Answer any 3 of questions 1-7 and any 2 of questions 8-11. You should have a total of 5 questions answered. Please number your answers to correspond to the number of the applicable question.
- What is meant by the term “relevant evidence”? What is the general rule concerning the admissibility of relevant evidence? Who makes the decision at trial that the evidence offered is relevant?
- While relevant evidence is presumptively admissible, many legal theories will result in the exclusion of relevant evidence for a variety of reasons, some logical and some based on public policy. What are some of the reasons stated in Federal Rule of Evidence 403 to exclude relevant evidence from admission in court? Explain the rationale for the reasons stated.
- Under the Neil v. Biggers test for witness identification, what are the constitutional requirements that must be met in order to allow the admissibility of evidence of a victims or witnesss pretrial identification of the defendant from photographs or a lineup?
- Why might evidence of fleeing the scene or flight after the crime be indicative of guilt? Why is flight following a crime not always relevant evidence of a consciousness of guilt?
- Generally, evidence of a persons character or a trait of his character is not admissible for the purpose of proving that the defendant acted in the predicted manner on the occasion in question. Under Federal Rule of Evidence 404(a), there are several exceptions mentioned. Define these exceptions to the general rule and explain the circumstances under which these exceptions apply.
- What is meant by the statement that documentary evidence is not admissible until it has been authenticated?
- Unless documents are self-authenticating, a foundation must be established for admissibility. There are four basic methods of proof. Name and explain two of them.
- What is the best evidence rule? Why have the courts adopted it? What are the provisions of Federal Rule 1002? May copies be admitted into evidence in lieu of the original document?
- What is meant by the term chain of custody? Is real evidence always inadmissible if there are minor defects in the chain of custody? Explain your answer.
- Does a judge have the authority in a criminal case to permit the jurors to view the premises where the crime was alleged to have been committed? What is the procedure for viewing the premises, if a jury view is authorized? What are the rights of the accused and counsel with respect to jury views?
- Under what circumstances may summaries of voluminous documents be admitted into evidence in lieu of the actual documents?
