Relevant evidence? (Rule 401) - ANSWERS-Evidence must be relevant to be
admissible. Evidence is relevant if it has any tendency to prove or disprove a fact
that is an issue in the trial
QUESTION 2
Categories of relevance in reference to evidence? - ANSWERS--motive
-intent
-knowledge
-plan or preparation
-opportunity to commit the crime
-modus operandi
-identity of the perpetrator
-impeachment by contradiction
-predisposition to defeat entrapment
END OF
PAGE 1
, LMPT EXAM TEST 4 2024
QUESTION 3
Direct evidence? - ANSWERS-Direct evidence tends to prove a fact directly and
without the need to draw an inference or a conclusion about what the evidence
implies or suggests
QUESTION 4
Circumstantial evidence? - ANSWERS-Tends to prove a fact indirectly through an
inference, deduction, or a conclusion
QUESTION 5
Which is better, direct or circumstantial evidence? - ANSWERS-Neither, there is
no legal difference as to the wait the jury can assign either type
QUESTION 6
Lay witness? - ANSWERS-May offer an opinion about matters that are within the
perception of an ordinary person that results, as one court side, "from the process
of reasoning familiar in every day life" (lay witness opinion)
END OF
PAGE 2
, LMPT EXAM TEST 4 2024
QUESTION 7
Expert witness? - ANSWERS-To testify about a scientific or technical matter or
other area of specialized knowledge, the witness must have qualifications
stemming from their knowledge
QUESTION 8
Examples of lay witness opinions? - ANSWERS--handwriting
-Voice
-emotional condition
-not requiring scientific or technical knowledge
QUESTION 9
Impeachment of a witness? - ANSWERS-" impeachment is an attack on the
credibility of a witness"
-impeachment through cross examination
-impeachment testimony of another witness
-impeachment by introducing other evidence
END OF
PAGE 3
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