Ashford University Nuts and Bolts of Evidence Questionnaire

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?

1. 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.
2. 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 victim’s or witness’s pretrial      identification of the defendant from photographs or a lineup?
3. 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?
4. Generally,      evidence of a person’s 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.
5. What      is meant by the statement that documentary evidence is not admissible      until it has been authenticated?
6. 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.
7. 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?
8. 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.
9. 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?
10. Under      what circumstances may summaries of voluminous documents be admitted into      evidence in lieu of the actual documents?
11. Under      what circumstances may summaries of voluminous documents be admitted into      evidence in lieu of the actual documents?