MOOC 证据法(北京理工大学)1461818169 最新慕课完整章节测试答案

Unit Test 8

1、单选题：
‍Which of the following is not the correct understanding about the burden of proof?​
选项：
A: Generally speaking, the moving party, i.e. the prosecutor or the plaintiff will have the burden of proof.
B: Burden of proof could exist apart from standard of proof.
C: Pay attention to the burden to establish the existence or non existence of each "elements".
D: Clear and convincing is a kind of burden of persuasion.
答案: 【 Burden of proof could exist apart from standard of proof.】

2、单选题：
‍Which of the following is not the special demand of the arrest standard?​
选项：
A: Have evidence to prove a crime happened.
B: The facts are clear, the evidence is reliable and sufficient.
C: Have evidence to prove that the crime was committed by the suspect.
D: The evidence that can prove the suspect commit the crime has been ascertained to be true.
答案: 【 The facts are clear, the evidence is reliable and sufficient.】

3、单选题：
​About the judicial notice,which of the following is not correct?‎
选项：
A: The usual method of establishing adjudicative facts is through the introduction of evidence, ordinarily consisting of the testimony of witnesses.
B: The court must take judicial notice at specific stage of the proceeding.
C: Legal disputes about foreign affairs are generally settled by judicial notice by obtaining the information directly from the office of the Secretary of State (in the United States) or the Foreign Secretary (in the United Kingdom).
D: During the prosecution phase of U.S. patent applications, a similar concept to judicial notice is applied by patent examiners, but the process is referred to as taking "official notice".
答案: 【 The court must take judicial notice at specific stage of the proceeding.】

4、单选题：
‏About the reasonable doubt,which of the folloing is not correct?‍
选项：
A: A reasonable doubt is not a doubt based on   sympathy of prejudice or vague idea, it is based on reason and common sense.
B: A reasonable doubt is logically connected to evidence.
C: A reasonable doubt requires absolute certainty.
D: A reasonable doubt is more than just the accused is probably guilty.
答案: 【 A reasonable doubt requires absolute certainty.】

5、多选题：
‏What are the requirments if the evidence is reliable and sufficient?‏
选项：
A: Have evidence to prove that the crime was committed by the suspect.
B: All facts for conviction and sentencing are supported by evidence.
C: All evidence used to decide a case has been verified under legal procedures.
D: All facts found are beyond reasonable doubt based on all evidence of the case.
答案: 【 All facts for conviction and sentencing are supported by evidence.;
All evidence used to decide a case has been verified under legal procedures.;
All facts found are beyond reasonable doubt based on all evidence of the case.】

6、多选题：
‌Which of the following are the revelances of judicial notice and presumption?‏
选项：
A: Only judges can confirm the contents of judicial notice and presumed contents.
B: Both affect the distribution of proof responsibility.
C: Both are in order to reduce the pressure of proof responsibility and improve the efficiency of litigation.
D: Judicially notified facts can be used as the premise of presumption.
答案: 【 Only judges can confirm the contents of judicial notice and presumed contents.;
Both affect the distribution of proof responsibility.;
Both are in order to reduce the pressure of proof responsibility and improve the efficiency of litigation.;
Judicially notified facts can be used as the premise of presumption.】

7、多选题：
‏Which of the following facts are the facts that the parties need not provide evidence?‍
选项：
A: Well known facts and natural laws.
B: The facts that have been determined by the people's court for legally effective judgment.
C: The facts that have been proved by valid notaries.
D: The facts stated and the claims moved by the other party are clearly acknowledged by one party.
答案: 【 Well known facts and natural laws.;
The facts that have been determined by the people's court for legally effective judgment.;
The facts that have been proved by valid notaries.;
The facts stated and the claims moved by the other party are clearly acknowledged by one party.】

8、多选题：
About the specific presumption,which of the following are correct?​
选项：
A: A person who faces criminal trial is presumed sane until the opposite is proved. 
B: The accused shall be presumed innocent until proven guilty by trial.
C: A person is presumed to have testamentary capacity until there is evidence to undermine thatpresumption.
D: A husband is the biological father of a child born to his wife during the marriage, or within nine months after the marriage is ended by death, legal separation, or divorce.
答案: 【 A person who faces criminal trial is presumed sane until the opposite is proved. ;
The accused shall be presumed innocent until proven guilty by trial.;
A person is presumed to have testamentary capacity until there is evidence to undermine thatpresumption.;
A husband is the biological father of a child born to his wife during the marriage, or within nine months after the marriage is ended by death, legal separation, or divorce.】

9、判断题：
‎Presumption of innocence is a classic example for the presumptions with basic facts.​
选项：
A: 正确
B: 错误
答案: 【 错误】

10、判断题：
‏In the law of the United States, the presumption of constitutionality presumes that all statutes are drafted inaccordance with Federal and state constitutional requirements.‎
选项：
A: 正确
B: 错误
答案: 【 正确】

11、判断题：
‌In criminal cases,the burden of proof is usually laid on the prosecution.​
选项：
A: 正确
B: 错误
答案: 【 正确】

12、判断题：
‍The court may judicially notice a fact that is not subject to reasonable dispute because it can be accurately and readily determined from sources whose accuracy can not reasonably be questioned.​
选项：
A: 正确
B: 错误
答案: 【 正确】

Unit Test 5

1、单选题：
‍Which of the following is not the characteristic of direct evidence?‏
选项：
A: The proving process is complicated.
B: Can prov