Chapter 14-18 Test General Info

Question 1

Can jurors testify about statements made in deliberation?

Answer 1

No

Question 2

Can jurors testify about the effect of anything on a juror’s vote?

Answer 2

No

Question 3

Can jurors testify about mental processes concerning the verdict?

Answer 3

No

Question 4

Can jurors testify about extraneous prejudicial info improperly brought to the jury’s attention?

Answer 4

Yes

Question 5

Can jurors testify about an outside influence improperly brought upon the jury?

Answer 5

Yes

Question 6

Can a juror testify whether a mistake was made in entering the verdict?

Answer 6

Yes

Question 7

Can every party attack the witnesses’ credibility?

Answer 7

Yes

Question 8

Is extrinsic evidence admissible to attack witness credibility?

Answer 8

Only if it is a non-collateral matter, if it is collateral it is not admissible

Question 9

For a crime that was punishable by death or imprisonment for more than 1 year, the evidence:

Answer 9

• Must be admitted in a civil or criminal case in which the witness isn’t the Defendant
• Must be admitted in a criminal case where witness is the Defendant if the probative value outweighs prejudice

Question 10

If more than 10 years have passed since the witness’ conviction/release, evidence only admissible if:

Answer 10

• Probative value outweighs prejudice

AND

• Proponent gives adverse party reasonable written notice of their intent to use it

Question 11

Is evidence of conviction admissible if it has been the subject of a pardon, annulment, or cert. of rehab?

Answer 11

No

Question 12

Evidence of juvenile convictions is only admissible if:

Answer 12

• offered in a criminal case

AND

• witness other than Defendant

AND

• an adult’s conviction for that offense would be admissible

AND

• evidence necessary to fairly determine guilt or innocence

Question 13

Is evidence of a witness’ religious beliefs admissible to attack credibility?

Answer 13

No

Question 14

Explain what the lawyer has to do regarding prior statements with witnesses.

Answer 14

Lawyer doesn’t have to show witnesses their prior statements, but must show adverse party

Question 15

Can the party object to the court calling a witness at that time?

Answer 15

Yes or at the next time the jury is not present

Question 16

Witnesses must be sequestered except:

Answer 16

• A party who is a natural person (the defendant)
• Officer/employee of a party that’s not a natural person
• A person whose presence a party shows to be essential
• A person authorized by statute to be present

Question 17

Leading questions can only be used:

Answer 17

• On cross
• Hostile witness, adverse party, or witness associated with adverse party

Question 18

Who reserves the right to control mode and order of examining witnesses?

Answer 18

The Court

Question 19

Extrinsic evidence

Answer 19

Evidence other than testimony from the witness currently on the stand

Question 20

Collateral matter vs non-collateral matter

Answer 20

Relevant to the case solely because it impeaches a witness; proves a fact in consequence other than impeachment

Question 21

If a piece of evidence both proves a fact in consequence and impeaches a witness, then it is…

Answer 21

non-collateral

Question 22

When a witness uses a writing to refresh memory, what is the adverse party entitled to do?

Answer 22

• To have writing produced at the hearing
• To inspect it
• To cross-examine the witness about it,
• To introduce in evidence any portion that relates to the witness’s testimony