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

Question 1

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?

Answer 1

It is necessary and desirable to review the practices followed by courts in earlier periods of history in order to understand the evolution of the justice system and to ensure that current practices are fair and just. By examining how guilt or innocence was determined in the past, we can identify any biases, flaws, or injustices that may have been present. This allows us to learn from past mistakes and make improvements to the legal system.

Additionally, studying historical court practices can provide valuable insights into the social, cultural, and political factors that influenced legal decisions. This can help us to better understand the context in which these decisions were made and to recognize the impact of societal attitudes and prejudices on the administration of justice.

Furthermore, reviewing past court practices can also help to identify any wrongful convictions or miscarriages of justice that may have occurred. By acknowledging and rectifying these errors, we can work towards ensuring that the legal system operates with integrity and fairness.

In summary, examining the practices followed by courts in earlier periods of history is essential for promoting transparency, accountability, and fairness within the justice system. It allows us to learn from the past, address any injustices, and make improvements to ensure that the rights of individuals accused of crimes are protected.

Question 2

In what way did the early Hebrew legal system differ from the Chinese legal system?

Answer 2

The early Hebrew legal system differed from the Chinese legal system in several ways.

Firstly, the Hebrew legal system was based on a set of religious laws and principles outlined in the Torah, while the Chinese legal system was based on a combination of Confucianism, Taoism, and Legalism. This meant that the Hebrew legal system was closely tied to religious beliefs and practices, while the Chinese legal system was more secular in nature.

Secondly, the Hebrew legal system emphasized the concept of justice and righteousness, with a focus on moral and ethical behavior. In contrast, the Chinese legal system focused more on maintaining social order and stability, with an emphasis on obedience to authority and hierarchy.

Additionally, the Hebrew legal system relied on a system of judges and elders to interpret and enforce the law, while the Chinese legal system had a more centralized and bureaucratic system of governance, with appointed officials and magistrates overseeing legal matters.

Overall, the early Hebrew legal system differed from the Chinese legal system in its religious foundation, emphasis on morality, and decentralized system of governance.

Question 3

The Greek legal system influenced the Roman legal system, and that in turn influenced modern rules of evidence. Trace this development.

Answer 3

The Greek legal system had a significant impact on the development of the Roman legal system. The Romans were heavily influenced by Greek philosophy, culture, and law, and they adopted many aspects of the Greek legal system into their own. One of the most important contributions of the Greeks to Roman law was the concept of natural law, which held that certain rights and principles were inherent to human nature and should be upheld by the legal system.

The Romans also borrowed heavily from the Greeks in terms of legal procedure and the administration of justice. They adopted the Greek practice of using juries to decide cases, as well as the idea of presenting evidence and arguments in a formalized manner. The Romans also incorporated many Greek legal principles and concepts into their own legal system, including the idea of precedent and the use of written laws.

As the Roman Empire expanded, its legal system spread throughout Europe and beyond, influencing the development of modern legal systems in many countries. The Roman legal system, with its emphasis on written laws, legal procedure, and the use of evidence, laid the foundation for many aspects of modern legal practice. The rules of evidence that were developed in the Roman legal system, such as the requirement for witnesses and the use of physical evidence, have had a lasting impact on the way that legal cases are tried and decided in modern courts.

In conclusion, the Greek legal system influenced the Roman legal system, which in turn influenced modern rules of evidence. The concepts and principles that were developed in ancient Greece and Rome continue to shape the way that justice is administered in many parts of the world today.

Question 4

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

Question 5

How does the Romanesque legal system differ from the English, or Anglican, system?

Question 6

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

Question 7

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?

Question 8

Define the process that the Supreme Court and Congress followed in preparing and adopting the initial Federal Rules of Evidence.

Question 9

How have some Congressional statutes changed the admission of some evidence in federal courts?

Question 10

Should the rules of evidence be changed as society changes? Who should have the responsibility for modifying or rewriting the rules?

Question 11

What is real evidence? Give one example.
12, What is the difference between direct and circumstantial evidence? Give an example of each.

Question 12

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

Question 13

What is considered cumulative evidence? Give an example of when evidence might be considered cumulative.

Question 14

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.

Question 15

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.

Question 16

Distinguish the terms testimony, documentary evidence, and real evidence.

Question 17

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

Question 18

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?

Question 19

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?

Question 20

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:

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

Question 21

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

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 22

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:

A) the court has a judge, a lay jury, and an elaborate network of rules.
B) a bench of judges is established and there are few rules of evidence.
C) there are no elaborate controlling rules.
D) only the judge can determine the guilt or innocence of the accused.

Question 23

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:

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.

Question 24

The rules of evidence that have been developed for use in United States courts:

A) are now probably more restrictive than those developed in England.
B) have been established after much consideration and cannot be changed in the future.
C) may be changed by legislative action but should not be changed by court decisions.
D) are now the same as those adopted by the English courts.

Question 25

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:

A) apply in both state and federal courts.
B) govern proceedings in the federal courts of the United States and before United States magistrate judges and bankruptcy judges.
C) were approved by Congress in the same form that they were written by the Supreme Court.
D) are not binding on the lower federal courts but only on the United States Supreme Court.

Question 26

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

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 27

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:

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 28

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:

A) rules of evidence, once established, cannot be changed by court decision.
B) the common law relating to the rules of evidence is not immutable, but is flexible and may be adapted to varying conditions.
C) common law rules of evidence that developed under the English system must be followed in the United States.
D) the court must continue to enforce the traditional rule, which prohibits a wife from testifying for her husband in a criminal case.

Question 29

Evidence that requires inferences to be made by referring to other or additional facts is called:

A) circumstantial evidence.
B) testimony.
C) direct evidence.
D) real evidence.

Question 30

Documentary evidence would include which of the following items of evidence:

A) a written threat to harm another individual.
B) a cell phone video taken at a crime scene.
C) a rock allegedly thrown by a defendant at a victim.
D) Both responses a and b state correct examples of documentary evidence.

Question 31

Prima facie evidence is defined as:

A) the effect of evidence.
B) evidence that suffices for proof of a particular fact unless and until contradicted and overcome by other evidence.
C) supplemental to that already given, and tending to strengthen or confirm it.
D) evidence that comes to the court through witnesses speaking under oath or affirmation.

Question 32

Evidence that qualifies as hearsay evidence is:

A) never admissible due to its unreliability.
B) always admissible because it helps a jury or judge decide a case properly.
C) an out of court statement offered in court for proof of its truth.
D) untrustworthy since no one knows who said it.