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1. To introduce a ransom note into evidence, the offering party must establish all of the following,
except:
@ Learning Objective: 1; Cognitive Domain: Application; Answer Location: p. 173; Question Type: MS
b. The document’s probative value must outweigh any prejudicial impact it may have.
@ Learning Objective: 1; Cognitive Domain: Understanding; Answer Location: p. 173; Question Type: MS
e. Only b and c
@ Learning Objective: 2; Cognitive Domain: Application; Answer Location: p. 175; Question Type: MS
e. Only a and b
4. Attorney Brown intends to introduce at trial an ancient document and intends to do so without
authentication. What criteria must be met in order for Attorney Brown to get the document admitted
without authentication?
@ Learning Objective: 2; Cognitive Domain: Application: Application; Answer Location: p. 176; Question
Type: MS
a. The document must appear to be genuine and must show no indication of modification or forgery.
b. The document must be authenticated by someone who is familiar with the document’s creator and
can attest to the reliability of the document.
c. The document must have been handled as an original document and kept in a secure and safe
location.
@ Learning Objective: 1; Cognitive Domain: Analysis; Answer Location: p. 176; Question Type: MS
*a. The party introducing the document bears the burden of authenticating the document.
b. The party against whom the document is offered has the burden of disproving the authenticity of the
document.
c. Once authenticated, the jury adjudicating the defendant’s guilt or innocence must accept the
document as fact.
d. Once authenticated, the opposing party cannot question the document’s contents.
6. Under the Federal Rules of Evidence an ancient document must be at least _______ years old to
qualify as ancient.
a. 10
*b. 20
c. 30
d. 50
@ Learning Objective: 2; Cognitive Domain: Knowledge; Answer Location: p. 175; Question Type: MS
a. Witness testimony
c. A handwriting expert
@ Learning Objective: 3; Cognitive Domain: Knowledge; Answer Location: p. 177; Question Type: MS
b. Authentic documents
@ Learning Objective: 3; Cognitive Domain: Understanding; Answer Location: p. 177; Question Type: MS
@ Learning Objective: 3; Cognitive Domain: Understanding; Answer Location: p. 177; Question Type: MS
@ Learning Objective: 3; Cognitive Domain: Application; Answer Location: p. 177; Question Type: MS
*a. The certificate bears the official seal of the relevant government agency, and the certificate is signed
by an authorized government official indicating that the document is a true copy of the original.
b. The certificate bears the official seal of the relevant government agency, and the certificate is signed
by an authorized government official indicating that the document is the original document.
c. The certificate bears the official seal of the relevant government agency, and the proponent of the
document produces a sworn statement from the government official attesting to the document’s
authenticity.
d. The certificate is signed by an authorized government official indicating that the document is the
original document, and the proponent of the document produces a sworn statement from the
government official attesting to the document’s authenticity.
12. Types of visual images that require authentication include all of the following, except:
@ Learning Objective: 4; Cognitive Domain: Knowledge; Answer Location: p. 178; Question Type: MS
a. Photographs
b. X-rays
d. Video recordings
13. Which of the following is not required to authenticate a photograph?
@ Learning Objective: 4; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: MS
b. A showing that the photograph captures the view at the time of the crime or shortly thereafter
*c. A showing that the photograph was taken prior to any change in circumstances at the scene
a. The judge must call for and listen to evidentiary challenges to the photograph from opposing counsel.
*b. The judge must balance the probative value of the evidence against its prejudicial impact.
c. The judge must instruct the jury of the photograph’s gruesome nature.
d. The judge must inquire as to the expertise and bias of the photographer.
15. Challenges that can be raised when an opposing party attempts to introduce a photograph into
evidence include:
b. That the photograph was taken in a manner that distorts the scene
c. That the photograph was taken recently and not close in time to the event
@ Learning Objective: 4; Cognitive Domain: Knowledge; Answer Location: p. 179; Question Type: MS
@ Learning Objective: 4; Cognitive Domain: Application; Answer Location: p. 179; Question Type: MS
*b. Whether or not the photograph or video recording is admitted into evidence is subject to the
discretion of the court.
c. The court must instruct the jury of the evidentiary value of the photograph or video recording.
d. The photograph or video recording can be viewed by the jury in an edited version.
18. Under the silent witness theory, which of the following is not part of the authentication process?
@ Learning Objective: 4; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: MS
*a. Someone must testify that the video tape from a surveillance camera fairly and accurately portrays
the events that occurred based on his or her personal knowledge.
b. The video tape from the surveillance camera depicts a date and time.
c. The video tape from the surveillance camera shows no evidence of having been edited or tampered
with.
d. There is testimony identifying individuals depicted in the video tape from the surveillance camera.
19. The authentication of medical images requires all of the following, except:
@ Learning Objective: 4; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: MS
*b. That the images are an accurate representation of the patient’s condition
c. That the machine that took the images was in functioning order and operated by a qualified
technician
20. Which of the following statements is true about voice communication as evidence?
@ Learning Objective: 6; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: MS
*a. Voice communications must be authenticated when a party wants to establish that a statement was
made by a specific person.
c. Voice communications are admissible only when the person who was recorded authenticates the
communication.
d. Voice communications must be authenticated by the opposing party before being introduced into any
legal proceeding.
21. Under Federal Rule of Evidence 901, voice communications can be authenticated by:
@ Learning Objective: 5; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: MS
b. The fact that the speaker disclosed knowledge of specific facts within the particular knowledge of an
individual
c. An expert witness
@ Learning Objective: 7; Cognitive Domain: Knowledge; Answer Location: p. 180; Question Type: MS
23. Under Federal Rule 1002, which of the following would qualify as an original writing?
@ Learning Objective: 7; Cognitive Domain: Knowledge; Answer Location: p. 181; Question Type: MS
e. Only a and c
24. A party is required to produce the original writing in all of the following circumstances, except when:
@ Learning Objective: 7; Cognitive Domain: Application; Answer Location: p. 181; Question Type: MS
*b. The party seeks to prove that the document records the subject of the witness’s testimony
c. The party seeks to prove that the signature on the document is the that of the witness
d. The party seeks to prove the essence of the agreement between the parties
25. Federal Rule 1004 provides four circumstances when an original document is not required. The four
circumstances include all of the following, except:
@ Learning Objective: 7; Cognitive Domain: Analysis; Answer Location: pp. 181–182; Question Type: MS
a. The person who has possession of the original document is outside of the court’s jurisdiction, and
there is no legal mechanism in place to obtain the document.
b. The party who plans to introduce the document has destroyed the document as part of normal
business practices.
*c. The document is important to the case, and its contents are central to establishing a material fact.
d. The party against whom the document is admitted has possession of the original document and
refuses to produce it.
26. Evidence, such as oral testimony, that a party seeks to rely on to prove the contents of an original
document is:
@ Learning Objective: 7; Cognitive Domain: Analysis; Answer Location: p. 182; Question Type: MS
a. Inadmissible evidence
c. Hearsay evidence
d. Immaterial evidence
@ Learning Objective: 5; Cognitive Domain: Knowledge; Answer Location: p. 183; Question Type: MS
d. To establish motive
28. All of the following criteria are required in order for a party to use a computer-generated three-
dimensional image, except:
@ Learning Objective: 5; Cognitive Domain: Understanding; Answer Location: p. 183; Question Type: MS
a. The item being offered is a reasonable replica of the object being portrayed.
*c. The replica is supported by expert testimony as to its accurate depiction of the original.
@ Learning Objective: 8; Cognitive Domain: Understanding; Answer Location: p. 184; Question Type: MS
30. Which of the following statements are true about documentary evidence?
c. The party introducing the documentary evidence must authenticate the document.
c. Are the same as the requirements under the Federal Rules of Evidence
d. Both a and c
32. Which of the following individuals would be permitted to authenticate defendant Tom Smith’s
handwriting at trial?
@ Learning Objective: 2; Cognitive Domain: Application; Answer Location: p. 175; Question Type: MS
a. Mary Smith, Tom’s mother, who regularly received letters from Tom while he was in custody awaiting
his trial
b. Jerry, Tom’s cellmate, who often read Tom’s handwritten letters to his attorney
c. Harry, Tom’s co-defendant, who watched Tom write the document in question
33. Which of the following persons would qualify to give testimony concerning the detection of erasures
or modifications to a document that is being introduced in trial?
@ Learning Objective: 2; Cognitive Domain: Understanding; Answer Location: p. 175; Question Type: MS
a. A handwriting expert
@ Learning Objective: 3; Cognitive Domain: Knowledge; Answer Location: p. 177; Question Type: MS
a. Forged documents
b. Unauthenticated documents
d. Best evidence
35. What is required of foreign government records to have the documents be self-authenticating?
@ Learning Objective: 2; Cognitive Domain: Understanding; Answer Location: p. 177; Question Type: MS
a. A representative of the issuing government must deliver the documents directly to the court.
*b. A certificate of genuineness signed by a responsible official must accompany the documents.
c. An official from the issuing government must appear as a witness and testify to the document’s
authenticity.
36. Authentication of a document means establishing that the document is accurate or truthful.
@ Learning Objective: 1; Cognitive Domain: Understanding; Answer Location: p. 173; Question Type: TF
a. True
*b. False
37. Methods of authenticating evidence are limited to those methods specifically outlined in Federal
Rule of Evidence 910.
@ Learning Objective: 1; Cognitive Domain: Understanding; Answer Location: p. 174; Question Type: TF
a. True
*b. False
38. Compelling an accused to produce a handwriting exemplar does not violate the accused’s right
against self-incrimination.
@ Learning Objective: 2; Cognitive Domain: Understanding; Answer Location: p. 175; Question Type: TF
*a. True
b. False
39. Mary’s attorney introduces and gets admitted into evidence a document specially identified in Rule
902 as self-authenticating. The opposing attorney’s attempt to inauthentic the document will not be
allowed since the documents authenticity has already been conclusively established.
@ Learning Objective: 3; Cognitive Domain: Application; Answer Location: p. 177; Question Type: TF
a. True
*b. False
@ Learning Objective: 3; Cognitive Domain: Knowledge; Answer Location: p. 177; Question Type: TF
*a. True
b. False
41. A medical image, such as an X-ray, is authenticated by testimony that it is an accurate representation
of a patient’s condition.
@ Learning Objective: 4; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: TF
a. True
*b. False
42. A photograph can by authenticated only by the testimony of the person who actually took the
photograph.
@ Learning Objective: 4; Cognitive Domain: Understanding; Answer Location: p. 179; Question Type: TF
a. True
*b. False
43. Courts typically allow the use of replica models to illustrate testimony.
@ Learning Objective: 5; Cognitive Domain: Knowledge; Answer Location: p. 183; Question Type: TF
*a. True
b. False
44. The best evidence rule applies to all types of demonstrative evidence.
@ Learning Objective: 7; Cognitive Domain: Understanding; Answer Location: p. 182; Question Type: TF
a. True
*b. False
@ Learning Objective: 2; Cognitive Domain: Understanding; Answer Location: p. 182; Question Type: TF
*a. True
b. False
@ Learning Objective: 5; Cognitive Domain: Knowledge; Answer Location: p. 178; Question Type: TF
*a. True
b. False
47. The court must admit video recording into evidence if the offering party demonstrates that the video
recording is relevant and is authenticated.
@ Learning Objective: 4; Cognitive Domain: Understanding; Answer Location: p. 178; Question Type: TF
a. True
*b. False
48. The voice on an audio recording can be authenticated based on the fact that the speaker disclosed
knowledge of specific facts within the particular knowledge of that person.
@ Learning Objective: 6; Cognitive Domain: Knowledge; Answer Location: p. 179; Question Type: TF
*a. True
b. False
49. Under the Federal Rules of Evidence, in most instances, a duplicate of a document may be admitted
to the same extent as the original.
@ Learning Objective: 7; Cognitive Domain: Knowledge; Answer Location: p. 181; Question Type: TF
*a. True
b. False
50. Requiring the defendant to reveal a tattoo on his upper thigh in court is within the judge’s discretion.
@ Learning Objective: 8; Cognitive Domain: Application; Answer Location: p. 184–185; Question Type:
TF
*a. True
b. False
Type: E
*a. Student responses should include that self-authenticating documents typically display a seal or other
visible display of authenticity, making the authenticity of the document clear from the face of the
document.
Learning Objective: 3; Cognitive Domain: Understanding; Answer Location: p. 177; Question Type: SA
Type: E
*a. Student responses should include standards of reliability, to protect against forgeries, and to guard
against claims against a document that does exist.
Learning Objective: Understanding; Cognitive Domain: 1; Answer Location: p, 173; Question Type: SA
Type: E
*a. Student responses should include a demonstration that the process is accurate, that the machine
was in functioning order and was operated by a qualified technician, and that there was a clear custodial
chain of evidence.
Learning Objective: 4; Cognitive Domain: Knowledge; Answer Location: p. 179; Question Type: SA
Type: E
54. Explain why the best evidence rule has lost much of its significance in today’s courtrooms?
*a. Student responses should include a discussion of the broad notion of what constitutes an original
and the admissibility of duplicates.
Learning Objective: 7; Cognitive Domain: Understanding; Answer Location: p. 181; Question Type: SA
Type: E
55. How does a court handle an in-court exhibition of a physical characteristic when revealing the
physical characteristic in open court would be embarrassing?
*a. Student response should include that an impartial individual would observe the physical
characteristic outside of court and then testify about what he or she observed.
Learning Objective: 8; Cognitive Domain: Application; Answer Location: p. 185; Question Type: SA
Type: E
56. Explain how the ancient documents rule was used against certain persons who immigrated to
America following World War II.
*a. Student responses should include the rule applied to documents and identification cards to link
individuals who emigrated to the United States following WWII due to their involvement in Nazi war
crimes. The documents provide grounds to deprive the persons of citizenship and subject them to
deportation or extradition. The court required a showing that the documents were reliable, had not
been modified, and were found in files where such documents may be expected to be located. (U.S. v.
Stelmokas)
Learning Objective: 2; Cognitive Domain: Application; Answer Location: p. 176; Question Type: ESS
Type: E
57. Why has the Federal Rules of Evidence expanded the authentication requirement beyond the
common law requirement that authentication pertained solely to documents that were offered into
evidence at trial?
*a. Student responses should include the types of evidence now available that did not exist when
common law was the dominant source of law, such as medical images, photographs, audio and visual
recordings, computer generated images, and three-dimensional replicas, so on.
Learning Objective: 1; Cognitive Domain: Analysis; Answer Location: p. 173-188; Question Type: ESS
Type: E
58. In most instances, the Federal Rules of Evidence allow for the admission of a duplicate to the same
extent as the original. Under what circumstances do the Rules find a duplicate not an acceptable
alternative to the original document?
Learning Objective: 7; Cognitive Domain: Understanding; Answer Location: p. 181; Question Type: ESS
Type: E
59. What factors justify the Federal Rules of Evidence determination that some documents are self-
authenticating?
*a. Student responses should include discussion of the documents possessing an official seal or some
other visual display of authenticity on the document, that the authenticity is clear from the face of the
document, and the time-saving value of self-authentication.
Learning Objective: 3; Cognitive Domain: Understanding; Answer Location: p. 177; Question Type: ESS
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