Questions. Evidence
Description
This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Questions. Evidence
Chapter I
Page 139.
1. Define evidence.
2. What is competent evidence?
3. When is evidence "relevant?"
4. Discuss the "materiality" of evidence.
Page 140.
1. Distinguish between evidence and proof.
2. Define direct evidence.
3. What is meant by "circumstantial evidence?"
Page 141.
1. Define affirmative evidence.
2. Define negative evidence.
3. Which is entitled to the more weight?
Chapter 11
Page 143.
1. Discuss the "best evidence rule."
Page 144.
1. Distinguish between primary and secondary evidence.
Chapter III
Page 147.
1. Define judicial notice.
2. Name a few things courts will take judicial notice of.
Page 148.
1. What is the effect of judicial notice?
Chapter IV
Page 149.
2. Name the exceptions to the rule excluding hearsay.
Page 155.
1. Define a dying declaration.
2. In what cases and upon what principle are dying declarations admissible?
Page 156.
1. What is an admission?
Page 157.
1. Define confession.
Chapter V
Page 163.
1. Classify presumptions.
2. Define presumptions of law.
3. Define conclusive presumptions.
4. Define rebuttable presumptions.
Page 165.
1. Define false or spurious presumptions.
2. Define presumptions of fact.
Chapter VI
Page 167.
1. Define privileged communications.
2. Are statements made to physicians and clergymen privileged?
Page 168.
1. Is a witness obliged to disclose siate secrets? 2- Can a witness be compelled to testify against himself in a criminal case?
Page 169.
1. What is the status of communications between husband and wife?
Chapter VII
Page 171.
1. Define expert and opinion evidence.
Page 175.
1. What can you say about the opinions of nonexperts?
Page 176.
1. Are medical or scientific books admissible in evidence?
2. When are photographs and skiagraphs received in evidence?
Page 180.
1. Can expert witnesses be compelled to answer questions calling for a strictly professional opinion without extra compensation?
Chapter VIII
Page 191.
1. Define "burden of proof."
2. Does the burden of proof ever shift?
Chapter IX
Page 193.
1. What can you say as to the testimony of accomplices and accessories?
Page 194.
1. Is a wife competent to testify against her husband?
Page 195.
1. Discuss the competency of children as witnesses.
2. May a lunatic testify?
Page 196.
1. Discuss the competency of felons and convicts as witnesses.
2. Of infidels and atheists.
Page 197.
1. What provision was made concerning the taking of the oath by Quakers?
Page 198.
1. Are Indians, Chinamen and Negroes competent witnesses?
Page 200. 1. Tell all about deaf and dumb persons as witnesses.
Page 202. 1. In what ways may the testimony of a witness be impeached?
Chapter X
Page 205.
1. Define a deposition.
2. As a general rule, may depositions be taken in criminal cases?
Page 212.
1. What is the effect of appearing and cross-examining the witnesses when a deposition is taken?
Page 216.
1. What is meant by "settling the interrogatories?"
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