Rules & Types of Evidence

Question 1

What is the law of evidence?

Answer 1

A body of regulations that governs the proof of existence of a fact

Question 2

What are rules of evidence?

Answer 2

Rules of evidence are regulations and restrictions that determine the admissibility of evidence in a trial

They are put in place to ensure that the fact-finding process is fair and reliable

Question 3

What is relevance, and what determines whether or not a piece of evidence is relevant?

Answer 3

Relevance is a threshold requirement that must be met before the court can consider the value that the evidence may have

Relevant evidence has the tendency/ability to make a fact of the case more or less probable than it would be, had the evidence not been admitted, and the fact proven by the evidence is of consequence in making the determination

Question 4

What are the 6 cases in which relevant evidence can be excluded from a trial?

Answer 4

1. Presenting unfair prejudice
2. Confusing the issues
3. Misleading the judge
4. Undue delay
5. Wasting time
6. Needlessly presenting cumulative evidence

These factors must substantially outweigh the value of the evidence in order for it to be no longer be admissible

Question 5

What is immaterial/irrelevant evidence?

Answer 5

Evidence that does not relate to or affect the matter at hand

Question 6

What is character evidence?

Answer 6

Character evidence is used to describe a character trait of a person

Question 7

What are the rules surrounding character evidence?

Answer 7

1. Previous crimes committed by the accused are not admissible in court as character evidence
2. Character evidence CAN be used to prove that the accused acted in accordance with a habit, routine, or practice, but not with a particular character trait
3. The defense council can have a witness attest to the fact that the accused is not a violent person, but this allows the prosecutor to respond with a rebuttal (contrary character evidence)
4. Either council can attack/question the credibility or propensity of truthfulness of the witness

Question 8

What is the threat of unfair prejudice in the context of character evidence?

Answer 8

Threat of unfair prejudice occurs when the judge and/or jury are invited to judge the defendant based on their reputation, rather than on the facts of the case established by the evidence presented during the trial

Question 9

What are the 2 general rules of evidence?

Answer 9

1. Physical evidence is more valuable than witness testimony
2. Evidence must be relevant, reliable, appropriate, and obtained lawfully

Question 10

Differentiate between direct and circumstantial evidence.

Answer 10

Direct evidence: evidence that relates first-hand to the fact that one is trying to prove or disprove

Circumstantial evidence: evidence from which inferences must be drawn to establish material facts (less concrete/reliable)

Question 11

What is electronic surveillance?

Answer 11

Electronic monitors in a workplace, store, etc

Question 12

What is a polygraph test?

Answer 12

A lie detector test

Question 13

What are leading questions?

Answer 13

Leading questions aim to lead the witness to a particular answer (yes or no)

Question 14

What are hearsay statements?

Answer 14

Testimony accounted of an event that the witness heard about but did not see themselves

Question 15

What are opinion statements?

Answer 15

Statements of opinion based on facts

Question 16

What is an expert witness testimony?

Answer 16

Expert witness called upon to provide a report or testify in court as an impartial party to give insight into matters in their area of expertise (e.g. detective, doctor, psychiatrist)

Question 17

What are non-responsive answers?

Answer 17

Answers given by a witness upon examination that do not relate to the question that they were asked

Question 18

What is voir dire, and when is it held?

Answer 18

A hearing held to determine a question of law or admissibility of evidence

Voir dire is held during the trial, but is considered to be its own hearing

Question 19

What is a trier of facts?

Answer 19

A person (judge) and/or a group of people (jury) tasked with making factual findings based on the evidence presented during a trial

Question 20

What is physical evidence?

Answer 20

Any object, impression, or body element that can prove or disprove facts relating to a case

Question 21

Name and describe the 3 general categories of physical evidence.

Answer 21

1. Tools: the object that is used to commit the crime (weapon)
2. DNA: bodily fluids, hair, skin, etc that are unique to each individual
3. Impressions: patterns or marks found on surfaces caused by different objects (e.g. fingerprints, glove prints, shoe prints, tire tracks)

Question 22

Differentiate between class and individual characteristics (in the context of impressions).

Answer 22

Class characteristics: general attributes of an object

Individual characteristics: specific/unique features of an object