Evidence Final

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Indiana University, Bloomington *

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Feb 20, 2024

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FALL 2023 – TAKE HOME – FINAL EXAM EVIDENCE – P-372 December 8, 2023 You may submit the exam to the Social Science main office in CV any time before Tues- day, December 12 th . If you do not submit your exam before December 12 th , you must sub- mit it to me on December 12 th in CV 105 between 9:30 and 10:45 a.m. Answer every question. If you do not answer a question, you lose the point/s for a wrong answer and an additional 2 points for failing to answer. So if an answer is worth 1 point and you do not answer it, you lose 3 points . DO NOT STAPLE YOUR SCANTRON TO YOUR EXAM . Good Luck! TRUE OR FALSE – Use Scan-tron 1. If person’s character is an issue in the case, character evidence has indepen- dent relevance and is not offered for the prohibited purpose of showing con- forming conduct. 2. If a party’s character constitutes an essential element of proof of a charge, claim or defense by a party, that character trait is in issue. 3. The propensity rule was articulated in Cline v. State. 4. The propensity rule forbids evidence offered for the sequence of inferences that one who committed a crime probably has a defect of character. 5. The propensity rule suggests that a person with such a character defect is less likely than others to have committed the act in question. 6. The forbidden inference was articulated in Lannan v. State. 7. Principles of American jurisprudence insist that a person be tried for what he has done, rather than for what he is. 8. Extrinsic act evidence describes 404(b) evidence, i.e., evidence of any conduct other than that at issue in the case. 9. 404(b) applies to any act not part of the charged offense or the conduct on which suit is based, regardless of whether the other act was criminal. 10. 404(b) is inclusionary rather than exclusionary. 11. 404(b) does not render evidence of other conduct inadmissible unless the evi- dence is offered to prove a person’s character and conforming conduct. 1

12. The list of other purposes for which 404(b) evidence may be used is finite, i.e., limited in number. 13. The 404(b) test requires the court to first determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defen- dant’s propensity to commit the charged act. 14. The 404(b) test requires the court to next balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. 15. The party offering the evidence must identify the purpose for which the evi- dence is offered. 16. Upon a defendant’s request in a criminal case the prosecution must give rea- sonable notice of the general nature of the 404(b) evidence the prosecution in- tends to use at trial. 17. Evidence of other crimes, wrongs or acts may be admissible to prove intent, but intent must be at issue before extrinsic act evidence can be admitted for this purpose. 18. Evidence of other crimes, wrongs, or acts may be admitted to prove knowl- edge. 19. 404(b) does not exclude evidence unless it is offered to prove a person’s char- acter and conduct in conformity with that character. 20. There is no exhaustive list of permissible purposes of extrinsic act evidence. 21. In order to rebut an entrapment defense the prosecution must show the defen- dant had a predisposition to commit the offense. 22. A defendant must raise the entrapment defense before extrinsic evidence is admissible. 23. 405 defines two methods by which character may be proven. 24. Privileges exist for the protection of communications that society has deemed worthy of a shroud of secrecy, rather than for the advancement of truth. 25. A privilege may be waived. 26. A skilled witness is a witness that has a degree of knowledge short of that suf- ficient to be declared an expert, but somewhat beyond that possessed by the ordinary jurors. 2

27. A witness qualifies as an expert if his/her knowledge, skill, experience, train- ing, or education is such as to render her opinion testimony useful to the jury. 28. Expert scientific testimony is admissible only if the court is satisfied that the scientific principles upon which the expert testimony rests are reliable. MULTI-GUESS – USE SCAN-TRON 29. Laying the foundation for evidence A. requires a demonstration that the witness is a percipient witness B. requires a showing that the witness was in a spatial and temporal position to obtain personal knowledge of the matters about which he/she is to tes- tify C. demonstrates the existence of the essential elements of some evidentiary principle on which he/she intends to rely D. All of the above E. A and C only 30. Testimony may be A. through direct examination B. through indirect examination C. cross examination D. rebuttal E. All of the above 31. The European method of direct examination is A. adversarial B. inquisitorial C. None of the above 32. A ____________ question suggests the answer. A. double B. compound C. circuitous D. leading E. non-responsive 33. As a practicing attorney 3

A. you will always stipulate to evidence B. you will never stipulate to evidence C. stipulate when it is to your advantage 34. The principal test of propriety of a question on cross examination is A. is whether the questions range beyond the scope of direct examination B. is whether the questioning violates IRE 909 C. is whether the questioning violated IRE 401 35. Tangible evidence A. is real evidence B. is direct evidence C. must be qualified for receipt into evidence D. All of the above 36. It important to secure an express ruling by the court on the admission of evi- dence A. to avoid the appearance of inconclusiveness B. to make the record C. to preserve the record D. All of the above E. B and C, only 37. Demonstrative evidence A. is not the real thing B. is tangible material used for explanatory or illustrative purposes C. ordinarily not offered into evidence in manner as real evidence D. All of the above 38. A Motion in Limine A. is an advance ruling on a piece of controversial evidence B. fosters compliance with IRE 103(c) C. is directed to the prejudice caused by questions or statements necessarily made prior to the offer of evidence, rather than to the prejudice caused by the evidence itself D. are designed to exclude prejudicial matters, not matters that are merely ir- relevant E. All of the above 39. On appeal the appellate court gives great _______ to the trial court rulings and will __________ the trial court’s ruling if there is any ground on which the evidence could have been properly excluded. 4

A. thought/overturn B. obsequiousness/undermine C. deference/support D. None of the above 40. Rule 401 describes a process to determine if evidence is ____________. A. remonstrative B. demonstrative C. relevant D. probative E. prejudicial 41. IRE 402 provides that ____________. A. relevant evidence is admissible B. relevant evidence is admissible unless it is not C. irrelevant evidence is not admissible D. All of the above E. A and B only 42. Probative value is measured against A. the risk of unfair prejudice B. the risk of confusion C. the risk of wasting time D. judicial comity E. All of the above 43. The Court may exclude relevant evidence under _________________. A. IRE 308 B. IRE 909 C. IRE 1001 D. IRE 403 E. IRE 701 44. IRE 403 does not apply in A. bench trials B. in jury trials C. small claims trials D. A and C above E. IRE 701 5

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