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Question
According to the Supreme Court in the Daubert decision, what are the five factors trial courts should assess to determine scientific validity of a scientific theory or technique?Answer
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Related questions
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What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?
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If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.
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The hearsay rule forbids only statements offered to prove the _____of the matter asserted.
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In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a(n) _____________ by a party-opponent.
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The rule against hearsay and the _____ Amendment Confrontation Clause address similar problems.
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The Star Chamber trials are among the most infamous in English history.
a. True
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Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay.
a. True
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The 1603 trial of William Penn sparked interest in reforming the law of hearsay.
a. True
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Exceptions to the law of hearsay evidence tend to be simple and straight forward.
a. True
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What are the requirements of the physician"patient privilege? What are some of the exceptions created in some jurisdictions?
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What is the police"informant privilege? What is its rationale, and what are some exceptions to this privilege?
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The privilege against self-incrimination applies only to testimonial or _____________ evidence.
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The president of the U.S. has no privilege with regard to confidential communications with top advisors.
a. True
b. False
Q:
Every jurisdiction recognizes a parent"child privilege.
a. True
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The attorney"client privilege was not recognized at common law.
a. True
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Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law",
a. scientific
b. conceptual
c. proven
d. absolute
Q:
About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions.
a. one-quarter
b. one-third
c. half
d. two-thirds
Q:
An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused.
a. administrative
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Q:
The marital privilege _____.
a. was not recognized at common law
b. is not recognized in federal courts
c. is recognized in about half the states
d. is recognized in all jurisdictions
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The oldest application of judicial notice is for _____.
a. matters generally known within the community or state
b. principles that are generally accepted by reputable scientists
c. the identity of defendants
d. published official records
Q:
Judicial notice is permitted _____.
a. in all jurisdictions except the federal courts
b. in the federal courts but not state courts
c. in a majority of jurisdictions
d. in all jurisdictions
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Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____.
a. psychologist
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For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence.
a. Ginsburg
b. Alito
c. Connor
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Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt.
a. RFD
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In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence.
a. 402
b. 502
c. 602
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Prior to the Supreme Court's Daubert decision, federal courts used a _____ test.
a. general acceptance
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If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques.
a. hearsay exceptions
b. judicial notice
c. positive objections
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Circumstantial evidence is evidence that proves a fact in issue _____.
a. indirectly or by inference
b. directly by eyewitness testimony
c. only by the use of presumptions
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Proof is demonstrated by _____.
a. evidence
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The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt.
a. True
b. False