Discussion Questions

  1. What is the difference between real evidence and testimonial evidence?

  2. What is the difference between direct and circumstantial evidence?

  3. What are the three types of circumstantial evidence relied upon in order to show intent or motive?

  4. What are the two ways that issues regarding the character of the defendant or victim can be brought into trial?

  5. Explain three types of judicial notice.

  6. What are the criticisms of judicial notice? Do you agree or disagree? Why?

  7. Explain the main differences between inferences and presumptions. What purpose is served by the use of presumptions and/or inferences?

  8. What are the constitutional requirements for presumptions?

  9. What are stipulations, and why are they used?

  10. What are the three procedures in court that are used as substitutes for evidence?

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