Exam Questions and Verified
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Define the purpose of the law of evidence, its origin and how it applies to
both civil and criminal proceedings - 🧠 ANSWER ✔✔-the purpose of the law
of evidence is to ensure that only reliable and relevant evidence is admitted
in court.
- to protect the accused, the rules were gradually developed over time to
insure that evidence is dependable,
credible, and trustworthy.
,-then came rules to keep out untrustworthy and prejudicial evidence.
-the rules in Kansas apply to all civil and criminal cases.
Define the term "burden of proof" - 🧠 ANSWER ✔✔-the obligation to prove
your case.
Identify the appropriate burden of proof at various types of criminal and civil
hearing. - 🧠 ANSWER ✔✔-Preliminary Hearing- Criminal- probable cause
of the burden of proof
-Trial- Criminal- Beyond a reasonable doubt
-Civil- preponderance of guilt is all that is needed.
Define the term "relevant evidence" - 🧠 ANSWER ✔✔-evidence having any
tendency in reason to prove any material fact at issue in the case
Give reasons why relevant evidence might be excluded at trails - 🧠
ANSWER ✔✔-Privilege
-Undo Prejudice to accused
-Unreliable
-it was gotten by a violation of the Constitution
,Identify examples of direct evidence - 🧠 ANSWER ✔✔-Direct evidence is
evidence that show by its self the existence of a fact
-example, testimony of an eyewitness
-watching someone rob the bank, or kill someone
Identify examples of real evidence - 🧠 ANSWER ✔✔-evidence that the jury
can feel, see and touch that was used in the specific event or issue in
question.
-the killers gun, the robbers mask, scars, fingerprints, wounds,
Identify examples of demonstrative evidence - 🧠 ANSWER ✔✔-a
representation of the real thing.
-maps, pictures, video, diagrams, models
Define the term "judicial notice" - 🧠 ANSWER ✔✔-the act by which judges
recognize the existence and truth of a material fact.
-direction of sunrise, laws of Kansas, anything that is universally known and
cannot be reasonably disputed.
Define testimonial evidence - 🧠 ANSWER ✔✔-evidence that is spoken in
court.
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, Identify the significance of the requirement that witnesses be competent - 🧠
ANSWER ✔✔-witness must competent because if that are not then the
evidence that they can provide may be unreliable, or untrustworthy
-witnesses are presumed qualified unless they are mentally incompetent,
too young, or too old, or have an inability to tell the truth.
Identify the significance of the requirement of first have knowledge - 🧠
ANSWER ✔✔-for a witness to be used in court they must have first hand
knowledge of the issues or events in question.
Define the extent of a LEO's privilege not to disclose an informant's identity
- 🧠 ANSWER ✔✔-a LEO can keep privilege of an informant when"
the informant made a confidential report
the report revealed a violation
the report was made to a LEO or other government official
Define the meaning of the privilege against self-incrimination - 🧠 ANSWER
✔✔-under the 5th amendment to the Constitution no person can be forced
to testify against himself in a criminal case.