Question 1

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.

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Question 2

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

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Question 3

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

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Question 4

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

Accepted Answer

A)  the civil law system was entirely different than the criminal law approach. 
B)  the decision of guilt or innocence was made by a 30-person court of judges. 
C)  there was little difference between civil law and criminal law. 
D)  the accused was entitled to have an attorney represent him or her in a criminal case.

Question 5

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

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Question 6

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:

Accepted Answer

A)  all witnesses should be permitted to offer their evidence without artificial restraints that cloud the truth. 
B)  because one spouse was willing to testify against another, there was little marital harmony to preserve. 
C)  the trial judge should make all decisions regarding the admissibility of evidence without guidance from appellate decisions. 
D)  because the Supreme Court serves as the final arbiter of all evidentiary issues, it could collectively decide to alter the rules of evidence as it deems necessary.

Question 7

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?

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Question 8

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?

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Question 9

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

Accepted Answer

A)  had very little influence on the states in drafting state evidence rules. 
B)  played a significant part in the preparation and adoption of states' rules of evidence. 
C)  had some influence on state rules, but less than 10 states have adopted rules of evidence patterned after the federal rules. 
D)  been adopted as written by all 50 states.

Question 10

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

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Question 11

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:

Accepted Answer

A)  Chinese. 
B)  Mesopotamian. 
C)  Egyptian. 
D)  Greek.

Question 12

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:

Accepted Answer

A)  only if they were not aware of the facts of the case. 
B)  and advised not to consider any facts not brought out at the trial. 
C)  only if they were not titled or not knights. 
D)  because they had a special knowledge of the facts of the case.

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