Question 1

A defendant is entitled to the right of discovery of the evidence that is presented at her preliminary hearing.

Accepted Answer

A) True 
 B)False

Question 2

Authentication of a document may be established by which of the following?

Accepted Answer

A)  Expert testimony
B)  Hearsay testimony
C)  Best evidence rule
D)  The juryE) None of the above
F) A) and B)

Question 3

Copies of public records usually satisfy the best evidence rule.

Accepted Answer

A) True 
 B)False

Question 4

The burden is on the prosecution to prove that an informer is a material witness on the issue of the defendant's guilt or innocence.

Accepted Answer

A) True 
 B)False

Question 5

Secondary evidence of the contents of a writing may not be introduced in which situation?

Accepted Answer

A)  When the original writing relates to a collateral matter.
B)  When the original writing is in the possession of an adverse party and after a notice to produce,the adverse party fails to do so.
C)  When the original writing is in the custody of a public officer.
D)  When the original writing has been intentionally destroyed by the party seeking to introduce the secondary evidence.E) All of the above
F) A) and C)

Question 6

What are the defenses that the defendant may be required to disclose to the prosecution prior to trial?

Accepted Answer

The defendant may be required ...

Question 7

Brady material is defined as material favorable to the:

Accepted Answer

A)  prosecution,tending to establish a defendant's guilt.
B)  defense,tending to clear a defendant of alleged guilt.
C)  defense,in the possession of the prosecution,which must be disclosed to the defense.
D)  defense,in the possession of the prosecution,which may be withheld from the defense.E) A) and D)
F) A) and B)

Question 8

What is the range of matters that may be subject to discovery by the defendant?

Accepted Answer

Matters subject to the right of discover...

Question 9

The disclosure of an informers identity to the defense is required if the informer was an eyewitness to the crime the defendant is charged with.

Accepted Answer

A) True 
 B)False

Question 10

The prosecution is obligated to disclose material exculpatory evidence to the defense upon request.

Accepted Answer

A) True 
 B)False

Question 11

The Best Evidence rule applies to which of the following types of evidence?

Accepted Answer

A)  Hearsay testimony.
B)  Oral statements made by the defendant.
C)  Authentic documents.
D)  Writings recordings,and photographs.E) A) and D)
F) All of the above

Question 12

When is the disclosure of an informer's identity required?

Accepted Answer

A)  Always
B)  Never
C)  When the informer is a material witness as to the defendant's guilt or innocence.
D)  When the informer is a material witness on a relevant issue at trial.E) A) and D)
F) A) and C)

Question 13

Suppression by the prosecution of exculpatory evidence upon request by the defense may result in a mistrial or new trial on appeal only if the suppression was done in bad faith.

Accepted Answer

A) True 
 B)False

Question 14

How does a party lay the foundation for the introduction of a writing,recording or photograph into evidence?

Accepted Answer

A party lays the foundation for the intr...

Question 15

Federal law provides the defense access to witnesses' names and addresses before trial.

Accepted Answer

A) True 
 B)False

Question 16

Under the Federal Rules of Criminal Procedure,if the prosecution grants discovery of documents,results of physical and mental examinations,or test reports to the defense the defense must "reciprocally" grant discovery of these types of materials in its possession to the prosecution.

Accepted Answer

A) True 
 B)False

Question 17

Explain the significance of the Supreme Court decision in Arizona v.Youngblood as it relates to a due process argument in a Brady claim.

Accepted Answer

The Supreme Court held that the failure ...

Question 18

A party meets the requirement of authentication of a document by laying the foundation for the introduction of the document into evidence.

Accepted Answer

A) True 
 B)False

Question 19

What statements are covered by the Jencks Act?

Accepted Answer

The Jencks Act only covers gov...

Question 20

If a document relates to a collateral matter it must be presented into evidence in its original form.

Accepted Answer

A) True 
 B)False

Exam 12: Documentary Evidence and the Right of Discovery

What statements are covered by the Jencks Act?

Correct AnswerverifiedThe Jencks Act only covers gov...View AnswerShow Answer

If a document relates to a collateral matter it must be presented into evidence in its original form.

Correct AnswerverifiedShow Answer

The disclosure of an informers identity to the defense is required if the informer was an eyewitness to the crime the defendant is charged with.

Correct AnswerverifiedShow Answer

What are the defenses that the defendant may be required to disclose to the prosecution prior to trial?

Correct AnswerverifiedThe defendant may be required ...View AnswerShow Answer

Under the Federal Rules of Criminal Procedure,if the prosecution grants discovery of documents,results of physical and mental examinations,or test reports to the defense the defense must "reciprocally" grant discovery of these types of materials in its possession to the prosecution.

Correct AnswerverifiedShow Answer

Explain the significance of the Supreme Court decision in Arizona v.Youngblood as it relates to a due process argument in a Brady claim.

Correct AnswerverifiedThe Supreme Court held that the failure ...View AnswerShow Answer

Federal law provides the defense access to witnesses' names and addresses before trial.

Correct AnswerverifiedShow Answer

The burden is on the prosecution to prove that an informer is a material witness on the issue of the defendant's guilt or innocence.

Correct AnswerverifiedShow Answer

A defendant is entitled to the right of discovery of the evidence that is presented at her preliminary hearing.

Correct AnswerverifiedShow Answer

Copies of public records usually satisfy the best evidence rule.

Correct AnswerverifiedShow Answer

How does a party lay the foundation for the introduction of a writing,recording or photograph into evidence?

Correct AnswerverifiedA party lays the foundation for the intr...View AnswerShow Answer

Suppression by the prosecution of exculpatory evidence upon request by the defense may result in a mistrial or new trial on appeal only if the suppression was done in bad faith.

Correct AnswerverifiedShow Answer

Brady material is defined as material favorable to the:

Correct AnswerverifiedShow Answer

When is the disclosure of an informer's identity required?

Correct AnswerverifiedShow Answer

What is the range of matters that may be subject to discovery by the defendant?

Correct AnswerverifiedMatters subject to the right of discover...View AnswerShow Answer

A party meets the requirement of authentication of a document by laying the foundation for the introduction of the document into evidence.

Correct AnswerverifiedShow Answer

Secondary evidence of the contents of a writing may not be introduced in which situation?

Correct AnswerverifiedShow Answer

The Best Evidence rule applies to which of the following types of evidence?

Correct AnswerverifiedShow Answer

The prosecution is obligated to disclose material exculpatory evidence to the defense upon request.

Correct AnswerverifiedShow Answer

Authentication of a document may be established by which of the following?

Correct AnswerverifiedShow Answer

Correct Answer
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The Jencks Act only covers gov...
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The defendant may be required ...
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The Supreme Court held that the failure ...
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A party lays the foundation for the intr...
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Correct Answer
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Matters subject to the right of discover...
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Correct Answer
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Correct Answer
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