Evidence

Question 1

What is judicial notice?

Answer 1

Judicial notice allows a court to recognize a fact as true without requiring one of the parties to prove it. Judicial notice is generally used for indisputable facts that are common knowledge or capable of verification.

Question 2

what must be considered in determining the admissibility of physical evidence?

Answer 2

1) the evidence must be authenticated
2) the evidence must be in substantially the same condition at the trial
3) The significance of evidence must outweigh any prejudice or inconvenience.

Question 3

what is authentication of evidence

Answer 3

Authenticating evidence means identifying that a piece of the physical evidence is what the proponent claims it is. This can be done by having a witness testify that he recognizes the object or by introducing the evidence that the object was secured in substantially unbroken chain of possession.

Question 4

how do you establish the competency of witness?

Answer 4

Witness must have personal knowledge and must make an oath to tell the truth

Question 5

Are leading questions allowed during witness examination?

Answer 5

Leading questions are not allowed in direct examination; however, such questions are allowed for other purposes : cross-exam, introductory matter, hostile witness, witness who suffer from memory loss or mental handicaps.