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. Relevancy
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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 set
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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 person’s
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A. Interrogations‚ Confessions‚ and Non-testimonial Evidence 1. The Exclusionary Rule: The principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution. The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects
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concerns when collecting evidence? That you are thorough‚ collect everything‚ do it in the proper and official manner‚ and that you do not tamper with or alter anything. 2. What precautions are necessary to preserve evidence state? Usually what is done is all of the evidence is duplicated several times and any processes involved with the investigation are done with the duplicates to ensure that the actual evidence isn’t altered in any way. 3. How do you ensure evidence remains in its initial
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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 experience
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Collecting evidence is an essential factor to the world of criminology. The evidence can determine whether the person is guilty or not guilty. The matter of handling evidence correctly becomes a priority to anyone who is working in the case. Throughout the years civil and criminal cases have impacted our world. They have determine whether the suspects of cases and have narrowed down to the offender. But the process that it takes to establish a final conclusion to present to a court is a long
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Does all evidences can be used to convict a person? Circumstantial evidence is an indirect evidence that relies on connection with a particular case‚ but can’t be used as a proving alone. People have different thought of should circumstantial evidence can be use to convict a person. In my opinion‚ circumstantial evidence should never use for declaration of guilt because of the following reason. First‚ it is not credible. Second‚ It does not contain any or non scientific analysis. Last but not least
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Carla Belisario Criminal Evidence 09/15/12 Defending the client and making sure that this case is dismissed would be a great outcome to this case. However‚ in order to do this we must make sure that the evidence does not enter the court room. The first point that we will acknowledge in this case is that in order for the evidence to not be admitted into court is by filing a “Motion to Suppress” the evidence presented by the prosecution. A motion to suppress is a motion that is usually filed on
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1. Relevant evidence is that which has the tendency to make a material issue more or less probable when presented before the court. The general rule for the admissibility of relevant evidence is Federal Rule of Evidence 402‚ which states that relevant evidence is admissible unless any of the following says otherwise: US Constitution‚ federal statutes‚ Federal Rules of Evidence‚ or any other rules set by the Supreme Court. The judge is the one makes the decision on if the evidence offered is relevant
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