Documentary Evidence: Types, Admissibility, and Relevance in Criminal Justice

Question 1

Which of the following is NOT a characteristic of business records admissible as evidence?

Accepted Answer

Based solely on hearsay

Answer

Created during the ordinary course of business

Answer

Reliable and trustworthy

Answer

Kept in the regular course of business

Question 2

What type of documentary evidence represents a written agreement between two or more parties?

Accepted Answer

Contract

Answer

Email

Answer

Telephone conversation

Answer

Video recording

Question 3

What is the primary significance of the original document rule in documentary evidence?

Accepted Answer

Permits the use of copies instead of original documents

Answer

Requires the presence of the original document in court proceedings

Answer

Applies exclusively to contracts and business records

Answer

Has been abolished in most jurisdictions

Question 4

Under which circumstances may a witness be allowed to testify about the contents of a lost or destroyed document?

Accepted Answer

Any of the above

Answer

When the original document is no longer retrievable

Answer

When the original document's whereabouts are unknown

Answer

When the witness possesses direct knowledge of the document's contents

Question 5

Which of the following hearsay exceptions allows for the admission of statements made under the influence of excitement?

Accepted Answer

Excited utterance

Answer

Present sense impression

Answer

Dying declaration

Answer

Business records

Question 6

What is the primary purpose of authenticating documentary evidence?

Accepted Answer

To establish its authenticity and source

Answer

To ensure its relevance and materiality

Answer

To negate any potential objections to its admissibility

Answer

To prove its truthfulness

Question 7

Which of the following methods can be used to authenticate a photograph?

Accepted Answer

Any of the above

Answer

Testimony of the individual who captured the photograph

Answer

Comparison with photographs of known authenticity

Answer

Analysis of the photograph's digital metadata

Question 8

Which of the following is a key characteristic of admissible business records?

Accepted Answer

Made during the regular course of business

Answer

Exclusively prepared for litigation purposes

Answer

Created by an individual with direct knowledge of the events recorded

Answer

Used to establish the truth of the matters asserted in the document

Question 9

Which of the following is NOT considered a type of electronic communication that can be admitted as documentary evidence?

Accepted Answer

Original handwritten notes

Answer

Emails

Answer

Text messages

Answer

Social media posts

Question 10

Which type of documentary evidence is commonly used to establish the terms of a contract?

Accepted Answer

Original document

Answer

Deposition

Answer

Affidavit

Answer

Certified copy

Question 11

Which of the following is NOT a potential challenge associated with using electronic communications as evidence?

Accepted Answer

They are inherently more reliable than written documents.

Answer

They can be easily altered or deleted.

Answer

They are often stored in a non-permanent format.

Answer

They can be difficult to authenticate.

Question 12

Which of the following is NOT a factor that may influence the weight accorded to documentary evidence by a jury?

Accepted Answer

The design and appearance of the document

Answer

The credibility of the person who created the document

Answer

The completeness and accuracy of the document

Answer

The timeliness of the document's creation

Question 13

Which of the following is NOT considered a type of business record admissible in criminal proceedings?

Accepted Answer

Personal letters

Answer

Payroll records

Answer

Tax returns

Answer

Customer receipts

Question 14

Which exception to the hearsay rule allows the admission of business records?

Accepted Answer

Public records exception

Answer

Excited utterance exception

Answer

Present sense impression exception

Answer

Ancient documents exception

Question 15

In legal proceedings, what methods are used to ensure the authenticity of electronic communications, and how do these methods overcome potential challenges?

Accepted Answer

Employing digital signatures and encryption to verify the sender's identity and prevent unauthorized modifications.

Answer

Solely relying on timestamps to establish the communication's creation or transmission time.

Answer

Accepting electronic communications without authentication, assuming their genuineness.

Answer

Requiring witnesses to attest to the communication's authenticity based on their personal knowledge or observations.

Question 16

Which type of hearsay exception allows the admission of records routinely kept by a business as part of its regular activities?

Accepted Answer

Business records exception

Answer

Excited utterance

Answer

Present sense impression

Answer

Dying declaration

Question 17

What is the primary distinction between public and private documents in terms of their admissibility as evidence?

Accepted Answer

Public documents are admissible without further proof, while private documents require proof of authenticity

Answer

Private documents are admissible without further proof, while public documents require proof of authenticity

Answer

There is no legal distinction between public and private documents

Answer

Public documents are created by government agencies, while private documents are created by individuals

Question 18

What is the primary role of the court in determining the admissibility of documentary evidence?

Accepted Answer

To decide whether the evidence is relevant, material, authentic, and not unfairly prejudicial

Answer

To defer to the decision of the party offering the evidence

Answer

To admit all documentary evidence offered by the parties without question

Answer

To exclude all documentary evidence offered by the parties unless it is specifically authorized by law

Question 19

Which of the following is a common ground for objecting to the admissibility of hearsay evidence?

Accepted Answer

Lack of trustworthiness

Answer

Lack of competency

Answer

Lack of relevance

Answer

Lack of foundation

Question 20

What is the purpose of a motion in limine?

Accepted Answer

To request the court to exclude evidence before trial

Answer

To request the court to admit evidence before trial

Answer

To object to the admission of evidence at trial

Answer

To request a continuance

Question 21

What is the primary significance of the chain of custody for documentary evidence?

Accepted Answer

It ensures that the evidence has not been tampered with or altered

Answer

It establishes the authenticity of the evidence

Answer

It proves the relevance of the evidence

Answer

It prevents the admission of the evidence at trial

Question 22

Which type of document is automatically considered valid without the need for additional verification?

Accepted Answer

Original deeds conveying real estate ownership

Answer

Medical records from a healthcare professional

Answer

Copies of bank statements

Answer

Electronic communications, such as emails or text messages

Question 23

When evaluating the admissibility of a business record in a criminal trial, which factors are most important to consider?

Accepted Answer

Relevance to the case and adherence to the foundational requirements for admissibility as an exception to the hearsay rule

Answer

Whether the document is a public record

Answer

Whether the document has been properly notarized

Question 24

When authenticating electronic communications as documentary evidence, what is a key concern?

Accepted Answer

Preserving the data's integrity

Answer

Establishing the sender's intent

Answer

Determining the exact time and date of the communication

Question 25

Which of the following is NOT a requirement for a business record to be admissible as documentary evidence?

Accepted Answer

Signature of a notary public

Answer

Made within a reasonable time after the transaction occurred

Answer

Prepared by a qualified individual with personal knowledge

Answer

Regularly kept in the course of business

Question 26

A contract is a type of documentary evidence that:

Accepted Answer

Creates a legally binding obligation between the parties

Answer

Is admissible as hearsay

Answer

Can be used to impeach a witness's credibility

Question 27

Which of the following statements about prior convictions is true?

Accepted Answer

They can be admissible as documentary evidence to impeach a witness's credibility, but not as substantive evidence of guilt

Answer

They are only admissible if the witness was convicted within the last 10 years

Answer

They can be used as substantive evidence of guilt

Question 28

The hearsay rule prohibits the admission of out-of-court statements:

Accepted Answer

Unless an exception applies, such as an excited utterance or dying declaration

Answer

Only when the declarant is unavailable

Answer

Always

Answer

Never

Question 29

Which of the following is considered a public record?

Accepted Answer

A birth certificate

Answer

A personal photograph

Answer

A private diary

Answer

A letter from a friend

Question 30

The best evidence rule requires that:

Accepted Answer

The original document be produced when possible, or a satisfactory explanation provided for its absence

Answer

The judge decide which version of the document is most reliable

Answer

The witness explain why the original document is unavailable

Answer

The copy of the document be notarized

Question 31

The parol evidence rule prohibits:

Accepted Answer

The introduction of extrinsic evidence to vary the terms of a written contract, unless the contract is ambiguous

Answer

The admission of oral statements made during contract negotiations

Answer

The use of expert testimony to interpret a contract

Question 32

Which of the following is a privilege that can prevent a witness from testifying about certain types of communications?

Accepted Answer

Attorney-client privilege

Answer

Authentication privilege

Answer

Best evidence privilege

Answer

Hearsay privilege

Question 33

Which of the following is NOT a type of documentary evidence commonly used in criminal justice?

Accepted Answer

Oral testimony

Answer

Business records

Answer

Contracts

Question 34

What is the primary purpose of the business records exception to the hearsay rule?

Accepted Answer

To admit written records made in the regular course of business as evidence of their asserted facts.

Answer

To admit expert testimony based on underlying facts or data.

Answer

To exclude hearsay statements that are against the interest of the declarant.

Question 35

What is the difference between an original and a duplicate document in terms of admissibility?

Accepted Answer

An original is generally preferred, but a duplicate may be admissible if the original is unavailable.

Answer

Originals are always admissible, while duplicates are never admissible.

Question 36

What is the best practice for handling documentary evidence during an investigation?

Accepted Answer

Maintain the chain of custody to ensure its authenticity.

Answer

Alter the document to make it more legible.

Answer

Destroy the document if it is not relevant.

Question 37

Which of the following is an advantage of using documentary evidence in court?

Accepted Answer

It can provide objective and reliable evidence.

Answer

It is always more persuasive than eyewitness testimony.

Answer

It is difficult to present effectively to a jury.

Answer

It is easy to alter or fabricate.

Question 38

What ethical consideration should be taken into account when using documentary evidence?

Accepted Answer

Ensuring the accuracy and authenticity of the document.

Answer

Altering the document to make it more favorable to your case.

Answer

Withholding documents that may be harmful to your case.

Question 39

Which of the following is NOT a common type of documentary evidence?

Accepted Answer

Fingerprint analysis

Answer

Electronic communications

Answer

Business records

Answer

Contracts

Question 40

What is the main purpose of the 'Best Evidence Rule'?

Accepted Answer

To ensure that the most reliable and accurate evidence is presented in court.

Answer

To prevent the introduction of hearsay evidence.

Answer

To limit the amount of evidence that can be presented.

Question 41

What kind of documentary evidence is created and maintained in the ordinary course of business?

Accepted Answer

Business records

Answer

Government reports

Answer

Personal letters

Answer

Newspaper articles

Question 42

Which of the following is an exception to the hearsay rule that allows the admission of documentary evidence?

Accepted Answer

Public records exception

Answer

Res gestae exception

Answer

Dying declaration exception

Answer

Excited utterance exception

Question 43

What is the purpose of obtaining a 'certified copy' of a document?

Accepted Answer

To provide a legally acceptable substitute for the original document.

Answer

To prevent the document from being altered.

Answer

To enhance the credibility of the document.

Question 44

Which of the following technologies can be used to ensure the authenticity of electronic documents?

Accepted Answer

Digital signatures

Answer

Voice recognition

Answer

Biometric identification

Answer

Facial recognition

Question 45

What is a possible consequence of spoliation of evidence in a criminal case?

Accepted Answer

Sanctions against the responsible party.

Answer

It only affects the credibility of the evidence.

Answer

It automatically results in the dismissal of the case.

Question 46

What is a key advantage of using documentary evidence?

Accepted Answer

It provides a permanent record of events.

Answer

It is always more reliable than oral testimony.

Answer

It is not subject to cross-examination.

Answer

It is easy to obtain and authenticate.

Question 47

What is the primary responsibility of the custodian of a document?

Accepted Answer

To ensure the authenticity and integrity of the document.

Answer

To present the document in court.

Answer

To interpret the document's contents.

Question 48

A detective finds a handwritten note in a suspect's apartment outlining a robbery plan. What type of documentary evidence is this?

Accepted Answer

Personal Document

Answer

Public Record

Answer

Business Record

Answer

Electronic Communication

Question 49

Which of these is NOT a requirement for a business record to be admissible as evidence in court?

Accepted Answer

The record must be signed by a witness.

Answer

The record must be made at or near the time of the event.

Answer

The record must be made in the regular course of business.

Answer

The record must be made by a person with knowledge of the event.

Question 50

A police officer finds a receipt in a suspect's car indicating a weapon purchase. Which factor is NOT relevant to determining if the receipt is admissible evidence?

Accepted Answer

The officer's personal opinion about the suspect's guilt.

Answer

The receipt's chain of custody.

Answer

The receipt's relevance to the crime.

Question 51

An email between two individuals discussing a crime is discovered. What is the MOST important factor for determining the email's admissibility?

Accepted Answer

Whether the email was obtained legally.

Answer

The date the email was sent.

Answer

The length of the email.

Answer

The email's subject line.

Question 52

A police report is a type of documentary evidence. Which statement BEST describes its potential use in court?

Accepted Answer

It can be used to establish the timeline of events and actions taken by law enforcement.

Answer

It serves as the primary piece of evidence for conviction.

Answer

It can be used to prove the defendant's guilt.

Question 53

A witness claims they saw a suspect holding a gun. Security camera footage shows someone matching the suspect's description at the same location but without a gun. Which legal principle is most relevant to this scenario?

Accepted Answer

Best Evidence Rule

Answer

Hearsay Rule

Answer

Fruit of the Poisonous Tree

Answer

Chain of Custody

Question 54

A detective wants to use emails found on a suspect's computer to get a search warrant. How does the detective need to prove the emails are authentic?

Accepted Answer

By establishing the source and sender of the emails.

Answer

By proving the emails were sent from a public computer.

Answer

By showing the emails are written in the suspect's handwriting.

Question 55

A defendant claims they were not at the crime scene. An ATM receipt with their name and the time of the crime found near the scene is presented as evidence. How does this evidence support the prosecution's case?

Accepted Answer

It contradicts the defendant's alibi.

Answer

It directly proves the defendant committed the crime.

Answer

It shows the defendant's prior criminal history.

Answer

It establishes the defendant's motive for the crime.