Discussion Questions

  1. Explain Marbury v. Madison (1803) and the impact the case had on the judicial system.

  2. Explain the concepts of precedent and stare decisis.

  3. Give a detailed description of the Fourth Amendment and explain why it is particularly important in evidence law.

  4. Why is the Fourteenth Amendment one of the most important to the rights of citizens? What are the three clauses, and why are they so important?

  5. Explain the three standards of review used when an equal protection challenge is made.

  6. What is a fundamental right? Examples?

  7. Explain relevant evidence and give two examples.

  8. Explain competent evidence and give two examples.

  9. In thirteenth-century England there were people known as "oath helpers." What was their function, and what did their function evolve into?

  10. What is meant by FRE?

  11. What is a bill of attainder, and why was it prohibited by the Constitution?

  12. Explain the total incorporation approach. What does the total incorporation plus approach add to total incorporation?

  13. How does the selective incorporation approach differ from total incorporation?

  14. Explain the importance of rules of evidence.

  15. Explain the importance of common law to our system of law today.

  16. Explain the dual sovereignty exception.

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