(c) Circumstantial evidence that Freddie's car was involved in the hit and run
accident.

(d) Circumstantial evidence that Freddie was driving too fast on the date of the
accident.

22. Freddie told the repair man that he had been in a hit and run accident. This admission is

(a) Direct evidence that Freddie was involved in the hit and run accident.

(b) Direct evidence that Freddie was driving too fast on the date of the accident.

(c) Circumstantial evidence that Freddie's car was involved in the hit and run
accident.

(d) Circumstantial evidence that Freddie was driving too fast on the date of the
accident.

23. A witness told the investigator that she saw the crime and could identify the perpetrator. This type of evidence is

(a) Unreliable since the witness could be lying

(b) Unimportant because the perpetrator could simply deny the charge.

(c) Evidence in the form of testimony which would be potentially admissible at trial.

(d) Evidence in the form of an exhibit which would be potentially admissible at
trial.

- End of test. -