LMPT Exam 4: Questions & Accurate Answers (Rated
A+)
What are the 3 Types of Evidence? Right Ans - Testimonial
Real
Demonstrative
When do the Federal Rules of Evidence apply? Right Ans - At trial
When does the Federal
Rules of Evidence NOT apply? Right Ans - investigations
affidavits for arrest and search warrants
initial appearances/arraignments
detention and identity hearings
preliminary hearings
suppression hearing
grand jury proceedings
sentencing hearings
If the judge decides the motion to suppress is granted, then the jury does not
get to hear the evidence. Right Ans - You are not allowed to bring it up in
any type of way or it will result in a mistrial.
Getting to know the jury. Jury selection process of questioning prospective
jurors, to ascertain their qualifications and determine any basis for challenge.
Right Ans - voir dire
What is the LEO doing during the Voir Dire? Right Ans - listening carefully,
taking notes, making sure witnesses are ready and making sure exhibits are
right at hand.
What is it called when the lawyers are able to present the jurors with the
expected evidence will show but are not considered evidence? Right Ans -
Opening Statements
Which side is providing the opening statements first? Right Ans -
Government (who has the burden of proof)
, Is evidence presented during the opening statements? Right Ans - No
the case presented by each party in a trial Right Ans - case in chief
Who has the burden of proof and presents the evidence? Right Ans -
Government
What are the 2 ways to keep the jury from considering evidence? Right Ans
- Objections
Suppression
Judge choices between these two options during an objection? Right Ans -
Sustained
Overruled
jury can't consider evidence Right Ans - Sustained
jury gets to consider the evidence Right Ans - Overruled
arguments made by each side's attorney after the cases for the plaintiff and
defendant have been presented Right Ans - Closing Arguments
evidence that proves the fact without need to draw inference/conclusion
Right Ans - Direct Evidence
evidence based on suggestion rather than personal knowledge or
observation? (propensity evidence which is not admissible) Right Ans -
Circumstantial Evidence
What are the factors that can affect witness credibility? Right Ans -
relationship between witness and the accused
motive to fabricate testimony
inability to observe or remember
contradiction of testimony
prior inconsistencies
conduct indicating untruthfulness
Testifies about what was said, heard, or experienced (Typically LEO's are
considered lay witness) Right Ans - Lay witness
A+)
What are the 3 Types of Evidence? Right Ans - Testimonial
Real
Demonstrative
When do the Federal Rules of Evidence apply? Right Ans - At trial
When does the Federal
Rules of Evidence NOT apply? Right Ans - investigations
affidavits for arrest and search warrants
initial appearances/arraignments
detention and identity hearings
preliminary hearings
suppression hearing
grand jury proceedings
sentencing hearings
If the judge decides the motion to suppress is granted, then the jury does not
get to hear the evidence. Right Ans - You are not allowed to bring it up in
any type of way or it will result in a mistrial.
Getting to know the jury. Jury selection process of questioning prospective
jurors, to ascertain their qualifications and determine any basis for challenge.
Right Ans - voir dire
What is the LEO doing during the Voir Dire? Right Ans - listening carefully,
taking notes, making sure witnesses are ready and making sure exhibits are
right at hand.
What is it called when the lawyers are able to present the jurors with the
expected evidence will show but are not considered evidence? Right Ans -
Opening Statements
Which side is providing the opening statements first? Right Ans -
Government (who has the burden of proof)
, Is evidence presented during the opening statements? Right Ans - No
the case presented by each party in a trial Right Ans - case in chief
Who has the burden of proof and presents the evidence? Right Ans -
Government
What are the 2 ways to keep the jury from considering evidence? Right Ans
- Objections
Suppression
Judge choices between these two options during an objection? Right Ans -
Sustained
Overruled
jury can't consider evidence Right Ans - Sustained
jury gets to consider the evidence Right Ans - Overruled
arguments made by each side's attorney after the cases for the plaintiff and
defendant have been presented Right Ans - Closing Arguments
evidence that proves the fact without need to draw inference/conclusion
Right Ans - Direct Evidence
evidence based on suggestion rather than personal knowledge or
observation? (propensity evidence which is not admissible) Right Ans -
Circumstantial Evidence
What are the factors that can affect witness credibility? Right Ans -
relationship between witness and the accused
motive to fabricate testimony
inability to observe or remember
contradiction of testimony
prior inconsistencies
conduct indicating untruthfulness
Testifies about what was said, heard, or experienced (Typically LEO's are
considered lay witness) Right Ans - Lay witness
