@ProfdocDigitalLibraries <Best Online Study Materials>
Online Instructor’s Manual and Test Bank
for
Criminal Evidence, 1st Edition
Author: Robert Donley
1
,@ProfdocDigitalLibraries <Best Online Study Materials>
Table of Contents
PART I — The Criminal Legal System
1. The American Legal System
2. Criminal Law
3. Criminal Trial Process
4. Types and Forms of Evidence
5. Admissibility and Weight of Evidence
6. Evidence and the Constitution
PART II — The Law of Evidence
7. Competence
8. Authenticity and the Best Evidence Rule
9. Relevance
10. Relevance Exceptions: Prejudice, Cumulativeness, and Public Policy
11. Hearsay
12. Privilege
13. Witnesses: Credibility and Impeachment
2
,@ProfdocDigitalLibraries <Best Online Study Materials>
Chapter 1: The American Court System
Chapter overview
This chapter introduces the student to the basic structure and functions of courts in the federal
and state systems. This understanding is required to provide context for the law of evidence.
The chapter begins with a general discussion of the four levels of court: minor courts, trial
courts, intermediate appellate courts, and courts of final appeal. It then focuses on federal courts,
explaining federal criminal jurisdiction and the structure of the federal District, Circuit, and
Supreme Courts. After a brief discussion of state courts and a resource identifying the specific
courts in each state, the chapter turns to the question of how federal and state jurisdiction
interact. This discussion addresses what happens when a single act violates both federal and
state laws, crosses state lines, and violates the laws of multiple state jurisdictions. The chapter
also looks at what happens when there is a conflict between federal and state criminal laws, and
concludes with a brief discussion of court rules and the Rules of Evidence.
Chapter objectives
1. Explain the general structure of state and federal court systems.
2. Identify the four main levels of courts and describe the functions of each.
3. Explain the path of appeal in the federal and state court systems
4. Distinguish between the criminal jurisdiction of federal and state court systems.
5. Describe the options open to an appellate court ruling on a trial judge’s decisions.
6. Explain the interplay between federal and state court jurisdiction.
7. Contrast the scope and purpose of federal/state and local rules of court.
8. Identify the keys subject areas of the Federal Rules of Evidence.
Lecture outline
3
, @ProfdocDigitalLibraries <Best Online Study Materials>
● Introduction
o Evidence law is procedural, not substantive
o The law of evidence only has meaning in proceedings before courts and other
tribunals
o To understand evidence law, students must understand how courts work.
● General Structure of Court Systems
o In general
o Two main levels of courts
▪ Federal
● Federal courts are separate from but not “superior” to state court
systems
● In criminal cases, federal courts apply federal criminal law only
● Federal courts have no power over how state laws are applied
● Federal courts have final say in interpreting the U.S. Constitution
● All state courts must comply with federal constitutional law
▪ State
● State courts hear cases involving violations of state criminal law
● Each state has its own criminal court system
● States hear many more criminal cases than federal courts
● Four levels of court within each system
o Minor courts
▪ Often called “magistrates” or “justices of the peace”
▪ Issue arrest and search warrants
4
Online Instructor’s Manual and Test Bank
for
Criminal Evidence, 1st Edition
Author: Robert Donley
1
,@ProfdocDigitalLibraries <Best Online Study Materials>
Table of Contents
PART I — The Criminal Legal System
1. The American Legal System
2. Criminal Law
3. Criminal Trial Process
4. Types and Forms of Evidence
5. Admissibility and Weight of Evidence
6. Evidence and the Constitution
PART II — The Law of Evidence
7. Competence
8. Authenticity and the Best Evidence Rule
9. Relevance
10. Relevance Exceptions: Prejudice, Cumulativeness, and Public Policy
11. Hearsay
12. Privilege
13. Witnesses: Credibility and Impeachment
2
,@ProfdocDigitalLibraries <Best Online Study Materials>
Chapter 1: The American Court System
Chapter overview
This chapter introduces the student to the basic structure and functions of courts in the federal
and state systems. This understanding is required to provide context for the law of evidence.
The chapter begins with a general discussion of the four levels of court: minor courts, trial
courts, intermediate appellate courts, and courts of final appeal. It then focuses on federal courts,
explaining federal criminal jurisdiction and the structure of the federal District, Circuit, and
Supreme Courts. After a brief discussion of state courts and a resource identifying the specific
courts in each state, the chapter turns to the question of how federal and state jurisdiction
interact. This discussion addresses what happens when a single act violates both federal and
state laws, crosses state lines, and violates the laws of multiple state jurisdictions. The chapter
also looks at what happens when there is a conflict between federal and state criminal laws, and
concludes with a brief discussion of court rules and the Rules of Evidence.
Chapter objectives
1. Explain the general structure of state and federal court systems.
2. Identify the four main levels of courts and describe the functions of each.
3. Explain the path of appeal in the federal and state court systems
4. Distinguish between the criminal jurisdiction of federal and state court systems.
5. Describe the options open to an appellate court ruling on a trial judge’s decisions.
6. Explain the interplay between federal and state court jurisdiction.
7. Contrast the scope and purpose of federal/state and local rules of court.
8. Identify the keys subject areas of the Federal Rules of Evidence.
Lecture outline
3
, @ProfdocDigitalLibraries <Best Online Study Materials>
● Introduction
o Evidence law is procedural, not substantive
o The law of evidence only has meaning in proceedings before courts and other
tribunals
o To understand evidence law, students must understand how courts work.
● General Structure of Court Systems
o In general
o Two main levels of courts
▪ Federal
● Federal courts are separate from but not “superior” to state court
systems
● In criminal cases, federal courts apply federal criminal law only
● Federal courts have no power over how state laws are applied
● Federal courts have final say in interpreting the U.S. Constitution
● All state courts must comply with federal constitutional law
▪ State
● State courts hear cases involving violations of state criminal law
● Each state has its own criminal court system
● States hear many more criminal cases than federal courts
● Four levels of court within each system
o Minor courts
▪ Often called “magistrates” or “justices of the peace”
▪ Issue arrest and search warrants
4
