Question 1

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

Accepted Answer

In the adversarial system, the judge acts as a neutral referee, overseeing the legal contest between the parties and making decisions on legal issues that arise during the course of the proceedings.

Question 2

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

Accepted Answer

Rules of evidence are designed to ensure that the legal process is fair and reliable by determining what evidence is admissible in court, how it should be presented, and how it should be weighed, thus guiding the contest between adversarial parties in proving or disputing a legal action.

Question 3

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

Accepted Answer

The original document rule has evolved over the years to accommodate the increasing reliance on digital copies and electronic records, reflecting changes in technology and the way information is stored and transmitted.

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.

Accepted Answer

Many legal scholars argue that the complexity and ambiguity of evidence rules can hinder the legal process's ability to ascertain the truth, as these rules may limit the types of evidence that can be presented or create confusion about what is permissible, potentially obscuring the facts of a case.

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.

Accepted Answer

Given the high percentage of legal actions settled or resolved before trial, mandating more appropriate dispute resolution methods before initiating adversarial proceedings could streamline the legal process, reduce court backlogs, and encourage more amicable settlements.

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.&#10;A) Mediation&#10;B) Negotiation&#10;C) Arbitration&#10;D) Compromising

Accepted Answer

Mediation involves a neutral third party who helps disputing parties reach a settlement or compromise, without making a decision for them.

Question 7

A newer form of demonstrative evidence that utilizes sophisticated computer-generated graphics and animation to illustrate and reconstruct evidence or scenes.&#10;A) Technical Evidence&#10;B) Specialized Legal Software&#10;C) Computerization&#10;D) Computer Animation Evidence

Accepted Answer

Computer Animation Evidence refers to the use of computer-generated graphics and animation to recreate events or scenes for legal purposes, making it the correct choice for a newer form of demonstrative 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.&#10;A) Mediation&#10;B) Negotiation&#10;C) Arbitration&#10;D) Compromising

Accepted Answer

Arbitration is a dispute resolution process where parties agree to have their dispute settled by an impartial third party outside of the court system, often with the decision being binding.

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

Accepted Answer

United States v. Plaza is the case that involved a request from defendants to exclude fingerprint identification evidence, arguing that it did not meet the Daubert standard despite its long history of acceptance as reliable scientific evidence.

Question 10

The &#34;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.&#34; The author of this quote is:&#10;A) Louis Brandeis&#10;B) Felix Frankfurter&#10;C) Oliver Wendell Holmes&#10;D) Learned Hand

Accepted Answer

Oliver Wendell Holmes Jr., a prominent figure in American law, made this statement to emphasize the importance of experience over pure logic in the development and understanding of law. This perspective is evident in his contributions to legal theory and jurisprudence.

Deck 15: Closing Arguments: Future of Evidence Law