Deck 15: Closing Arguments: Future of Evidence Law

Question 1

Under the adversarial process, the judge has assumed the role of referee, governing the contest and ruling on questions of law.

Answer 1

True

Question 2

Rules of evidence help govern the contest between adversarial parties by establishing rules and procedures for proving a legal action.

Answer 2

True

Question 3

The original document rule has not changed over the years to reflect the growing reliance on copies of writings and recordings.

Answer 3

False

Question 4

Legal scholars have expressed concerns that our legal process is losing the ability to "ascertain the truth"
because of the proliferation of evidence rules, many of which are confusing and ambiguous.

Question 5

In a court system where over 95% of our legal actions are settled or resolved before trial, the future trend may be toward more appropriate dispute resolution mandated before adversarial proceedings can be initiated.

Question 6

This is a dispute resolution process where a neutral third party attempts to bring about a settlement or compromise between two disputing parties.

A) Mediation
B) Negotiation
C) Arbitration
D) Compromising

Question 7

A newer form of demonstrative evidence that utilizes sophisticated computer-generated graphics and animation to illustrate and reconstruct evidence or scenes.

A) Technical Evidence
B) Specialized Legal Software
C) Computerization
D) Computer Animation Evidence

Question 8

A dispute resolution process where parties to a legal action agree to have their dispute referred to and settled by an impartial third party or group outside of the trial process.

A) Mediation
B) Negotiation
C) Arbitration
D) Compromising

Question 9

This case involved a request from defendants to exclude fingerprint identification evidence, claiming that this evidence, which has been accepted as reliable scientific evidence for almost a hundred years, fails to meet the newer Daubert standard of testing and scientific knowledge.

A) United States v. Plaza
B) People v. Hood
C) Tehan v. Shott
D) Funk v. United States

Question 10

The "life of the law has not been logic: it has been experience....In order to know what it is, we must know what it has been, and what it tends to become." The author of this quote is:

A) Louis Brandeis
B) Felix Frankfurter
C) Oliver Wendell Holmes
D) Learned Hand