Describing Evidence
Which type of evidence has the tendency to make a fact more or less probable?
A) Material evidence
B) Competent evidence
C) Relevant evidence
D) Prima facie evidence
C) Relevant evidence ✅
Which of the following can a court take judicial notice of without requiring proof?
A) A local custom in a small town
B) A public statute
C) A private contract
D) A disputed scientific theory
B) A public statute ✅
Which is NOT the same as a presumption?
A) An inference
B) A mandatory instruction
C) A rebuttable assumption
D) A shift in burden of proof
A) An inference ✅
In a criminal case, the prosecution’s burden of proof is:
A) By a preponderance of the evidence
B) Beyond a reasonable doubt
C) By clear and convincing evidence
D) By probable cause
B) Beyond a reasonable doubt ✅
What type of evidence directly supports the existence of a fact without needing inference?
A) Prima facie evidence
B) Corroborative evidence
C) Direct evidence
D) Contradictory evidence
C) Direct evidence ✅
Judicial notice of the calendar date of July 4th is an example of:
A) Notice of time, days, and dates
B) Notice of geographical facts
C) Notice of words and phrases
D) Presumptive evidence
A) Notice of time, days, and dates ✅
A presumption that can be disproved by evidence to the contrary is called:
A) Conclusive presumption
B) Rebuttable presumption
C) Prima facie evidence
D) Material presumption
B) Rebuttable presumption ✅
In civil cases, the standard burden of proof is usually:
A) Beyond a reasonable doubt
B) By a preponderance of the evidence
C) By clear and convincing evidence
D) Prima facie showing
B) By a preponderance of the evidence ✅
Which term refers to evidence that is legally admissible in court?
A) Competent evidence
B) Relevant evidence
C) Material evidence
D) Presumptive evidence
A) Competent evidence ✅
Courts generally take judicial notice of:
A) Abbreviations like “mph”
B) A defendant’s prior bad acts
C) Expert testimony
D) Eyewitness credibility
A) Abbreviations like “mph” ✅
In criminal cases, mandatory presumptions may violate:
A) Hearsay rules
B) The defendant’s due process rights
C) Statutory interpretation
D) Judicial notice
B) The defendant’s due process rights ✅
A stipulation in court is:
A) A jury instruction
B) An agreement between parties
C) A rebuttable presumption
D) A type of expert evidence
B) An agreement between parties ✅
When two witnesses give opposite accounts of the same fact, this is an example of:
A) Corroborative evidence
B) Contradictory evidence
C) Prima facie evidence
D) Judicial notice
B) Contradictory evidence ✅
Which of the following would most likely be judicially noticed?
A) The weather on a given day
B) The capital of a state
C) A person’s intent
D) A disputed medical diagnosis
B) The capital of a state ✅
Which is an example of a common rebuttable presumption?
A) A person is innocent until proven guilty
B) A child under 7 cannot commit a crime
C) Eyewitness testimony is always accurate
D) Statutory law overrides common law
A) A person is innocent until proven guilty ✅
Which best describes the effect of a stipulation?
A) It removes the need to prove an agreed fact
B) It shifts the burden of proof
C) It serves as prima facie evidence
D) It creates a mandatory presumption
A) It removes the need to prove an agreed fact ✅
Evidence that, unless rebutted, is sufficient to prove a fact is called:
A) Competent evidence
B) Prima facie evidence
C) Corroborative evidence
D) Rebuttable presumption
B) Prima facie evidence ✅
Which scientific/medical fact is most clearly subject to judicial notice?
A) The long-term effects of new gene therapy
B) The boiling point of water
C) A controversial psychological study
D) The cause of a new disease
B) The boiling point of water ✅
Why are presumptions not considered “evidence”?
A) Because they are irrelevant
B) Because they are legal devices shifting burdens
C) Because they require no proof
D) Because they are based on judicial notice
B) Because they are legal devices shifting burdens ✅
When a presumption shifts the burden of production but not the burden of persuasion, who still must ultimately prove the case?
A) The defense
B) The prosecution
C) The jury
D) The judge
B) The prosecution ✅