The answers to the questions and true-false inquiries with explanation are captured immediately below at the end of the section a suggested correct answer to the introductory “problem” is presented evidence stories by richard o lempert call number: online via west academic subscription and law reserves kf8934. The exclusion of the proposed question and answer constituted reversible error 2 the instant case raises two problems which will be dealt with in this note: (1) the extent of the rule against invading the province of the jury in cause and effect cases--cases where given a particular hurt, expert opinion evidence is offered as. At oral argument, each side's attorney is given a relatively brief opportunity to argue the case to the court, and to answer questions posed by the judges in the us supreme however, an error of law, such as admitting improper evidence, may be determined to be harmful and therefore reversible error after a case is orally. Resource materials for teachers, students and practitioners of the law of evidence this web site contains a selection of problems, cases and materials assembled by the authors for use by law students, law professors and law practitioners in the study of the law of evidence materials may be accessed. Boyll, jeffrey a (1983) witness explanations during cross-examination: a rule of evidence examined, indiana law journal: vol 58: iss 2, article 6 2 explanation of answers is usually only a problem on cross-examination on direct question calls for a yes or no answer, some states require the witness to answer yes.
Free problem question answers great examples of problem questions and answers from the experts at law teacher. If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code for questions on access or troubleshooting, please check our faqs, and if you can't find the answer there, please contact us. Question of law, as opposed to one of fact, is the one whose answer either lies in any law [statute, govt order, notification etc as enumerated in article only those facts which are proved by evidence are facts for the record of the case, rest become merely issues of fact of disputed facts.
The court must be satisfied on reasonable grounds that the answer may incriminate the witness in magmoed v janse van rensburg, a very important case, a policeman had been giving evidence at inquest, after a number of people had been shot dead by the police the policeman refused to answer the question of whether. Be regarded as perfect and necessarily exhaustive of all relevant issues disclosed by the particular question - in assessing each sample answer, an examiner has applied a combination of quantitative and the following: (i) whether you are being tested on rule(s) of civil procedure, evidence or legal.
These are sample student answers to the evidence problems assigned by professor steven friedland in his evidence law course at elon university school of law this student work attempts to identify relevant evidence issues and centers around the following. The uniform evidence acts maintain the question and answer format as the primary way in which witnesses are examined their evidence in narrative form would be helpful in overcoming the problems children face in giving evidence in court, although it would not address the problems associated with cross- examination.
Keane & mckeown: the modern law of evidence 11e exam advice the following general advice relates to examinations in evidence - whatever their precise format - containing problem-type and essay-type questions. That will almost always be how the essays on evidence go my problem is i don't even know where to start answering evidence questions my answers are all over the place the goal we're going to have for you is to correctly identify the issue then it's not as hard as you may think if you can correctly identify. The law distinguishes between questions of law and questions of fact an issue of relevance poses a question of law that is for the judge to decide and not the jury, and so far as relevance is defined in legal sources (for example, in federal rule of evidence 401 mentioned above), the judge must pay heed.
The concentrate questions and answers series offers the best preparation for tackling exam questions and coursework special measures directions, character evidence, hearsay, confessions, the defendant's silence, improperly obtained evidence, supporting evidence, identification expert opinion, issues in the course. The new south wales law reform commission reported overwhelming support from experts and their professional organisations who are involved in giving concurrent evidence before the land and environment court they find that, not being confined to answering questions put by the advocates, they are better able to. Indictment - the formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial it is used primarily for jury instructions - a judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.