Evidence in Civil Cases
| Description: This quiz will test your knowledge on the topic of Evidence in Civil Cases. | |
| Number of Questions: 15 | |
| Created by: Aliensbrain Bot | |
| Tags: evidence civil cases law |
Which of the following is not a type of evidence that can be presented in a civil case?
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Testimony
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Documents
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Physical evidence
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Hearsay
Hearsay is a statement made out of court that is offered in court to prove the truth of the matter asserted. It is generally not admissible in evidence because it is not subject to cross-examination.
What is the purpose of the rules of evidence?
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To ensure that the trial is fair and impartial
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To protect the rights of the parties
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To promote the efficient administration of justice
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All of the above
The rules of evidence are designed to ensure that the trial is fair and impartial, to protect the rights of the parties, and to promote the efficient administration of justice.
What is the difference between direct evidence and circumstantial evidence?
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Direct evidence proves a fact directly, while circumstantial evidence proves a fact indirectly
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Direct evidence is more reliable than circumstantial evidence
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Circumstantial evidence is more likely to be admitted in court than direct evidence
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None of the above
Direct evidence proves a fact directly, while circumstantial evidence proves a fact indirectly. For example, if a witness testifies that they saw the defendant commit a crime, that is direct evidence. If a witness testifies that they saw the defendant fleeing the scene of a crime, that is circumstantial evidence.
What is the hearsay rule?
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Hearsay is a statement made out of court that is offered in court to prove the truth of the matter asserted
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Hearsay is admissible in evidence if it is relevant and reliable
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Hearsay is admissible in evidence if it is made by a witness who is unavailable to testify
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None of the above
Hearsay is a statement made out of court that is offered in court to prove the truth of the matter asserted. It is generally not admissible in evidence because it is not subject to cross-examination.
What are the exceptions to the hearsay rule?
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Excited utterances
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Present sense impressions
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Dying declarations
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All of the above
The exceptions to the hearsay rule include excited utterances, present sense impressions, dying declarations, and a few others. These exceptions allow hearsay evidence to be admitted in court because they are considered to be reliable.
What is the best evidence rule?
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The best evidence rule requires that the original document be produced in court
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The best evidence rule applies to all types of evidence
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The best evidence rule is a rule of preference, not a rule of exclusion
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All of the above
The best evidence rule requires that the original document be produced in court. If the original document is not available, a copy may be admitted in evidence if it is shown to be a true and accurate copy.
What is the parol evidence rule?
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The parol evidence rule prohibits the introduction of extrinsic evidence to vary or contradict the terms of a written contract
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The parol evidence rule applies to all types of contracts
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The parol evidence rule is a rule of preference, not a rule of exclusion
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None of the above
The parol evidence rule prohibits the introduction of extrinsic evidence to vary or contradict the terms of a written contract. This rule is designed to protect the sanctity of written contracts.
What is the privilege against self-incrimination?
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The privilege against self-incrimination protects a person from being compelled to testify against themselves in a criminal case
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The privilege against self-incrimination applies to all types of cases
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The privilege against self-incrimination is a rule of preference, not a rule of exclusion
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None of the above
The privilege against self-incrimination protects a person from being compelled to testify against themselves in a criminal case. This privilege is designed to protect the innocent from being coerced into confessing to a crime they did not commit.
What is the attorney-client privilege?
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The attorney-client privilege protects communications between an attorney and their client
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The attorney-client privilege applies to all types of communications
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The attorney-client privilege is a rule of preference, not a rule of exclusion
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None of the above
The attorney-client privilege protects communications between an attorney and their client. This privilege is designed to protect the confidentiality of the attorney-client relationship.
What is the work product doctrine?
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The work product doctrine protects the work product of an attorney in anticipation of litigation
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The work product doctrine applies to all types of work product
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The work product doctrine is a rule of preference, not a rule of exclusion
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None of the above
The work product doctrine protects the work product of an attorney in anticipation of litigation. This doctrine is designed to protect the attorney's creative process.
What is the difference between a witness and an expert witness?
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A witness can testify to facts, while an expert witness can testify to opinions
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A witness must be qualified to testify, while an expert witness does not need to be qualified
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A witness can be cross-examined, while an expert witness cannot be cross-examined
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None of the above
A witness can testify to facts, while an expert witness can testify to opinions. Expert witnesses must be qualified to testify, and they can be cross-examined.
What is the difference between a deposition and a trial?
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A deposition is a sworn statement taken outside of court, while a trial is a formal proceeding held in court
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A deposition is used to discover evidence, while a trial is used to determine the guilt or innocence of a defendant
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A deposition is typically conducted by an attorney, while a trial is conducted by a judge
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All of the above
A deposition is a sworn statement taken outside of court, while a trial is a formal proceeding held in court. Depositions are used to discover evidence, while trials are used to determine the guilt or innocence of a defendant. Depositions are typically conducted by an attorney, while trials are conducted by a judge.
What is the difference between a motion in limine and a motion to strike?
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A motion in limine is a motion to exclude evidence before it is introduced, while a motion to strike is a motion to exclude evidence after it has been introduced
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A motion in limine is typically made by the plaintiff, while a motion to strike is typically made by the defendant
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A motion in limine is granted if the court finds that the evidence is inadmissible, while a motion to strike is granted if the court finds that the evidence is irrelevant or prejudicial
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All of the above
A motion in limine is a motion to exclude evidence before it is introduced, while a motion to strike is a motion to exclude evidence after it has been introduced. A motion in limine is typically made by the plaintiff, while a motion to strike is typically made by the defendant. A motion in limine is granted if the court finds that the evidence is inadmissible, while a motion to strike is granted if the court finds that the evidence is irrelevant or prejudicial.
What is the difference between a directed verdict and a judgment notwithstanding the verdict?
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A directed verdict is a decision by the court to enter a verdict in favor of one party without submitting the case to the jury, while a judgment notwithstanding the verdict is a decision by the court to overturn the jury's verdict and enter a verdict in favor of the other party
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A directed verdict is typically made at the close of the plaintiff's case, while a judgment notwithstanding the verdict is typically made after the jury has returned its verdict
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A directed verdict is granted if the court finds that there is no evidence to support the plaintiff's case, while a judgment notwithstanding the verdict is granted if the court finds that the jury's verdict is against the weight of the evidence
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All of the above
A directed verdict is a decision by the court to enter a verdict in favor of one party without submitting the case to the jury, while a judgment notwithstanding the verdict is a decision by the court to overturn the jury's verdict and enter a verdict in favor of the other party. A directed verdict is typically made at the close of the plaintiff's case, while a judgment notwithstanding the verdict is typically made after the jury has returned its verdict. A directed verdict is granted if the court finds that there is no evidence to support the plaintiff's case, while a judgment notwithstanding the verdict is granted if the court finds that the jury's verdict is against the weight of the evidence.
What is the difference between an appeal and a new trial?
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An appeal is a request to a higher court to review the decision of a lower court, while a new trial is a new trial of the case
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An appeal is typically made after the trial has concluded, while a new trial is typically made before the trial has concluded
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An appeal is granted if the higher court finds that the lower court made an error of law, while a new trial is granted if the higher court finds that the trial was unfair
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All of the above
An appeal is a request to a higher court to review the decision of a lower court, while a new trial is a new trial of the case. An appeal is typically made after the trial has concluded, while a new trial is typically made before the trial has concluded. An appeal is granted if the higher court finds that the lower court made an error of law, while a new trial is granted if the higher court finds that the trial was unfair.