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Admissibility of Evidence

Description: This quiz will test your knowledge on the admissibility of evidence in a legal context.
Number of Questions: 15
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Tags: evidence admissibility trial law
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Which of the following is NOT a requirement for the admissibility of evidence?

  1. Relevancy

  2. Materiality

  3. Competency

  4. Reliability


Correct Option: D
Explanation:

Reliability is not a requirement for the admissibility of evidence. The other three options are all requirements.

What is the hearsay rule?

  1. Evidence that is not based on personal knowledge is inadmissible.

  2. Evidence that is offered to prove the truth of the matter asserted is inadmissible.

  3. Evidence that is more prejudicial than probative is inadmissible.

  4. Evidence that is obtained in violation of a defendant's constitutional rights is inadmissible.


Correct Option: A
Explanation:

The hearsay rule is a rule of evidence that prohibits the admission of evidence that is not based on personal knowledge. This rule is designed to prevent the admission of unreliable evidence.

What are the exceptions to the hearsay rule?

  1. Excited utterances

  2. Present sense impressions

  3. Dying declarations

  4. All of the above


Correct Option: D
Explanation:

There are a number of exceptions to the hearsay rule, including excited utterances, present sense impressions, and dying declarations.

What is the best evidence rule?

  1. The original document must be produced in court.

  2. A copy of the document may be admitted if the original is unavailable.

  3. Oral testimony may be admitted if the document is unavailable.

  4. None of the above


Correct Option: A
Explanation:

The best evidence rule requires that the original document be produced in court whenever possible. This rule is designed to ensure that the evidence is accurate and reliable.

What is the parol evidence rule?

  1. A written contract cannot be modified by oral testimony.

  2. A written contract can be modified by oral testimony if the parties agree.

  3. A written contract can be modified by oral testimony if there is a mistake or fraud.

  4. None of the above


Correct Option: A
Explanation:

The parol evidence rule prohibits the admission of oral testimony to modify a written contract. This rule is designed to protect the integrity of written contracts.

What is the fruit of the poisonous tree doctrine?

  1. Evidence that is obtained as a result of an illegal search or seizure is inadmissible.

  2. Evidence that is obtained as a result of a violation of a defendant's constitutional rights is inadmissible.

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

The fruit of the poisonous tree doctrine prohibits the admission of evidence that is obtained as a result of an illegal search or seizure or a violation of a defendant's constitutional rights.

What is the character evidence rule?

  1. Evidence of a person's character is not admissible to prove that the person acted in conformity with that character.

  2. Evidence of a person's character is admissible to prove that the person acted in conformity with that character.

  3. Evidence of a person's character is admissible to prove that the person did not act in conformity with that character.

  4. None of the above


Correct Option: A
Explanation:

The character evidence rule prohibits the admission of evidence of a person's character to prove that the person acted in conformity with that character. This rule is designed to prevent the admission of irrelevant and prejudicial evidence.

What is the expert witness rule?

  1. An expert witness is a person who has special knowledge, skill, or experience in a particular field.

  2. An expert witness can testify about their opinion on a matter that is beyond the understanding of the average juror.

  3. An expert witness can testify about their opinion on a matter that is within the understanding of the average juror.

  4. None of the above


Correct Option: A
Explanation:

An expert witness is a person who has special knowledge, skill, or experience in a particular field. Expert witnesses can testify about their opinion on a matter that is beyond the understanding of the average juror.

What is the privilege against self-incrimination?

  1. A person cannot be compelled to testify against themselves in a criminal case.

  2. A person can be compelled to testify against themselves in a criminal case if they are granted immunity.

  3. A person can be compelled to testify against themselves in a criminal case if they are represented by an attorney.

  4. None of the above


Correct Option: A
Explanation:

The privilege against self-incrimination is a constitutional right that protects a person from being compelled to testify against themselves in a criminal case.

What is the attorney-client privilege?

  1. A client cannot be compelled to testify against their attorney in a criminal case.

  2. An attorney cannot be compelled to testify against their client in a criminal case.

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

The attorney-client privilege is a common law privilege that protects the confidentiality of communications between an attorney and their client.

What is the work product doctrine?

  1. An attorney's work product is protected from discovery by the opposing party.

  2. An attorney's work product is not protected from discovery by the opposing party.

  3. An attorney's work product is protected from discovery by the opposing party if it is prepared in anticipation of litigation.

  4. None of the above


Correct Option: C
Explanation:

The work product doctrine protects an attorney's work product from discovery by the opposing party if it is prepared in anticipation of litigation.

What is the relevance rule?

  1. Evidence is relevant if it has any tendency to make a fact more or less probable.

  2. Evidence is relevant if it is material to the case.

  3. Evidence is relevant if it is competent.

  4. All of the above


Correct Option: D
Explanation:

Evidence is relevant if it has any tendency to make a fact more or less probable, if it is material to the case, and if it is competent.

What is the materiality rule?

  1. Evidence is material if it is relevant to the case.

  2. Evidence is material if it is competent.

  3. Evidence is material if it is admissible.

  4. None of the above


Correct Option: A
Explanation:

Evidence is material if it is relevant to the case.

What is the competency rule?

  1. Evidence is competent if it is relevant to the case.

  2. Evidence is competent if it is material to the case.

  3. Evidence is competent if it is admissible.

  4. None of the above


Correct Option: C
Explanation:

Evidence is competent if it is admissible.

What is the exclusionary rule?

  1. Evidence that is obtained in violation of a defendant's constitutional rights is inadmissible.

  2. Evidence that is obtained in violation of a statute is inadmissible.

  3. Evidence that is obtained in violation of a court order is inadmissible.

  4. All of the above


Correct Option: A
Explanation:

The exclusionary rule prohibits the admission of evidence that is obtained in violation of a defendant's constitutional rights.

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