Evidence law Essays & Research Papers

Best Evidence law Essays

  • Law of Evidence - 1452 Words
    Assignment: Law of Evidence Question 1 The law of evidence aims to determine what material may be presented in court as evidence, by whom, in what manner and its probative value. Question 2 The onus of proof lies with the State to prove that the accused is guilty. Question 3 Real evidence is evidence in the form of objects or exhibits such as the murder weapon. Documentary evidence is evidence in the form of written documentary such as letters and contracts. Question 4 Evidential...
    1,452 Words | 6 Pages
  • evidence law - 2224 Words
    According to the Evidence Act Cap 6, evidence denotes the means by which any alleged matter or facts the truth of which is submitted to investigations, approved or disapproved, admissions, presumption of law and observations by courts in the judicial capacity as per section 2[1]d of the act. Rules of evidence refer to the procedure of admitting relevant facts by courts of law and in general they are referred to as Relevancy and Admissibility of Evidence According to section 4, it may be given...
    2,224 Words | 6 Pages
  • Evidence Law - 27509 Words
    UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’, it has been said, is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae, a fact or opinion which is so closely associated in time,...
    27,509 Words | 84 Pages
  • Law of Evidence - 1967 Words
    Confession by inducement, threat or promise when irrelevant in criminal proceeding - A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise, 1having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for...
    1,967 Words | 6 Pages
  • All Evidence law Essays

  • Law of Evidence - 3389 Words
    LAW OF EVIDENCE The Evidence Law deals with deciding which Evidence should be and which shouldn't be used in arriving at a decision by the Court and, sometimes, the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as...
    3,389 Words | 9 Pages
  • Laws of Evidence - 2574 Words
    Memorandum To: From: Date: 08/31/2012 Re: Laws of Evidence Assignment #2 Statement of Assignment You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request, this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such evidence. Statement of Facts The defendant was prosecuted for the murder of his wife. The victim’s...
    2,574 Words | 8 Pages
  • Presumptions in the Nigerian Evidence Law
    PRESUMPTIONS IN THE LAW OF EVIDENCE Introduction As a general and fundamental rule in the law of evidence, facts on which a court can base its decision in any proceedings must be proved to exist by evidence. Nevertheless, the proof of the existence of some classes of facts is dispensed with. Such facts include: facts presumed, facts admitted for the purpose of trial and facts judicially noticeable. This research work basically deals with facts presumed i.e. presumptions. In the...
    7,180 Words | 20 Pages
  • Evidence Law and Admissible Statements
    University of Phoenix Material Acquiring Admissible Statements Worksheet Conduct an Internet search by visiting the state websites for Arizona, Illinois, New York, and California. Locate the legal requirements to obtain admissible statements in these states. Include your research findings in the following table. |State |Legal requirements |Precedent |Other | |Arizona |Confessions...
    1,115 Words | 6 Pages
  • Evidence Law and Staff Note
    OHIO RULES OF EVIDENCE Article I GENERAL PROVISIONS Rule 101 102 103 104 105 106 Scope of rules: applicability; privileges; exceptions Purpose and construction; supplementary principles Rulings on evidence Preliminary questions Limited admissibility Remainder of or related writings or recorded statements Article II JUDICIAL NOTICE 201 Judicial notice of adjudicative facts Article III PRESUMPTIONS 301 302 Presumptions in general in civil actions and proceedings [Reserved] Article IV RELEVANCY...
    25,806 Words | 72 Pages
  • Evidence Law and Audit Program
    As corporate controller for Apollo Shoes, you are tasked to find and explain any irregularities in the Apollo Shoes Case. Resource: Apollo Shoes Casebook Define the process you will use and address the following assessed classroom discussion questions: What procedures will be used to collect accounting evidence? What sampling tools and techniques will be used for the examination? How will you use analytical and inferential tools to evaluate accounting evidence? Submit your...
    894 Words | 3 Pages
  • Evidence Law: a Study on Presumption
    A STUDY ON PRESUMPTION WITH SPECIAL REFERENCE TO PRINCPLE OF LEGITIMACY Submitted to: Mr. Kishor Bista Mr. Bishow Mani Pokharel Subject: Evidence Law Submitted by: Ms. Binita Pandey Kathmandu School of Law L.L.B 3rd year Date of submission: 28 Baisakh 2068 TABLE OF CONTENT Table of Abbreviations Table of Cases Table of Statutes 1. Chapter I 1.1 Background 1.2 Objectives 1.3 Limitation 1.4 Methodology 1.5 Organization of study 2. Chapter II 2.1...
    4,713 Words | 16 Pages
  • law of evidence assignment - 2981 Words
    Question 1 Introduction In law of evidence, a person’s “character” is understood as his propensity or disposition to behave in a certain way. This is different from habit and more like behavioral traits that are more deeply ingrained. “he has a bad character” usually means that he is given to wicked acts, and if one were asked to justify such a statement one would usually refer to incidents of past bad conduct by the person in question. The is however an older meaning to character, namely a...
    2,981 Words | 8 Pages
  • Evidence Law in the Ugandan Jurisdiction
    BURDEN OF PROOF AND STANDARD OF PROOF. Under s. 4 of the Uganda Evidence Act, evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily involves the adduction of evidence in an attempt to prove a fact, subject to occasional cases where a fact can be...
    11,167 Words | 30 Pages
  • Evidence - 1104 Words
     Kyna Wynn October 12, 2013 Individual Assignment #1 Evidence: CRJS355 Real/ Physical Evidence Real or physical evidence is evidence that can be addressed to the court directly without any interposing of a testimony of witness other than what is required of the basis for such evidence. Real evidence and physical evidence is basically the same thing physical evidence is just object that has been involved in the actual crime scene or took place and...
    1,104 Words | 3 Pages
  • Evidence - 448 Words
    Physical Evidence * Physical evidence is one of the most common types of evidence found at a crime scene. Physical evidence consists of the actual physical objects found at the scene. This can mean large items such as damaged cars, broken glass or smashed doors. It also includes items that are minuscule in size, such as hair or clothing fibers. An investigator may also collect weapons such as knives or guns, or fired bullets and spent casings. Depending on the scene, physical impressions may...
    448 Words | 2 Pages
  • Direct evidence as for oral evidence
    Evidence Law has governed the manner in which the criminal trial is conducted. It does so by regulating the kind of evidence that the court should be admitting, the nature of the said evidence and laid down the manner of appreciating the same. Evidence Law further lays down the rules of presumption the court must follow in terms of the different kinds of evidence and the weight that must be attached to them. The importance of laying down these procedural rules cannot be understated. They...
    3,518 Words | 9 Pages
  • Evidence Hair Evidence - 430 Words
    VaShanti K. Lawrence Monday 26, 2013 Hair Testimony Criminal Investigation and Forensics 1st period Good Moring, I am expert witness VaShanti Lawrence. I was called to testify about hair. Also I am here to inform you about the forensic hair analysis and explain why it is considered calls evidence. I am going to prove that the suspect Colin Ross’s hair does match the hair found at the crime scene. This is a diagram of the basic structure of hair a hair from the crime scene, or one...
    430 Words | 2 Pages
  • California Evidence - 17491 Words
    EVIDENCE OUTLINE INTRODUCTION -Basics of Evidence 1 -Process of Proof & the Adversarial System 1 -Making and Meeting Objections 1 -Common Objections 2 RELEVANCE -Relevant Evidence 2 -Stipulations 2 -Components of Relevant Evidence 2 -Balancing Test 2 -Proposition 8 2 EVIDENCE EXCLUDED BY EXTRINSIC POLICIES CHARACTER EVIDENCE -Types of Character Evidence 3 -Character Trait at Issue 3 -Conduct in Conformity & Exceptions 3 -Relevant Non-Propensity Purpose 4...
    17,491 Words | 63 Pages
  • Physical Evidence - 439 Words
    Daubert and Frye Standard Professor Lance Spivey CJE1641-12Week 11 Criminalistics II By Sandy January 2013 Daubert and Frye Standard Please explain the Frye Standard. 1. The Frye Standard is a standard used to determine the admissibility of an expert’s scientific testimony. A court in which applies the Frye Standard must determine whether or not the method which the evidence was obtained was...
    439 Words | 2 Pages
  • Hearsay Evidence - 738 Words
    1. Hearsay evidence rule in Malaysia The general hearsay rule is that a statement made by a person not called as a witness is inadmissible to prove the truth of the facts stated and extends to oral evidence as to statements in documents.1 Where oral evidence is relied on, it must be direct in all cases.2 Section 603 has thus codified the rule against hearsay evidence. “Hearsay” does not mean that no witness can be allowed to depose anything which he has heard said by anyone else.4 It is...
    738 Words | 2 Pages
  • Criminal Evidence - 1062 Words
    Evidence – Means, Mode, or Manner to Ascertain the Truth about a Matter of Fact in a Judicial Proceeding. Essential Parts of the Legal Definition of Evidence: WHAT: 3M – Means, Mode or Manner WHY: ATF – to ascertain the truth about a matter of fact WHERE: J – in a Judicial Proceeding - it is a medium or means by which a fact is proved or disproved. Proof – RESULT, EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of...
    1,062 Words | 5 Pages
  • Scientific Evidence - 509 Words
    1. Discuss the underlying reasons for the rapid growth of crime laboratories in the United States since the late 1960s. The development of crime laboratories in the United states has been characterized by rapid growth accompanied by a lack of national and regional planning and coordination. Four major reasons for increase of crime laboratories in the United States since the 1960s is (1) the fact that the requirement to advise criminal suspects of their constitutional rights and their rights of...
    509 Words | 2 Pages
  • Accomplice Evidence - 6349 Words
    Evidence of accomplice: An Introduction Section 133 of the Indian Evidence Act, 1872 is the only absolute rule of law dealing with accomplice evidence. However it is the opinion of some that this section is redundant as Section 118 makes all persons competent to testify except those persons which the section specifically bars. Moreover there is no rule which requires that the evidence of an accomplice should be corroborated. But Section 133 might lead persons to suppose that the Legislature...
    6,349 Words | 16 Pages
  • Forensic Evidence - 356 Words
    1. What is the basic plot of the storyline in the game? I think the base plot of the storyline in the game was some forensic scientist heard an old legend about R.R finding gold but he suddenly disappeared, without a trace by butch the park ranger. 2. What types of evidence did the forensic scientists encounter in the game? The types of evidence that the forensic scientists encountered was soil, fingerprints, and a shoe prints 3. Choose one of the locations in the game. Discuss what evidence...
    356 Words | 1 Page
  • Introducing Evidence - 1096 Words
    In order to introduce the tape-recorded statements against Sanders, the declarant (Blair) must be unavailable as a witness according to Fed.R.Evid. 804. The statements by Blair fall under an exception to the hearsay rule, Fed.R.Evid. 804(b)(3), which provides that when a declarant is unavailable as a witness, statements against interest are not excluded by hearsay. When a prosecutor seeks to introduce evidence of a statement that inculpates the accused, a number of courts require that...
    1,096 Words | 4 Pages
  • Types of Evidence - 1202 Words
    CJUS440-1402B-02: The Laws of Evidence Types of Legal Evidence Evidence can be as diverse as people; however, when looking to collect any type of evidence, it will typically be separated into one of two categories: real evidence or testimonial. Real evidence is considered to be tangible, such as, it will be anything that the five senses can perceive (Worral, Hemmens, & Nored, 2012, p. 71). Articles of clothing, weapons, contracts or legal documentation, and photographs are all examples...
    1,202 Words | 3 Pages
  • Phisycal evidence - 335 Words
    1. Physical evidence includes tangible objects, including weapons, trace evidence like hair, blood or fibers, and fingerprints. Documentary evidence is any type of written or recorded evidence, such as a recording of a telephone conversation or a video recording of a crime. Demonstrative evidence is evidence that is used to help recreate or illustrate a crime. 2. Individual characteristics are properties associated with a common source to a high degree of certainty. The way a person’s eye...
    335 Words | 1 Page
  • Law Student - 6696 Words
    REMEDIAL LAW 2013 BAR EXAMINATIONS COVERAGE 1. General Principles 1.1. Concept of remedial law 1.2. Substantive law vis-a-vis remedial law 1.3. Rule-making power of the Supreme Court 1.3.1 Limitations on the rule-making power of the Supreme Court 1.3.2. Power of the Supreme Court to amend and suspend procedural rules 1.4. Nature of Philippine courts 1.4.1. Meaning of a court 1.4.2. Court as distinguished from a judge 1.4.3. Classification of Philippine courts 1.4.4. Courts of original and...
    6,696 Words | 21 Pages
  • Law Notes - 3656 Words
    Hostile Witnesses – Structure of Answer 1. “The issue here is whether [counsel] can discredit their own witness, [witness’s name], in the witness box?” a. When calling a witness, the caller expects their testimony to be favourable to the case. When this doesn’t happen, the caller will want to attack the witness to destroy the effect of the evidence. b. Whether you can do this depends on whether the witness is hostile or merely unfavourable. c. Usually crops up in...
    3,656 Words | 11 Pages
  • Email to Be Used as an Evidence in Court
    EMAIL TO BE USED AS AN EVIDENCE IN INDIAN COURT Introduction The courts have always tried to keep pace with development in technology both with regard to the process of the system of justice and the cases that pass through it. The harmonization of the law relating to information technology and evidence by the Indian legislature, together with the positive approach of the Indian courts in recognizing and appreciating electronic evidence, has equipped India to meet the new challenges of the...
    3,021 Words | 8 Pages
  • Federal Rules of Evidence - 3383 Words
    Federal Rules of Evidence April 03, 2011 (1) In determining testimony, documents, and tangible objects, the judge or jury will rely on the Federal Rules of Evidence and/or applicable state rules of evidence. There are eleven specific functions, qualifications, and categories of evidence that make up the Federal Rules of Evidence. These eleven sections cover the following: 1. General provisions 2. Judicial notice 3. Presumptions in civil actions and proceedings 4....
    3,383 Words | 9 Pages
  • Polygraph and Scientific Evidence - 333 Words
    1. Discuss the underlying reasons for the rapid growth of crime laboratories in the United States since the 1960’s. supreme court decisions are what made police put a great emphasis on securing scientifically evaluated evidence so much in fact that the confession is almost no longer a recent investigation tool. 2. Describe the criteria for admissibility of scientific evidence as laid out in Frye v. United States. The criteria for admissibility of...
    333 Words | 1 Page
  • Evidence Outline Full - 9548 Words
     EVIDENCE I. Rule 401—Relevant Evidence a. “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. b. Relevant evidence needs to have i. PROBATIVE VALUE: meaning it would have a tendency to make something more or less probable than it would without the evidence. ii. MATERIALITY: the existence of any fact of consequence. 1. The proposition...
    9,548 Words | 33 Pages
  • The Importance of Physical Evidence - 909 Words
    2 What is Physical Evidence? Physical evidence is any object that can establish that a crime has been committed or can link a crime and its victim or perpetrator. Almost anything can be physical evidence, to list the objects that could be used as physical evidence is impossible. (Saferstein, R. 2009) Common Types of Physical Evidence There are several common types of physical evidence that are found at a crime scene and can be used in cases. However, the weight of a given piece of...
    909 Words | 3 Pages
  • Evidence: Some Basic Terms
    Critical to the understanding of how evidence is presented at trial is understanding how evidence is defined. Knowledge of the rules governing evidence is also essential. This paper introduces several basic but key terms, with particular emphasis on the Federal Rules of Evidence. These definitions should in nowise be construed as complete or authoritative as it is intended to introduce the basic concept as it relates to criminal justice practices. Corpus Delicti and Prima Facie Corpus...
    3,629 Words | 11 Pages
  • Rules of Evidence Summary - 11684 Words
    A SUMMARY OF THE RULES OF EVIDENCE: THE ESSENTIAL TOOLS FOR SURVIVAL IN THE COURTROOM By Vincent DiCarlo TABLE OF CONTENTS I. Introduction II. The Four Types of Evidence III. General Rules of Admissibility IV. Real Evidence V. Demonstrative Evidence VI. Documentary Evidence VII. Testimonial Evidence VIII. Form of Examination IX. The Lay Opinion Rule X. Accrediting and Discrediting a Witness XI. Character Evidence XII. The Rule Against Hearsay XIII....
    11,684 Words | 36 Pages
  • Direct vs Circumstantial Evidence
    When the initial investigation of a crime scene takes place, the officers and detectives on duty begin searching for clues as to who committed the crime and why did the crime occur. The entire investigation comes down to two key factors, direct and circumstantial evidence. One of the evidence markers weighs significantly heavier than the other, direct evidence being much more substantial than any circumstantial evidence. However, circumstantial evidence may build an entire case. Direct...
    309 Words | 1 Page
  • EVIDENCE OF COLLATERAL ACTS IN ALABAMA
    EVIDENCE OF COLLATERAL ACTS IN ALABAMA Collateral Acts Rule of Evidence Ala.R.Evid. 404(b), provides for: 1) the exclusion of collateral acts offered to show character – good or bad --, and; 2) provides exceptions, such as where a collateral act of the defendant is offered to show motive, intent or plan. Thus, for the Burbank evidence to be admissible under the “collateral act” exception, it cannot be used to show how “bad” an actor DG is, but must be couched in terms of motive, intent or...
    270 Words | 1 Page
  • Hearsay Evidence and Its Admissibility
    HEARSAY EVIDENCE AND ITS ADMISSIBILITY CONTENTS 1. Introduction 2. Hearsay Evidence in different countries 3. Hearsay Evidence in different countries 4. 'Hearsay' Evidence : The Law 5. Hearsay Evidence Inadmissible 6. Hearsay Evidence: The concept Understood 7. Case Laws 8. Bibliography INTRODUCTION Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct...
    5,039 Words | 14 Pages
  • Evidence Book and Class Notes
    EVIDENCE Class 1 | Tuesday5/21 | Chapter 1: Why Take This Course? 1-5Chapter 2: Types of Courtroom Evidence 6-19Problem Set 2Chapter 3: Four W’s of the Federal Rules of Evidence 20-31Chapter 4: Structure of a Trial 32-39 | Chapter 2 Notes: TYPES OF COURTROOM EVIDENCE Evidence Defined. Testimony, writings, material objects or other things presented to the senses that are offered to prove the existence or non existence of a fact presented during the trial. California Evidence...
    30,571 Words | 95 Pages
  • Collect and Preservation of Evidence - 1185 Words
    Running Header: COLLECTION AND PRESERVATION Collection and Preservation Cheryl Alt CRJS455-1103A-01 Unit 2 Individual Project Abstract Physical evidence is what is collected after a crime has been committed. This evidence may be introduced into a trial. This would be the evidence that is collected that is from a non-living origin. There are many types of physical evidence that the investigators collect. This type of evidence can conceivably include all or part of any object....
    1,185 Words | 4 Pages
  • Parol Rule of Evidence - 2160 Words
    Parole rule of evidence [Ross] [Victoria university business law]  Topic Introduction The Australian court has some strict rules regarding the contract that are made by parties during trade and business. At times, parties make verbal promises with each other which they decide to enter in the clause and later on forget to, or sometimes it so happens that a verbal promise is added in the contract but is breached by the parties. For these types of situations, the Australian courts have...
    2,160 Words | 7 Pages
  • Federal Rules of Evidence - 3961 Words
    DISCUSSION FORUM _ LESSON 4 1. Summarize the Federal Rules of Evidence in your own words. The Federal Rules of Evidence (F.R.E.) enacted in 1975 and replaced prior centuries of various and sundry judge made caselaw. The F.R.E. is a complex set of statutes or penal codes legislated with the intent of replacing unfair evidentiary submission and/or unnecessary expense and delay among the courts. The basic concept behind the F.R.E. is the need for a consistent and predictable federal rule...
    3,961 Words | 12 Pages
  • Study notes evidence - 10066 Words
    Evidence Law Case List Judicial Notice Mutumeri v Cheesman: Judicial notice taken of the fact that HIV is a life threatening disease Hollington v F Hewthorn & Co Ltd: Convictions were not admissible as evidence in a civil case this case has been severely criticised and can produce absurd results modified by EAQ s 79 Relevant Facts Plomp v R: Plomp Accused of murdering wife in the surf causing drowning. Motive was fact he was seeing another woman he had promised to marry. ‘Ordinary rule...
    10,066 Words | 26 Pages
  • Parol Evidence Rule - 1829 Words
     Nowadays contracts are the best way of making agreements. As said in Parker and Box, a contract may be defined as ‘’an agreement which the law will enforce’’1. It is clearly shown that contracts are much more than agreements as they are enforced by courts. They generally involve two or more parties and for a contract to exist, agreement is essential. If there is no agreement or ‘’meeting of the minds’’ of the parties, then it is considered that there is no contract. To see whether an...
    1,829 Words | 5 Pages
  • Exception Of Hearsay Evidence Under S
    Exception of Hearsay Evidence under S. 73A of the Evidence Act Hearsay can be defined as the information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. Hearsay evidence is generally not accepted in court. The general rule is that all relevant evidence are prima facie admissible, except for hearsay and opinion. However, under the...
    1,373 Words | 4 Pages
  • Categories and Types of Evidence and Their Use in the Courtroom
    Introduction Criminal law is referred to as that branch of law concerned with crimes committed against the public authority. It is very different from civil law. An example is murder. It is very easy to put murder under civil law because it is a crime committed against another human being but the crime of murder is against the public interests. An example of civil crime is when a person does not honor a contract. Criminal law can be substantial or procedural. Substantial criminal law is...
    1,666 Words | 5 Pages
  • Trace Evidence Used to Solve Cases
    Trace evidence is based on Locard's exchange principle which contends that every contact no matter how slight will leave a trace . The trace is normally caused by objects or substances contacting one another, and leaving a small sample on the contact surfaces. Foreign objects or pieces of material present at a crime scene and tracing its origin can assist in an arrest and conviction the same way finding some trace from the victim or crime scene on a suspect can have a strong impact on a case....
    396 Words | 1 Page
  • Forensics Examiner and Digital Evidence in Nigeria
    ADMISSIBILITY OF THE OPINION OF A COMPUTER FORENSICS EXAMINER AS AN EXPERT EVIDENCE UNDER NIGERIAN LAW OF EVIDENCE By Philip O Nwachukwu As a general rule under Nigerian law of Evidence, the opinion evidence is irrelevant in court trials. Thus section 66 of the Evidence Act CAP E14, Laws of the. Federation of Nigeria (LFN), 2004 provides that the fact that any person is of the opinion that a fact in issue, or relevant to the issue, does or does not exist, is irrelevant to the existence of...
    2,122 Words | 6 Pages
  • Business Law Case - 300 Words
    State of Utah v. Travis Dee Timmermann FACTS: In the early morning of June 30, 2007, the Timmeran’s neighbor heard a woman screaming “stop it!” and “help me!” Around 7:00 am, the neighbor notified the police. Officer Mclelland asked Mrs. Timmeran to fill out a witness statement. In her three page statement, Mrs. Timmeran wrote that Mr. Timmeran repeatedly to hit her and force her to have intercourse. Another police officer asked her to submit to a sexual assault examination at the hospital....
    300 Words | 1 Page
  • Sexual Assault Federal and State Rules of Evidence
     Criminal Law (CRJS - 2003 - 1) For this week’s assignment I am going to discuss one federal and one state rule of evidence or statute and what affects they may have on both the prosecution and defense of sexual assault cases. Federal and State rules of evidence statues can affect both the prosecution’s ability to try a sexual assault case successfully, and a defender’s ability to defend their client successfully. The Federal Rules of Evidence › ARTICLE IV....
    648 Words | 2 Pages
  • 485 Forensic Law Midterm Exam
    JUS 485 Midterm Exam Answer the following questions, which are based upon the first four modules of the course. 1. Explain why it is that evidence gained through the forensic science process is almost always considered to be circumstantial evidence. The most important fact that makes forensic evidence circumstantial is because science cannot be clearly defined by law. The legal system have created standards and written legal rules regarding the admissibility of forensic evidence. When...
    2,774 Words | 8 Pages
  • Law and the Movies: My Cousin Vinny
     Law 199 – Law and the Movies Final Paper- My Cousin Vinny My Cousin Vinny is a film about the trial of two young men accused of murder in rural Alabama where one of the accused men has his cousin Vinny, a new lawyer, try to defend them. The whole story begins when Billy Gambini and his friend Stan Rothestein are driving through Beechum County, Alabama and they decide to stop at a convenience store. Once they leave the store, Billy realizes he forgot to pay for a can of tuna, and he...
    471 Words | 2 Pages
  • 81137787 Steps Necessary In Making Electronic Evidence Admissible In Court Pr
     Steps Necessary in Making Electronic Evidence Admissible in Court Name: Course: Instructor: Institution: Date of Submission: Introduction Electronic evidence or digital evidence is any information stored digitally that a party in a court case may use to prove a case in a court trial. This kind of evidence has been in use in the courtrooms for some timeandmay come in the form of instant message history logs, ATM transactions, browser history, databases, and other forms of electronic...
    4,479 Words | 13 Pages
  • In Support of Federal Rules of Evidence Rule 702 in the Movie "My Cousin Vinny""
    My Cousin Vinny Synopsis Cynthia S. Fridlich While there are many metaphors in My Cousin Vinny that would be interesting to explore, and we certainly could delve into the “transformative moments” that are peppered throughout the movie, the more interesting aspect of the movie is in the area of expert witnessing. To jump right in, when all seems lost for the jailed boys, William and Stanley (accused of murdering a store clerk, but thinking they had only accidentally shoplifted a can of...
    1,085 Words | 3 Pages
  • Case Study: The Extra Judicial Confession is a Weak Form of Evidence
    ------------------------------------------------- EXTRAJUDICIAL CONFESSIONS: HOW WEEK EVIDENCE ------------------------------------------------- SUBMITTED TO: Mr. PUSHPENDRA PANDEY (FACULTY FOR EVIDENCE LAW) SUBMITTED BY: EESHA GUPTA ROLL NO. – 330 ACKNOWLWDGEMNT Before starting this project I would like to thank my faculty, Mr. Pushpendra Pandey for giving me such a...
    5,004 Words | 14 Pages
  • Hearsay in Civil and Criminal Cases: The Law Reform Commission‘s Role
    ConSuLTATIon PAPeR Hearsay in Civil and Criminal Cases (LRC CP 60 – 2010) CONSULTATION PAPER HEARSAY IN CIVIL AND CRIMINAL CASES (LRC CP 60 - 2010) © COPYRIGHT Law Reform Commission FIRST PUBLISHED March 2010 ISSN 1393-3140 THE LAW REFORM COMMISSION‘S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission‘s principal role is to keep the law under review and to make proposals for reform, in...
    73,885 Words | 212 Pages
  • Davivo - 29614 Words
    No. 09-1060 ________________________________________________________________________ In the Appellate Court of Illinois Second District PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff-Appellee, ) Appeal from the ) Nineteenth Judicial ) Circuit Court ) v. ) Case. No. 92 CF 2751 ) JUAN A. RIVERA, JR., ) Hon. Christopher C. Starck ) Judge Presiding. Defendant-Appellant. )...
    29,614 Words | 75 Pages
  • Forensic Science - 567 Words
    Review Questions 1.​ What are the four types of evidence in a criminal investigation? The four types of evidence is physical evidence, documentary evidence, demonstrative evidence and testimony. 2.​ What are individual characteristics? Give an example of an individual characteristic? Individual characteristics are properties associated with a common source to a high degree of certainty. An example of individual characteristics that forensic scientists may look for are the ridge characteristics...
    567 Words | 3 Pages
  • Crawford V - 1475 Words
    Legal Memorandum TO: Judge Mack FROM: Legal Clerk- Paloma Garcia RE: Crawford v. Washington DATE: November 2, 2014 Petitioner Michael Crawford stabbed a man who allegedly tried to rape his wife, Sylvia. At his trial, the State played for the jury Sylvia's tape-recorded statement to the police describing the stabbing, even though Crawford had no opportunity for cross-examination. The State sought to introduce a recorded statement that petitioner's wife Sylvia had made during police...
    1,475 Words | 5 Pages
  • Fraud Exam study guide
    Character evidence is generally less useful in a civil case than in a criminal case. True Original copies of documents should be carefully preserved for court. Photocopies should be used during interviews and elsewhere in the investigation. True Character evidence might be admissible in a criminal case if entered to prove motive, opportunity, or ability. True Statements made by the witnesses about what defendants said are hearsay and therefore not admissible. False Which one of the...
    860 Words | 3 Pages
  • criminal investigation - 704 Words
    The quiz is multiple - choice and will c ontain material from Chapters 5 & 7 and Powerpoints. Some items to focus on include: Examination of Physical Evidence Individual Characteristics Class Characteristics Significance of Physical Evidence Facial Reconstruction Forensic Databases MurderScene: Death and Autopsies Estimating the time of death o Rigor mortis o Livor mortis o Algor mortis Forensic Entomologist History of Fingerprints Henry System Fundamental Principles of...
    704 Words | 5 Pages
  • Family and Crime - 12715 Words
    EVIDENCE Scope of Law on Evidence 1. Prescribes the manner of presenting evidence (Burden of Proof, rules 131-132); 2.Fixes the qualification and privilege of witnesses and the mode of examining them (Rule 132); 3.Determines among the probative matters, things which are logically and in their nature evidential, and what classes of things shall not be received. This excluding function of rules of exclusion is the chief characteristic of our law on evidence (Rules of...
    12,715 Words | 51 Pages
  • Hearsay and the Exceptions in Civil and Criminal Cases
    The general rule at common law is that hearsay evidence is inadmissible unless it falls within a common law or statutory exception. The rationale behind this exclusionary rule is that out of court statements made by others cannot be tested in court by cross-examination to see if they are true or not Hearsay evidence is renowned as one of the most difficult areas as of law to pigeon hole and define. It has been widely interpreted and reinterpreted by the courts. A useful starting point is the...
    1,960 Words | 5 Pages
  • Chapter 22 - 583 Words
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  • Problems in Society - 779 Words
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  • Week 2 Individual Work
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