1. why would a lawyer conduct an oral deposition instead of written one?
a. it means the deposition is admissible in court.
b. it allows for cross-examination.
c. it is less time consuming.
d. it saves the lawyers money.

2. why is evidence of a habit considered admissible in many cases?
a. because it shows that someone is likely to have been in a specific place at a certain time.
b. because it shows that a regular pattern of behavior results in evidence that is easy to prove.
c. because it shows that someone is not likely to be the type of person to engage in a specific activity.
d. because it shows that a person has a pattern of truthfulness or untruthfulness.

3.which of the following is part of the discovery process? (select all that apply.)
deposition
interrogatory
video testimony
finding evidence

4.why does a judge need to determine what facts of the case a particular piece of evidence is being used to prove?
a. to determine if the evidence is prejudicial or damaging.
b. to enable the lawyers to conduct cross-examination regarding that evidence.
c. to understand if the evidence really does prove that fact.
d. to decide whether or not to that evidence is admissible.

5.when would a judge allow video testimony?
a. if a witness does not want to come to court.
b. if a witness cannot get to the courtroom but is able to testify.
c. if a witness’s deposition does not have enough information.
d. never. video testimony is not allowed in court.

6. what is an excited utterance?
a. something a witness says in the stress of the moment of the incident.
b. something a witness says that describes the event as it is happening.
c. something a witness says during testimony that disproves an out of court statement.
d. something a witness says that must be true because it is against her own best interest.

7.if a witness is alive and well and able to testify, there is no legal reason that something he or she said outside of court is considered admissible in trial.
a. true
b. false

8.based on this passage of rule 804 of the federal rules of evidence, why is this type of statement admissible in a trial?
“a statement that: (a) a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to civil or criminal liability…”
a. because most people do not lie to save themselves from criminal prosecution.
b. because people don’t incriminate themselves unless it is probably true.
c. because it proves that the declarant’s statement is true.
d. because a statement against one’s personal interest is never hearsay.

9. if a witness lives out of state and she cannot come to the courtroom for a trial, what are the options for the lawyers and the judge? (select all that apply.)
a. dismiss the case.
b. have her testify via video.
c. use her deposition testimony.
d. force her to appear in court.