Criminal Evidence and Procedure-

Question 1 - The primary purpose of judicial notice is to

	protect the rights of defendants.
	assure a fair trial for both parties.
	give the judge more control over the proceedings.
	save time and effort.

Question 2 - Judicial notice is permitted

	in all jurisdictions except the federal courts.
	in the federal courts but not state courts.
	in a majority of jurisdictions.
	in all jurisdictions.

Question 3 - The oldest application of judicial notice is for

	matters generally known within the community or state.
	scientific principles.
	the identity of defendants.
	published official records.

Question 4 - The privilege against self-incrimination is found in the __________ Amendment.

	Fourth
	Fifth
	Sixth
	Eighth

Question 5 - A person can assert the privilege against self-incrimination

	only at criminal proceedings.
	only in civil proceedings.
	only at the grand jury.
	at any judicial proceeding.

Question 6 - People can assert the privilege against self-incrimination only for ___________ evidence.

	physical or scientific evidence
	testimonial or communicative
	bodily
	exculpatory

Question 7 - The oldest confidential communication privilege known to the common law was the ____________ privilege.

	attorney-client
	priest-penitent
	doctor-patient
	reporter-source

Question 8 - The attorney-client privilege does not apply when the client informs the attorney of

	past crimes.
	planned crimes.
	incriminating information.
	the source of the money for the attorney's fee.

Question 9 - It has been held that courts should not take _______________of facts that are an element of the crime charged or serve as the basis for increased prison sentences.

	judicial notice
	presumption
	bias opinion
	omission

Question 10 - The husband-wife (marital) privilege

	was not recognized at common law.
	is not recognized in federal courts.
	is recognized in about half the states.
	is recognized in all jurisdictions.

Question 11 - Which of the following is an exception to the marital privilege?

	when one spouse has committed a crime against another
	when one of the spouses has been unfaithful to the other
	when one of the spouses has committed a crime
	when one spouse has been married before

Question 12 - The physician-patient privilege

	did not exist at common law.
	entered the common law in the 1700s.
	is designed to protect the physician.
	is recognized only if the physician collects a fee.

Question 13 - In jurisdictions with a psychotherapist-patient privilege, there is usually an exception for

	patients who are insane.
	patients who do not really need treatment.
	dangerous patients.
	patients who are psychotic.

Question 14 - Prosecutors generally have a privilege not to reveal the

	exculpatory evidence in their possession.
	agency by which they are employed.
	identity of confidential informants.
	fact that they were working undercover.

Question 15 - Federal statutes give federal employees a privilege not to reveal

	their employment.
	communications from foreign governments.
	communications between embassy employees.
	military or diplomatic secrets vital to national security.

Question 16 - An informant's privilege is not an ______ privilege and must give way when there is a compelling need to protect the rights of the accused.

	administrative
	judicial
	prosecutorial
	absolute

Question 17 - Many states have a ________ privilege, meaning a journalist can refuse to disclose sources, but must make available other information acquired through reporting activities.

	administrative
	qualified
	subjective
	absolute

Question 18 - About _________ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions.

	one-third
	fifty percent
	two-thirds
	one-half

Question 19 - Courts have long held that judicial notice may be taken of _______theories that have been so established that they have "attained the status of scientific law",

	scientific
	conceptual
	proven
	absolute

Question 20 - The Fifth Amendment privilege against self-incrimination is the _____ privilege that has been incorporated into the U.S. Constitution and many state constitutions.

	state
	qualified
	primary
	only

Question 21 - The purpose of judicial notice is to protect the privilege against self-incrimination.

True False

Question 22 - A judge can take judicial notice of facts that are known solely to the judge.

True False

Question 23 - The privilege against self-incrimination applies to handwriting and speech exemplars.

True False

Question 24 - The privilege against self-incrimination is found in the Fifth Amendment.

True False

Question 25 - The privilege against self-incrimination can be asserted only in criminal proceedings.

True False

Question 26 - If a person asserts their Miranda privilege to remain silent during police questioning, that silence can be used as evidence of guilt.

True False

Question 27 - The attorney-client privilege was not recognized at common law.

True False