Admissible - Study guides, Class notes & Summaries

What is hearsay? Ans: An out of court statement offered to prove the truth of the matter asserted. What includes non-hearsay? (Generally) (2) Ans: (1) certain prior statements of a testifying witnesses; (2) admissions of a party opponent Prior Inconsistent Statements (Non-Hearsay) Ans: Only prior inconsistent statements made under oath at a trial hearing or deposition made by the declarant are admissible as substantive evidence as non-hearsay Prior Consistent Statements Ans: A witness'...

LEV Notes Law of Evidence (University of South Africa) lOMoARcPSD| WITNESSES 2 aspects of oral evidence: 1. COMPETENCE OF WITNESS TO TESTIFY Whether person has mental capacity to testify – if not, they are not competent to testify & court cannot hear their evidence under any circumstances Note the diff btw admissibility and competence: - Admissibility = evidence of a person who is already a competent witness - Competence = focuses on the person Parties cannot consent to admission o...

CALIFORNIA BAR EXAM: EVIDENCE QUESTIONS AND ANSWERS 100% CORRECT Logical RELEVANCE - Answer- Evidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevance - Answer- logically relevant evidence may be exclud...

_______ evidence directly links a person to a crime - correct answer Direct _______ evidence relies on an inference to connect a conclusion of fact - correct answer Circumstantial _________ evidence is tangible and may be direct or circumstantial - correct answer Physical __________ evidence refers to evidence and/or statements which tend to clear, justify or excuse a defendant from alleged fault or guilt - correct answer Exculpatory Evidence to be admissible in court must be _____ a...

CALIFORNIA BAR EXAM: EVIDENCE QUESTIONS AND ANSWERS 100% CORRECT Logical RELEVANCE - Answer- Evidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevance - Answer- logically relevant evidence may be exclud...

Computer Forensics - Answer-A set of methodological procedures and techniques that help identify, gather, preserve, extract, interpret, document, and present evidence from computers in a way that is legally admissible Cyber Crime - Answer-Any illegal act involving a computing device, network, its systems, or its applications. Both internal and external Enterprise Theory of Investigation (ETI) - Answer-Methodology for investigating criminal activity Types of Cyber Crime - Answer-Civil, Crim...

Criminal Procedure GPSTC 320-321 Questions And Answers probable cause - ANS-*facts or circumstances* that would make a reasonable or prudent *person* believe a crime is being or has been committed. Probable cause to search v probably cause to arrest - ANS-Two types of probable cause An arrest without probable cause is - ANS-illegal PC is the basis for - ANS-a *legal* search or a *legal* arrest The Exclusionary Rule definition - ANS-A rule that provides that otherwise admissible evid...

Who decides whether evidence is admissible, the judge or the jury? - Answer- Judge With respect to preliminary questions, the party offering the evidence ordinarily bears the burden to persuade the trial judge by what standard of proof? - Answer- Preponderance of the Evidence Once the evidence has been admitted by the judge, it is the role of the jury to determine the _______ and _______ of the evidence. - Answer- Weight Credibility Preliminary hearings about the admissibility of evide...

This document contains workings, explanations and solutions to the FOR2609 Assignment 2 (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4... Question 1 In your own words provide your understanding of the term “previous consistent statement”. (10) Question 2 Opinion evidence can be crucial in solving the case in court. Discuss opinion evidence and the exceptions to the general rule of admissibility. (5) Question 3 The principle of adducing evidence...

Criminal Procedure GPSTC 320/321 Exam Questions With 100% Verified Answers Probable cause - answer*facts or circumstances* that would make a reasonable or prudent *person* believe a crime is being or has been committed. Probable cause to search v probably cause to arrest - answerTwo types of probable cause An arrest without probable cause is - answerillegal PC is the basis for - answera *legal* search or a *legal* arrest The Exclusionary Rule definition - answerA rule that provides that o...