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Evidence in Military Law

Description: This quiz will test your knowledge of the rules of evidence in military law.
Number of Questions: 10
Created by:
Tags: evidence military law
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What is the primary rule of evidence in military law?

  1. The rules of evidence in military law are the same as the rules of evidence in civilian law.

  2. The rules of evidence in military law are more strict than the rules of evidence in civilian law.

  3. The rules of evidence in military law are less strict than the rules of evidence in civilian law.


Correct Option: B
Explanation:

The rules of evidence in military law are more strict than the rules of evidence in civilian law because the military justice system is designed to ensure that justice is done in a fair and impartial manner.

What are the three main types of evidence that are admissible in military law?

  1. Testimonial evidence, documentary evidence, and physical evidence.

  2. Testimonial evidence, hearsay evidence, and real evidence.

  3. Testimonial evidence, demonstrative evidence, and opinion evidence.


Correct Option: A
Explanation:

Testimonial evidence is evidence that is given by a witness in person. Documentary evidence is evidence that is in the form of a written or printed document. Physical evidence is evidence that is in the form of a tangible object.

What is the rule against hearsay evidence in military law?

  1. Hearsay evidence is not admissible in military law.

  2. Hearsay evidence is admissible in military law if it is relevant and reliable.

  3. Hearsay evidence is admissible in military law if it is not prejudicial to the accused.


Correct Option: A
Explanation:

Hearsay evidence is not admissible in military law because it is considered to be unreliable. Hearsay evidence is evidence that is given by a witness who did not see or hear the events that they are testifying about.

What are the three main exceptions to the rule against hearsay evidence in military law?

  1. The excited utterance exception, the dying declaration exception, and the present sense impression exception.

  2. The excited utterance exception, the dying declaration exception, and the past recollection recorded exception.

  3. The excited utterance exception, the dying declaration exception, and the ancient document exception.


Correct Option: A
Explanation:

The excited utterance exception allows hearsay evidence to be admitted if it was made by a person who was under the influence of excitement caused by a startling event. The dying declaration exception allows hearsay evidence to be admitted if it was made by a person who was about to die and who believed that they were about to die. The present sense impression exception allows hearsay evidence to be admitted if it was made by a person who was perceiving an event or condition at the time it occurred.

What is the rule of completeness in military law?

  1. The rule of completeness requires that all of the evidence that is relevant to a case be admitted.

  2. The rule of completeness requires that all of the evidence that is material to a case be admitted.

  3. The rule of completeness requires that all of the evidence that is competent to a case be admitted.


Correct Option: A
Explanation:

The rule of completeness requires that all of the evidence that is relevant to a case be admitted because it is important for the trier of fact to have all of the information that is available in order to make a fair and impartial decision.

What are the three main types of privileges that are recognized in military law?

  1. The attorney-client privilege, the doctor-patient privilege, and the priest-penitent privilege.

  2. The attorney-client privilege, the spousal privilege, and the parent-child privilege.

  3. The attorney-client privilege, the doctor-patient privilege, and the psychotherapist-patient privilege.


Correct Option: C
Explanation:

The attorney-client privilege protects communications between an attorney and their client. The doctor-patient privilege protects communications between a doctor and their patient. The psychotherapist-patient privilege protects communications between a psychotherapist and their patient.

What is the rule against self-incrimination in military law?

  1. The rule against self-incrimination prohibits a person from being compelled to testify against themselves in a criminal case.

  2. The rule against self-incrimination prohibits a person from being compelled to provide evidence against themselves in a criminal case.

  3. The rule against self-incrimination prohibits a person from being compelled to answer questions that may incriminate them in a criminal case.


Correct Option: A
Explanation:

The rule against self-incrimination is a fundamental right that is guaranteed by the Fifth Amendment to the United States Constitution. The rule against self-incrimination protects people from being forced to provide evidence against themselves that could be used to convict them of a crime.

What are the three main types of searches that are authorized under military law?

  1. Consent searches, warrantless searches, and administrative searches.

  2. Consent searches, probable cause searches, and exigent circumstance searches.

  3. Consent searches, plain view searches, and stop and frisk searches.


Correct Option: B
Explanation:

Consent searches are searches that are conducted with the consent of the person whose property is being searched. Probable cause searches are searches that are conducted based on a reasonable belief that a crime has been committed or that evidence of a crime will be found. Exigent circumstance searches are searches that are conducted in order to prevent the destruction of evidence or to protect the safety of law enforcement officers or other people.

What is the exclusionary rule in military law?

  1. The exclusionary rule prohibits the admission of evidence that was obtained in violation of the Fourth Amendment to the United States Constitution.

  2. The exclusionary rule prohibits the admission of evidence that was obtained in violation of the Fifth Amendment to the United States Constitution.

  3. The exclusionary rule prohibits the admission of evidence that was obtained in violation of the Sixth Amendment to the United States Constitution.


Correct Option: A
Explanation:

The exclusionary rule is a rule of evidence that prohibits the admission of evidence that was obtained in violation of the Fourth Amendment to the United States Constitution. The Fourth Amendment protects people from unreasonable searches and seizures.

What is the fruit of the poisonous tree doctrine in military law?

  1. The fruit of the poisonous tree doctrine prohibits the admission of evidence that was obtained as a result of an illegal search or seizure.

  2. The fruit of the poisonous tree doctrine prohibits the admission of evidence that was obtained as a result of an illegal interrogation.

  3. The fruit of the poisonous tree doctrine prohibits the admission of evidence that was obtained as a result of an illegal arrest.


Correct Option: A
Explanation:

The fruit of the poisonous tree doctrine is a rule of evidence that prohibits the admission of evidence that was obtained as a result of an illegal search or seizure. The doctrine is based on the idea that evidence that is obtained as a result of an illegal search or seizure is tainted and therefore cannot be used in court.

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