Exam 1: The Study of Evidence: History, Development, and Approach

Hearsay evidence has been described as a statement made outside of court and brought inside the court for proof of its truth. Give an example of hearsay evidence, regardless of whether it would be admissible.

According to Wigmore, three primary world systems exist today. What are they?

In discussing the rationale for excluding evidence in some situations, five explanations were listed. List and give an example of each.

Under the Hebrew legal system, the law was tied closely with religion, but under the early Chinese system that existed until the twentieth century:

What types of evidence are included within the term documentary evidence? Give three examples of documentary evidence?

Demonstrative of the evolutionary development of the rules of evidence is the case of Trammel v. United States, in which the Supreme Court changed the rule regarding the testimony of one spouse against another. In making the change, the Court reasoned that:

In Trammel v. United States, the Supreme Court altered the existing marital testimonial privilege in federal cases that a defendant spouse could prevent a witness spouse from testifying against the other. What was the rationale of the Court in making a change in the interpretation of established law?

How are the rules of evidence determined in state courts and in United States federal courts? What process is used to change the rules of evidence?

Since July 1973, the Federal Rules of Evidence have guided the federal courts in evidentiary matters. These rules have:

Trace the development of the jury system. What are the advantages and disadvantages of the jury system?

According to Wigmore, 16 legal systems developed to a stage at which they could be recognized as such. The oldest recognized legal system was the:

Following the Norman Conquest in England, jurors were selected to assist the judge in making the investigation and decision. At that time jurors were selected: