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UPTP TEST 1 FINAL EXAM PREP 2025/2026 ACCURATE
QUESTIONS WITH CORRECT DETAILED ANSWERS ||
100% GUARANTEED PASS <NEWEST VERSION>
Uncharged Misconduct that May be Admissible
.......Answer.........Motive, intent, knowledge, plan or preparation,
opportunity to commit the crime, modus operandi, identity of the
perpetrator, impeachment by contradiction, predisposition to
defeat entrapment.
Direct Evidence .......Answer.........Tends to prove a fact directly
and without the need to draw an inference or a conclusion about
what the evidence implies or suggests must also be true or false.
Circumstantial Evidence .......Answer.........Tends to prove a fact
indirectly through an inference, deduction, or conclusion.
Lay Witness Opinion Requirements .......Answer.........1. Opinion is
rationally based on witness' perception and personal knowledge
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2. Opinion is helpful to a clear understanding of the witness'
testimony or the determination of a fact in issue.
Lay Witness Opinion .......Answer.........opinion is not one that is
based on scientific, technical, or other specialized knowledge
Proper Lay Witness Opinion Examples
.......Answer.........handwriting and voice identification, emotional
condition, not requiring scientific/technical knowledge
Expert Witness Requirements .......Answer.........to testify about a
scientific or technical matter, or other areas of specialized
knowledge, the witness must be qualified by their knowledge,
skill, expertise, training, or education (FRE 702)
FRE .......Answer.........Federal Rules of Evidence
Impeachment .......Answer.........an attack on the credibility of a
witness, can cause for witness to be rehabilitated
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Factors that Affect Witness Credibility .......Answer.........bias,
motive to fabricate testimony, inability to observe or accurately
remember, contradiction, prior inconsistent statements, specific
incidents of conduct that indicate a witness is untruthful, prior
convictions to show untruthfulness (FRE 609)
Laying a Foundation for Evidence .......Answer.........must show,
usually through testimony, that the evidence is what the party
offering it claims it to be
Chain of Custody .......Answer.........documents where the evidence
has been and who has handled it from the time it was discovered
until the time it was offered in court and any alterations to it
Evidentiary Foundation Challenges .......Answer.........foundation
witness cannot identify item at trial,
unmarked/mismarked/incomplete tags/bags/chain of custody
documents, broken chain of custody, failure to wear protective
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garb & obliterating trace evidence or contaminating the scene,
improper storage of evidence, re-use of evidence
tape/swabs/bags/seals, documents or evidence marked in such
a way that the evidence is 'altered', work done on originals
instead of copies, combining separate pieces of evidence found
in different places into a single collection of evidence
Statements' and Reports' Use in Courtroom Testimony &
Testimony Preparation .......Answer.........most often, cannot be
used while giving testimony
Use of Items to Refresh Memory .......Answer.........notes, diagrams,
photos, reports, sketches, etc may be used to refresh the memory
of a witness; any item used to refresh memory must be made
available to the opposite party
US Federal District Courts .......Answer.........federal felony trial
courts, authorized to try misdemeanors, but typically do not
UPTP TEST 1 FINAL EXAM PREP 2025/2026 ACCURATE
QUESTIONS WITH CORRECT DETAILED ANSWERS ||
100% GUARANTEED PASS <NEWEST VERSION>
Uncharged Misconduct that May be Admissible
.......Answer.........Motive, intent, knowledge, plan or preparation,
opportunity to commit the crime, modus operandi, identity of the
perpetrator, impeachment by contradiction, predisposition to
defeat entrapment.
Direct Evidence .......Answer.........Tends to prove a fact directly
and without the need to draw an inference or a conclusion about
what the evidence implies or suggests must also be true or false.
Circumstantial Evidence .......Answer.........Tends to prove a fact
indirectly through an inference, deduction, or conclusion.
Lay Witness Opinion Requirements .......Answer.........1. Opinion is
rationally based on witness' perception and personal knowledge
,Page 2 of 71
2. Opinion is helpful to a clear understanding of the witness'
testimony or the determination of a fact in issue.
Lay Witness Opinion .......Answer.........opinion is not one that is
based on scientific, technical, or other specialized knowledge
Proper Lay Witness Opinion Examples
.......Answer.........handwriting and voice identification, emotional
condition, not requiring scientific/technical knowledge
Expert Witness Requirements .......Answer.........to testify about a
scientific or technical matter, or other areas of specialized
knowledge, the witness must be qualified by their knowledge,
skill, expertise, training, or education (FRE 702)
FRE .......Answer.........Federal Rules of Evidence
Impeachment .......Answer.........an attack on the credibility of a
witness, can cause for witness to be rehabilitated
,Page 3 of 71
Factors that Affect Witness Credibility .......Answer.........bias,
motive to fabricate testimony, inability to observe or accurately
remember, contradiction, prior inconsistent statements, specific
incidents of conduct that indicate a witness is untruthful, prior
convictions to show untruthfulness (FRE 609)
Laying a Foundation for Evidence .......Answer.........must show,
usually through testimony, that the evidence is what the party
offering it claims it to be
Chain of Custody .......Answer.........documents where the evidence
has been and who has handled it from the time it was discovered
until the time it was offered in court and any alterations to it
Evidentiary Foundation Challenges .......Answer.........foundation
witness cannot identify item at trial,
unmarked/mismarked/incomplete tags/bags/chain of custody
documents, broken chain of custody, failure to wear protective
, Page 4 of 71
garb & obliterating trace evidence or contaminating the scene,
improper storage of evidence, re-use of evidence
tape/swabs/bags/seals, documents or evidence marked in such
a way that the evidence is 'altered', work done on originals
instead of copies, combining separate pieces of evidence found
in different places into a single collection of evidence
Statements' and Reports' Use in Courtroom Testimony &
Testimony Preparation .......Answer.........most often, cannot be
used while giving testimony
Use of Items to Refresh Memory .......Answer.........notes, diagrams,
photos, reports, sketches, etc may be used to refresh the memory
of a witness; any item used to refresh memory must be made
available to the opposite party
US Federal District Courts .......Answer.........federal felony trial
courts, authorized to try misdemeanors, but typically do not
