Question 1

A lawyer is not allowed to use leading questions when attempting to impeach a witness.

Accepted Answer

A) True 
 B)False

Question 2

No question may be asked of a witness on cross examination unless the subject has been brought up during direct examination,unless the question relates to witness capacity.

Accepted Answer

A) True 
 B)False

Question 3

Opinion testimony of a lay witness is never allowed.

Accepted Answer

A) True 
 B)False

Question 4

Under Daubert-Kumbo,expert testimony applies to scientific principles but does not extend technical or specialized knowledge.

Accepted Answer

A) True 
 B)False

Question 5

Modernly,the standard for the trial court's determination of the foundation for expert testimony is established by the:

Accepted Answer

A)  Frye Test.
B)  Daubert-Kumbo Test.
C)  Voir Dire Test.
D)  Relevance Test.

Question 6

An attorney may refresh the memory of a witness by the use of leading questions.

Accepted Answer

A) True 
 B)False

Question 7

The jury is not required to accept the opinion of an expert witness.

Accepted Answer

A) True 
 B)False

Question 8

Voir Dire refers to:

Accepted Answer

A)  the method of introducing a lay witness's testimony at trial.
B)  the process of qualifying a witness as an expert.
C)  the standard for admissibility of expert testimony.
D)  the method by which a lawyer may compel a witness's testimony.

Question 9

Factors in evaluating witness capacity do not include

Accepted Answer

A)  memory.
B)  narration.
C)  education.
D)  sincerity.

Question 10

The Daubert-Kumbo Test considers all of the following factors except:

Accepted Answer

A)  the particular scientific techniques known or potential rate of error.
B)  peer review and publication of the theory or technique.
C)  basis of knowledge in developing the theory or technique.
D)  testing of the theory or technique.

Question 11

Few circumstances will excuse a person from attendance as a witness.

Accepted Answer

A) True 
 B)False

Question 12

A subpoena duces tecum allows a witness to submit his or her testimony in writing rather than requiring personal appearance at trial.

Accepted Answer

A) True 
 B)False

Question 13

What are the possible consequences for failing to honor a subpoena or a subpoena duces tecum?

Accepted Answer

The court can hold the person ...

Question 14

The FRE no longer allows the use of hypothetical questions in examining an expert witness.

Accepted Answer

A) True 
 B)False

Question 15

If a witness refers to a writing prior to testifying

Accepted Answer

A)  opposing counsel has an absolute right to inspect the writing referred to.
B)  opposing counsel may inspect the writing if the court decides that justice requires the party to have that option.
C)  opposing counsel may inspect the writing if agreed to by the witness.
D)  opposing counsel may not inspect the writing.

Question 16

Rule 706 of the FRE allows for a witness to refer to a "writing" during testimony or before testifying in an effort to revive his or her memory.

Accepted Answer

A) True 
 B)False

Question 17

A witness must always answer all questions the judge permits.

Accepted Answer

A) True 
 B)False

Question 18

What are some possible consequences of sloppy work by police crime lab technicians?

Accepted Answer

In cases that have already gone to trial...

Question 19

A dislike for a party is an example of provable bias.

Accepted Answer

A) True 
 B)False

Question 20

The Uniform Act to Secure the Attendance of Witnesses permits a court to do all of the following except:

Accepted Answer

A)  require the appearance of an out of state witness to determine whether or not he or she is a material witness.
B)  order a witness to appear in the court where an original subpoena was issued if he or she is determined to be a material witness.
C)  allow the issuance of a subpoena to an out of state witness and to have the subpoena sent to a court in that state.
D)  require the testimony of an out of state witness who is not material.

Exam 5: Witnesses-Lay and Expert

The jury is not required to accept the opinion of an expert witness.

Correct AnswerverifiedShow Answer

A dislike for a party is an example of provable bias.

Correct AnswerverifiedShow Answer

A lawyer is not allowed to use leading questions when attempting to impeach a witness.

Correct AnswerverifiedShow Answer

A subpoena duces tecum allows a witness to submit his or her testimony in writing rather than requiring personal appearance at trial.

Correct AnswerverifiedShow Answer

Under Daubert-Kumbo,expert testimony applies to scientific principles but does not extend technical or specialized knowledge.

Correct AnswerverifiedShow Answer

The Daubert-Kumbo Test considers all of the following factors except:

Correct AnswerverifiedShow Answer

An attorney may refresh the memory of a witness by the use of leading questions.

Correct AnswerverifiedShow Answer

Rule 706 of the FRE allows for a witness to refer to a "writing" during testimony or before testifying in an effort to revive his or her memory.

Correct AnswerverifiedShow Answer

What are some possible consequences of sloppy work by police crime lab technicians?

Correct AnswerverifiedIn cases that have already gone to trial...View AnswerShow Answer

If a witness refers to a writing prior to testifying

Correct AnswerverifiedShow Answer

Few circumstances will excuse a person from attendance as a witness.

Correct AnswerverifiedShow Answer

The FRE no longer allows the use of hypothetical questions in examining an expert witness.

Correct AnswerverifiedShow Answer

Voir Dire refers to:

Correct AnswerverifiedShow Answer

No question may be asked of a witness on cross examination unless the subject has been brought up during direct examination,unless the question relates to witness capacity.

Correct AnswerverifiedShow Answer

What are the possible consequences for failing to honor a subpoena or a subpoena duces tecum?

Correct AnswerverifiedThe court can hold the person ...View AnswerShow Answer

Opinion testimony of a lay witness is never allowed.

Correct AnswerverifiedShow Answer

Modernly,the standard for the trial court's determination of the foundation for expert testimony is established by the:

Correct AnswerverifiedShow Answer

The Uniform Act to Secure the Attendance of Witnesses permits a court to do all of the following except:

Correct AnswerverifiedShow Answer

A witness must always answer all questions the judge permits.

Correct AnswerverifiedShow Answer

Factors in evaluating witness capacity do not include

Correct AnswerverifiedShow Answer

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In cases that have already gone to trial...
View Answer

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The court can hold the person ...
View Answer

Correct Answer
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