Exam 1: The Study of Evidence: History, Development, and Approach
Evidence that qualifies as hearsay evidence is:
C
Should the rules of evidence be changed as society changes? Who should have the responsibility for modifying or rewriting the rules?
The rules of evidence should be periodically reviewed and updated to reflect changes in society, technology, and legal practices. As society evolves, new forms of evidence may become relevant, and existing rules may need to be adapted to ensure fair and just outcomes in legal proceedings.
The responsibility for modifying or rewriting the rules of evidence should lie with a combination of legal experts, lawmakers, and representatives from relevant industries and communities. This collaborative approach can ensure that the rules are informed by a diverse range of perspectives and expertise. Additionally, input from judges, attorneys, and other legal professionals is crucial to ensure that any changes to the rules of evidence are practical and effective in the courtroom.
Ultimately, the goal of modifying the rules of evidence should be to uphold the principles of fairness, accuracy, and justice in the legal system. By regularly evaluating and updating the rules, we can ensure that they continue to serve these fundamental goals in a rapidly changing society.
What is real evidence? Give one example.
12, What is the difference between direct and circumstantial evidence? Give an example of each.
Evidence that requires inferences to be made by referring to other or additional facts is called:
How does the Romanesque legal system differ from the English, or Anglican, system?
The rules of evidence that have been developed for use in United States courts:
The Greek legal system influenced the Roman legal system, and that in turn influenced modern rules of evidence. Trace this development.
In the case of Funk v. United States, which considers the traditional rule prohibiting a wife from testifying for or against her husband in a criminal case, the court discussed the development of the rules of evidence. There the court found that:
In an effort to obtain more uniformity in court procedures, the Supreme Court of the United States and Congress adopted a set of rules of evidence. These rules:
Documentary evidence would include which of the following items of evidence:
In Funk v. United States, the United States Supreme Court reviewed the interpretation of law that held that a wife was incompetent to testify on behalf of her husband in a criminal case. What was the opinion of the justices in that case concerning the modification of the traditional rule? What was the decision of the court concerning the basis of the rules and the modification of the rules?
Relevant evidence is generally admissible, unless excluded by another evidence concept. Give the definition of relevant evidence as described by the Federal Rules of Evidence.
How have some Congressional statutes changed the admission of some evidence in federal courts?
Two legal systems have developed and are dominant in modern times. One of these is known as the English system. It is distinguished from the Romanesque system, in that in the English system:
Why is it necessary or even desirable to review the practices followed by courts in earlier periods of history in the manner that they determined the guilt or innocence of persons accused of crimes?
What is considered cumulative evidence? Give an example of when evidence might be considered cumulative.
Distinguish the terms testimony, documentary evidence, and real evidence.
Define the process that the Supreme Court and Congress followed in preparing and adopting the initial Federal Rules of Evidence.
In what way did the early Hebrew legal system differ from the Chinese legal system?
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