and answers with complete solution
Evidence is relevant when it tends to prove or disprove a fact in issue. Evidence
is material when it has a bearing on or relates to the issue in dispute.
True
At common law, evidence had to be both relevant and material to be admissible in
court. It had to tend to prove or disprove a fact for which it is being offered, and it
had to be material to the fact at issue. Each was a separate concept.
True
Even when relevant, evidence may still be excluded if its probative value is
substantially outweighed by the danger of unfair prejudice to the trier fact.
True
Probative means that the evidence tends to prove something.
True
The Constitution may not limit or exclude evidence seized in violation of one of
its protections.
False
In order to satisfy the relevance requirement, evidence must TEND to prove
something.
True
There are no exceptions to the general rule that character evidence is not
admissible to prove conduct on a particular occasion.
False
In a criminal case, evidence of the defendant's character is admissible when
offered by the accused, or by the prosecution to rebut the testimony offered by
the accused.
True
Character evidence may not be used by the prosecution to rebut the testimony
offered by the defendant.
False
Even when found to be relevant under Rule 404 (b) or a similar rule, evidence of
prior bad acts may still be excluded under Rule 403, if its prejudicial effect
outweighs its probative value.
True
Evidence is anything that tends to prove or disprove a fact at issue.
True
Evidence law is a body of rules that helps to govern conduct and determines
what will be admissible in certain legal proceedings and trials.
True
Evidence law developed from statutory law and can be found today in statutes,
case law, and the Constitution.
False
The study of evidence law can teach you what can and cannot be admitted at trial
and why.
, True
Evidence rules were created to ensure efficiency and fairness in the adversary
process and not to protect the jury from prejudicial, unreliable, confusing or
irrelevant evidence.
False
Rules of evidence promote the search for truth in a trial by determining what is
relevant and admissible.
True
Evidence, even when relevant, might be excluded in order to "promote broader
public interests in the observance of law and administration of justice," Some
examples of this include the exclusion of relevant evidence when it is found to
be:
a.) Hearsay
b.) prejudicial
c.) privileged communication
d.) all the above
D. All of the above
Under this system, followed in the United States, parties to a legal dispute face
off against each other and contest all issues before a court of law, under the legal
maxim that out of controlled battle would the truth emerge.
a.) Disputation
b.) presumption of innocence
c.) adversary
d.) Distributed Justice
C. Adversary
Although states are not bound by these rules, most states use the following as a
model for their own codes:
a.) model code of evidence
b.) federal rules of evidence
c.) wigmaker evidence rule
d.) civil evidence code
B. Federal Rules of Evidence
The following all contributed to the development of statutory rules of evidence in
the states, except:
a.) uniform rules of evidence
b.) federal rules of evidence
c.) model code of evidence
d.) civil evidence code
D. Civil Evidence Code
The modem rule today is that all witnesses are generally competent except as
provided by another rule of evidence or statute.
True