The First Week,Evidence Law

Unit Test 1

1、Which one is not the method of trial in the system of divine testimony?
    A、Trial by ordeal
    B、Trial by battle
    C、Trial by wager of law
    D、Both of A,B and C are the methods of trial

2、The legal evidence system is ()to the divine evidence system.
    A、affirmation
    B、disavowal
    C、inheritance
    D、amendment

3、What are the basic principles of evidence law?
    A、Evidence adjudication principle
    B、Principle of presumption of innocence
    C、Procedures are legal
    D、Principle of not forcing self incrimination

4、Which of the following are the orgins of evidence law?
    A、Constitution
    B、Procedure law
    C、Criminal law
    D、Judicial interpretation

5、Judicial Discretion System first appeared in a Italy decree issued in 1791, which stipulated that "judges must use their own free testimony as the sole basis for adjudication”.

6、The system of legal evidence is in order to restrict the judge's power,preventing the judge from abusing judicial power,and to help to maintain feudal centralism.

7、The theoretical basis of evidence law are()and().

8、The legilative mode of evidence law includes()and().

Unit Homework 1

1、In your opinion,what does the System of Legal Evidence mean?

2、How do you think the relationship between objective truth and legal truth?

The Second Week,Evidence Law

Unit Test 2

1、The principle of presumption of innocence was written into law for the first time in which country?
    A、America
    B、England
    C、French
    D、Italy

2、The human rights was first written into Chinese constitution in().
    A、1988
    B、1999
    C、2004
    D、2018

3、The theoretical basis of the principles Against Self-incrimination lies in().
    A、This principle is the inevitable requirement of the principle of presumption of innocence and burden of proof.
    B、The principle is the embodiment of the theory of human rights protection in criminal proceedings.
    C、The principle is also a requirement of humanism,individualism and liberalism.
    D、The principle reflects the criminal procedure to pay attention to the legitimacy of the procedure.

4、Which of the following are the contents of principle of legal proceedings?
    A、How to collect,examine and judge evidence.
    B、How to determine the facts of a case based on evidence.
    C、No one can be forced to give evidence against himself or be forced to admit a crime by means of violence, coercion or other means.
    D、In a criminal proceeding,any person suspected or accused of a crime should be presumed to be innocent by law until he or she is finally found guilty by the judicial process.

5、The establishment of the principle of evidence adjudication in the legal provisions started from Japan and further affected Asia and even the world.

6、The right of silence is stipulated in Chinese Criminal Procedure Law.

Unit Homework 2

1、How do you think of the relatationship between justice,human rights,order and efficiency?

2、Write a brief introduction of the content of the principle of evidentiary adjudication.

The Third Week,Evidence Law

Unit Test 3

1、As for documentary evidence, which one of the following is right?
    A、It is not allowed to overturn the records of official documents.
    B、Reportage documentary evidence itself can also cause corresponding legal consequences.
    C、Special documentary evidence can only be produced based on the law.
    D、Character evidence is the most common documentary evidence.

2、Which one of the following is true about evidence?
    A、"Prove facts relating with cases by the expression thinking or contents recorded in it"is the characteristic of physical evidence.
    B、From the content and essence,the evidence must be the fact that has some relationships with the case.
    C、Objectivity is not the attributes of evidence.
    D、Documentary evidence exists in written form.

3、Which of the followng are the meaning of physical evidence?
    A、Strong objectivity that can paly a control to statement of parties and witness, etc.
    B、Draw forth and verify other evidence.
    C、An important method that prove and ascertain facts.
    D、Materials that has character, symbol, picture.

4、Which of the following statements about the relevance of the evidence are true?
    A、The relevance between the evidence and case facts is objective.
    B、The form of expression of relevance is varied.
    C、All evidence are the entity that exist objectively, no matter it is a person or goods, are objective.
    D、The relation that between the fact as the evidence content and the fact that need to be proved.

5、Which of the following are the definition of witness testimony?
    A、Statements that has relations with case conditions.
    B、Anyone who are no parties and who realize case conditions.
    C、Concerning what he/she perceived.
    D、Tell the state organs.

6、All materials that may be used to prove the facts of a case are evidence.

7、Indirect evidence generally can only prove part fact, notmain fact.

Unit Homework 3

1、How do you think of the significance of documentary evidence?

2、Compare the characteristics and functions of direct evidence and indirect evidence.

The Fourth Week,Evidence Law

Unit Test 4

1、Which of the following is not the part of the definition of the expert opinion?
    A、persons with expertise
    B、need to be clarified by expert in order to solve the case
    C、video and audio materials that contain content related to the case
    D、identification or evaluation

2、Sound recording is a type of()?
    A、Audio-Visual material
    B、Documentary Evidence
    C、Electronic Data
    D、Expert Opinion

3、Which of the following are the electronic data?
    A、Communication information of network application services such as mobile phone text messages, emails, instant messaging, and communication groups;
    B、Electronic files such as documents, pictures,audio and video, digital certificates, and computer programs;
    C、Information published on web platforms, such as webpages,blogs, microblogs, Moments of Friends, Tieba , and Netdisk;
    D、User registration information, identity authentication information, electronic transaction records, communication records,login logs and other information;

4、Which of the fololowing are the characters of expert opinion?
    A、produced after a case;
    B、an identification or evaluation expert has special knowledge,who is assigned or retained to conduct identification or evaluation;
    C、directly perceived through the senses, dynamically visualized;
    D、a kind of judgment which can only be made by special knowledge,an opinion evidence;

5、Which of the following are the rights belong to expert according to the chapter"Expert Opinion"?
    A、know the case materials related to the judicial authentication
    B、refuse to make judicial authentication when there are no conditions
    C、collect fees and obtain corresponding economic compensation
    D、participate in the whole trial

6、Expert witnesses sometimes function as an advocate for one side or the other in the court.

7、Electronic data refers to evidence in electronic form such as e mails, online chat records, electronic signatures, and access records related to the facts of the case.

Unit Homework 4

1、Write down the similarities and differences between electronic data and audiovisual materials.

The Fifth Week,Evidence Law

Unit Test 5

1、Which of the following is not the characteristic of direct evidence?
    A、The proving process is complicated.
    B、Can prove the main facts of the case by itself.
    C、Scarce and difficult to obtain.
    D、Normally in verbal form.

2、The evidence that can prove the main fact of the case, is called().
    A、Direct evidence.
    B、Indirect evidence.
    C、Original Evidence.
    D、Derivative Evidence.

3、Which of the following are the features of testimony?
    A、It can reveal the facts in a more direct way.
    B、Stronger objectivity and stability.
    C、Changeable.
    D、Having strong connection with the personal factors.

4、Which of the following are the the characteristics of indirect evidence?
    A、A single indirect evidence can only prove a part of the case fact.
    B、The proving process is complicated.
    C、Normally in verbal form.
    D、Only when combined with other evidence the indirect evidence can prove the main fact.

5、How to examine derivative evidence in practice?
    A、Among all derivative evidence, we can pick any one of them.
    B、In criminal procedure, normally we will not give a guilty verdict on basis of only derivative evidence.
    C、If the original evidence and its derivative one convey conflicting information, usually we will take the original.
    D、Evidence of unknown or unclear source, such as street gossip, are inadmissible.

6、Testimony is the subjective expression of people's perception of the case.

7、Original evidence comes directly from the case, which means it's the first hand material and no reproduction or hearsay happen.

Unit Homework 5

1、What are the differences of original evidence and derivative evidence?Please list two examples of original evidence and derivative evidence separately.

The Sixth Week,Evidence Law

Unit Test 6

1、A principle of excluding illegally obtained oral evidence including confession was established in judicial interpretation by both the SPC and SPP after the( )CPL was enacted.
    A、1979
    B、1996
    C、2012
    D、2018

2、When we use ( ) to give a guilty conviction, the standard of proof should be beyond reasonable doubt.
    A、inculpatory evidence
    B、exculpatory evidence
    C、direct evidence
    D、indirect evidence

3、What types of evidence that can be excluded under the exclusionary rule?
    A、Physical Evidence.
    B、Oral Evidence.
    C、Witness testimony.
    D、Derrivative Evidence.

4、What are he purposes of the Exclusionary Rule?
    A、Protect defendant's rights.
    B、Ensure procedural justice.
    C、Ensure substantive justice.
    D、Punish crime more efficiently.

5、What are the purpose of Evidentiary Rules?
    A、Procedural fairness.
    B、Although the rules of eivdnece are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result.
    C、To be fair to both parties, disallowing the raising of allegations without a basis in provable fact.
    D、Procedural fairness.

6、China has established admissiblity rules of character evidence or similar fact evidence.

7、Only judges have the authority to exclude illegally obtained evidence.

Unit Homework 6

1、What is the Exclusionary Rule and how to understand the Exclusionary Rule?

2、How to understand the principle of relevance?

The Seventh Week,Evidence Law

Unit Test 7

1、In the trial stage of criminal proceedings, the main body of proof is the( ).
    A、Police.
    B、Prosecutor.
    C、Judge.
    D、Criminal suspect.

2、Which of the following is not the substantive law fact?
    A、The essential facts of the crime.
    B、The facts that exclude the illegality,punishability,or criminal responsibility of the perpetrator.
    C、The statutory and discretionary sentencing facts.
    D、The reasons for avoidance.

3、About the burden of proof,which of the following are right?
    A、Burden of presenting evidence refers to the responsibility of the prosecutor and the defendant to provide evidence to prove their claims during the court hearing.
    B、Mainly solves the problem of “who will prove ”,that is, whether the specific litigation subject has the obligation to provide evidence and use evidence to prove the facts of the case.
    C、The burden of proof in criminal proceedings can be defined from two levels: burden of presenting evidence and duty of proof.
    D、Duty of proof refers to the obligation of proof that the public and judicial organs and their staff should undertake in criminal proceedings based on the requirements of the state for their duties.

4、What are the basic requirements for evidence in China?
    A、Authenticity
    B、Comprehensive
    C、Relevance.
    D、Legality.

5、Which of the following are the objects of proof in criminal proceedings?
    A、The facts of deciding whether criminal compulsory measures should be taken against the criminal suspect.
    B、The facts about the ability of evidence, such as whether to obtain evidence by illegal means.
    C、The facts confirmed by the effective judgment of the court and not retried in accordance with the trial supervision procedure.
    D、Some certain facts in execution,such as stopping the execution of the death penalty.

6、Hearsay rule has been adopted by Chinese laws.

7、China's best evidence rule applies to both documentary evidence and physical evidence.

Unit Homework 7

1、How do you understand the proof-free facts?Could you please give some examples?

2、What is the standard of proof?Talk about your own understanding based on the actual situation.

The Eghth Week,Evidence Law

Unit Test 8

1、Which of the following is not the correct understanding about the burden of proof?
    A、Generally speaking, the moving party, i.e. the prosecutor or the plaintiff will have the burden of proof.
    B、Burden of proof could exist apart from standard of proof.
    C、Pay attention to the burden to establish the existence or non existence of each "elements".
    D、Clear and convincing is a kind of burden of persuasion.

2、Which of the following is not the special demand of the arrest standard?
    A、Have evidence to prove a crime happened.
    B、The facts are clear, the evidence is reliable and sufficient.
    C、Have evidence to prove that the crime was committed by the suspect.
    D、The evidence that can prove the suspect commit the crime has been ascertained to be true.

3、About the judicial notice,which of the following is not correct?
    A、The usual method of establishing adjudicative facts is through the introduction of evidence, ordinarily consisting of the testimony of witnesses.
    B、The court must take judicial notice at specific stage of the proceeding.
    C、Legal disputes about foreign affairs are generally settled by judicial notice by obtaining the information directly from the office of the Secretary of State (in the United States) or the Foreign Secretary (in the United Kingdom).
    D、During the prosecution phase of U.S. patent applications, a similar concept to judicial notice is applied by patent examiners, but the process is referred to as taking "official notice".

4、About the reasonable doubt,which of the folloing is not correct?
    A、A reasonable doubt is not a doubt based on sympathy of prejudice or vague idea, it is based on reason and common sense.
    B、A reasonable doubt is logically connected to evidence.
    C、A reasonable doubt requires absolute certainty.
    D、A reasonable doubt is more than just the accused is probably guilty.

5、What are the requirments if the evidence is reliable and sufficient?
    A、Have evidence to prove that the crime was committed by the suspect.
    B、All facts for conviction and sentencing are supported by evidence.
    C、All evidence used to decide a case has been verified under legal procedures.
    D、All facts found are beyond reasonable doubt based on all evidence of the case.

6、Which of the following are the revelances of judicial notice and presumption?
    A、Only judges can confirm the contents of judicial notice and presumed contents.
    B、Both affect the distribution of proof responsibility.
    C、Both are in order to reduce the pressure of proof responsibility and improve the efficiency of litigation.
    D、Judicially notified facts can be used as the premise of presumption.

7、Which of the following facts are the facts that the parties need not provide evidence?
    A、Well known facts and natural laws.
    B、The facts that have been determined by the people's court for legally effective judgment.
    C、The facts that have been proved by valid notaries.
    D、The facts stated and the claims moved by the other party are clearly acknowledged by one party.

8、About the specific presumption,which of the following are correct?
    A、A person who faces criminal trial is presumed sane until the opposite is proved.
    B、The accused shall be presumed innocent until proven guilty by trial.
    C、A person is presumed to have testamentary capacity until there is evidence to undermine that presumption.
    D、A husband is the biological father of a child born to his wife during the marriage, or within nine months after the marriage is ended by death, legal separation, or divorce.

9、Presumption of innocence is a classic example for the presumptions with basic facts.

10、In the law of the United States, the presumption of constitutionality presumes that all statutes are drafted inaccordance with Federal and state constitutional requirements.

11、In criminal cases,the burden of proof is usually laid on the prosecution.

12、The court may judicially notice a fact that is not subject to reasonable dispute because it can be accurately and readily determined from sources whose accuracy can not reasonably be questioned.

Unit Homework 8

1、What are the reversals of burden of proof?And talk about your own understanding.

2、How to understand proof standard in criminal cases?

Final Exam

Final Exam 1

1、The human rights was first written into Chinese constitution in which year?
    A、1988
    B、1999
    C、2004
    D、2018

2、Which one of the following is true about evidence?
    A、"Prove facts relating with cases by the expression thinking or contents recorded in it"is the characteristic of physical evidence.
    B、From the content and essence,the evidence must be the fact that has some relationships with the case.
    C、Objectivity is not the attributes of evidence.
    D、Documentary evidence exists in written form.

3、Sound recording is a type of()?
    A、Audio-Visual material
    B、Documentary Evidence
    C、Electronic Data
    D、Expert Opinion

4、Which of the following is not the characteristic of direct evidence?
    A、The proving process is complicated.
    B、Can prove the main facts of the case by itself.
    C、Scarce and difficult to obtain.
    D、Normally in verbal form.

5、When we use ( ) to give a guilty conviction, the standard of proof should be beyond reasonable doubt.
    A、inculpatory evidence
    B、exculpatory evidence
    C、direct evidence
    D、indirect evidence

6、Which of the following is not the substantive law fact?
    A、The essential facts of the crime.
    B、The facts that exclude the illegality,punishability,or criminal responsibility of the perpetrator.
    C、The statutory and discretionary sentencing facts.
    D、The reasons for avoidance.

7、Which of the following is not the substantive law fact?
    A、The essential facts of the crime.
    B、The facts that exclude the illegality,punishability,or criminal responsibility of the perpetrator.
    C、The statutory and discretionary sentencing facts.
    D、The reasons for avoidance.

8、Which of the following is not the special demand of the arrest standard?
    A、Have evidence to prove a crime happened.
    B、The facts are clear, the evidence is reliable and sufficient.
    C、Have evidence to prove that the crime was committed by the suspect.
    D、The evidence that can prove the suspect commit the crime has been ascertained to be true.

9、Which of the following is not the correct understanding about the burden of proof?
    A、Generally speaking, the moving party, i.e. the prosecutor or the plaintiff will have the burden of proof.
    B、Burden of proof could exist apart from standard of proof.
    C、Pay attention to the burden to establish the existence or non existence of each "elements".
    D、Clear and convincing is a kind of burden of persuasion.

10、The legal evidence system is ( )to the divine evidence system.
    A、affirmation
    B、disavowal
    C、inheritance
    D、amendment

11、Which of the following statements about the relevance of the evidence are true?
    A、The relevance between the evidence and case facts is objective.
    B、The form of expression of relevance is varied.
    C、All evidence are the entity that exist objectively, no matter it is a person or goods, are objective.
    D、The relation that between the fact as the evidence content and the fact that need to be proved.

12、Which of the following are the electronic data?
    A、Communication information of network application services such as mobile phone text messages, emails, instant messaging, and communication groups.
    B、Electronic files such as documents, pictures,audio and video, digital certificates, and computer programs.
    C、Information published on web platforms, such as webpages,blogs,microblogs,Moments of Friends,Tieba ,and Netdisk.
    D、User registration information, identity authentication information, electronic transaction records, communication records,login logs and other information.

13、Which of the fololowing are the characters of expert opinion?
    A、produced after a case.
    B、an identification or evaluation expert has special knowledge,who is assigned or retained to conduct identification or evaluation.
    C、directly perceived through the senses, dynamically visualized.
    D、a kind of judgment which can only be made by special knowledge,an opinion evidence.

14、Which of the following are the the characteristics of indirect evidence?
    A、A single indirect evidence can only prove a part of the case fact.
    B、The proving process is complicated.
    C、Normally in verbal form.
    D、Only when combined with other evidence the indirect evidence can prove the main fact.

15、How to examine derivative evidence in practice?
    A、Among all derivative evidence, we can pick any one of them.
    B、In criminal procedure, normally we will not give a guilty verdict on basis of only derivative evidence.
    C、If the original evidence and its derivative one convey conflicting information, usually we will take the original.
    D、Evidence of unknown or unclear source, such as street gossip, are inadmissible.

16、What types of evidence that can be excluded under the exclusionary rule?
    A、Physical Evidence.
    B、Oral Evidence.
    C、Witness testimony.
    D、Derrivative Evidence.

17、What are the purpose of Evidentiary Rules?
    A、Procedural fairness.
    B、Although the rules of eivdnece are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result.
    C、To be fair to both parties, disallowing the raising of allegations without a basis in provable fact.
    D、Procedural fairness.

18、Which of the following are the objects of proof in criminal proceedings?
    A、The facts of deciding whether criminal compulsory measures should be taken against the criminal suspect.
    B、The facts about the ability of evidence, such as whether to obtain evidence by illegal means.
    C、The facts confirmed by the effective judgment of the court and not retried in accordance with the trial supervision procedure.
    D、Some certain facts in execution,such as stopping the execution of the death penalty.

19、About the burden of proof,which of the following are right?
    A、Burden of presenting evidence refers to the responsibility of the prosecutor and the defendant to provide evidence to prove their claims during the court hearing.
    B、Mainly solves the problem of “who will prove ”,that is, whether the specific litigation subject has the obligation to provide evidence and use evidence to prove the facts of the case.
    C、The burden of proof in criminal proceedings can be defined from two levels: burden of presenting evidence and duty of proof.
    D、Duty of proof refers to the obligation of proof that the public and judicial organs and their staff should undertake in criminal proceedings based on the requirements of the state for their duties.

20、What are the requirments if the evidence is reliable and sufficient?
    A、Have evidence to prove that the crime was committed by the suspect.
    B、All facts for conviction and sentencing are supported by evidence.
    C、All evidence used to decide a case has been verified under legal procedures.
    D、All facts found are beyond reasonable doubt based on all evidence of the case.

21、The right of silence is stipulated in Chinese Criminal Procedure Law.

22、All materials that may be used to prove the facts of a case are evidence.

23、Expert witnesses sometimes function as an advocate for one side or the other in the court.

24、Testimony is the subjective expression of people's perception of the case.

25、Only judges have the authority to exclude illegally obtained evidence.

26、China has established admissiblity rules of character evidence or similar fact evidence.

27、China's best evidence rule applies to both documentary evidence and physical evidence.

28、Presumption of innocence is a classic example for the presumptions with basic facts.

29、In criminal cases,the burden of proof is usually laid on the prosecution.

30、Judicial Discretion System first appeared in a Italy decree issued in 1791, which stipulated that "judges must use their own free testimony as the sole basis for adjudication”.

Final Exam 2

1、There are eight discussion topics. Please choose four of them to answer and mark the serial number of your choices.15 points for each topic.If you choose more than four topics to answer, score the first four. A.Give examples of what is direct evidence and what is indirect evidence, and explain their similarities and differences. B.What is the exclusionary rules of illegally obtained evidence? C.What is the proof standard in criminal procedure according to Chinese Criminal Procedure Law? D.Combined with specific cases, talk about your understanding of the principle of presumption of innocence. E.Talk about your understanding of objective truth and legal truth. F.How to understand the relevance of evidence? Please give an example. G.Explain the application rules of original evidence and derivative evidence. H.Talk about your understanding of the principle against self-incrimination.

Final Exam

Final Exam 1

1、The human rights was first written into Chinese constitution in which year?
    A、1988
    B、1999
    C、2004
    D、2018

2、Which one of the following is true about evidence?
    A、"Prove facts relating with cases by the expression thinking or contents recorded in it"is the characteristic of physical evidence.
    B、From the content and essence,the evidence must be the fact that has some relationships with the case.
    C、Objectivity is not the attributes of evidence.
    D、Documentary evidence exists in written form.

3、Sound recording is a type of()?
    A、Audio-Visual material
    B、Documentary Evidence
    C、Electronic Data
    D、Expert Opinion

4、Which of the following is not the characteristic of direct evidence?
    A、The proving process is complicated.
    B、Can prove the main facts of the case by itself.
    C、Scarce and difficult to obtain.
    D、Normally in verbal form.

5、When we use ( ) to give a guilty conviction, the standard of proof should be beyond reasonable doubt.
    A、inculpatory evidence
    B、exculpatory evidence
    C、direct evidence
    D、indirect evidence

6、Which of the following is not the substantive law fact?
    A、The essential facts of the crime.
    B、The facts that exclude the illegality,punishability,or criminal responsibility of the perpetrator.
    C、The statutory and discretionary sentencing facts.
    D、The reasons for avoidance.

7、Which of the following is not the substantive law fact?
    A、The essential facts of the crime.
    B、The facts that exclude the illegality,punishability,or criminal responsibility of the perpetrator.
    C、The statutory and discretionary sentencing facts.
    D、The reasons for avoidance.

8、Which of the following is not the special demand of the arrest standard?
    A、Have evidence to prove a crime happened.
    B、The facts are clear, the evidence is reliable and sufficient.
    C、Have evidence to prove that the crime was committed by the suspect.
    D、The evidence that can prove the suspect commit the crime has been ascertained to be true.

9、Which of the following is not the correct understanding about the burden of proof?
    A、Generally speaking, the moving party, i.e. the prosecutor or the plaintiff will have the burden of proof.
    B、Burden of proof could exist apart from standard of proof.
    C、Pay attention to the burden to establish the existence or non existence of each "elements".
    D、Clear and convincing is a kind of burden of persuasion.

10、The legal evidence system is ( )to the divine evidence system.
    A、affirmation
    B、disavowal
    C、inheritance
    D、amendment

11、Which of the following statements about the relevance of the evidence are true?
    A、The relevance between the evidence and case facts is objective.
    B、The form of expression of relevance is varied.
    C、All evidence are the entity that exist objectively, no matter it is a person or goods, are objective.
    D、The relation that between the fact as the evidence content and the fact that need to be proved.

12、Which of the following are the electronic data?
    A、Communication information of network application services such as mobile phone text messages, emails, instant messaging, and communication groups.
    B、Electronic files such as documents, pictures,audio and video, digital certificates, and computer programs.
    C、Information published on web platforms, such as webpages,blogs,microblogs,Moments of Friends,Tieba ,and Netdisk.
    D、User registration information, identity authentication information, electronic transaction records, communication records,login logs and other information.

13、Which of the fololowing are the characters of expert opinion?
    A、produced after a case.
    B、an identification or evaluation expert has special knowledge,who is assigned or retained to conduct identification or evaluation.
    C、directly perceived through the senses, dynamically visualized.
    D、a kind of judgment which can only be made by special knowledge,an opinion evidence.

14、Which of the following are the the characteristics of indirect evidence?
    A、A single indirect evidence can only prove a part of the case fact.
    B、The proving process is complicated.
    C、Normally in verbal form.
    D、Only when combined with other evidence the indirect evidence can prove the main fact.

15、How to examine derivative evidence in practice?
    A、Among all derivative evidence, we can pick any one of them.
    B、In criminal procedure, normally we will not give a guilty verdict on basis of only derivative evidence.
    C、If the original evidence and its derivative one convey conflicting information, usually we will take the original.
    D、Evidence of unknown or unclear source, such as street gossip, are inadmissible.

16、What types of evidence that can be excluded under the exclusionary rule?
    A、Physical Evidence.
    B、Oral Evidence.
    C、Witness testimony.
    D、Derrivative Evidence.

17、What are the purpose of Evidentiary Rules?
    A、Procedural fairness.
    B、Although the rules of eivdnece are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result.
    C、To be fair to both parties, disallowing the raising of allegations without a basis in provable fact.
    D、Procedural fairness.

18、Which of the following are the objects of proof in criminal proceedings?
    A、The facts of deciding whether criminal compulsory measures should be taken against the criminal suspect.
    B、The facts about the ability of evidence, such as whether to obtain evidence by illegal means.
    C、The facts confirmed by the effective judgment of the court and not retried in accordance with the trial supervision procedure.
    D、Some certain facts in execution,such as stopping the execution of the death penalty.

19、About the burden of proof,which of the following are right?
    A、Burden of presenting evidence refers to the responsibility of the prosecutor and the defendant to provide evidence to prove their claims during the court hearing.
    B、Mainly solves the problem of “who will prove ”,that is, whether the specific litigation subject has the obligation to provide evidence and use evidence to prove the facts of the case.
    C、The burden of proof in criminal proceedings can be defined from two levels: burden of presenting evidence and duty of proof.
    D、Duty of proof refers to the obligation of proof that the public and judicial organs and their staff should undertake in criminal proceedings based on the requirements of the state for their duties.

20、What are the requirments if the evidence is reliable and sufficient?
    A、Have evidence to prove that the crime was committed by the suspect.
    B、All facts for conviction and sentencing are supported by evidence.
    C、All evidence used to decide a case has been verified under legal procedures.
    D、All facts found are beyond reasonable doubt based on all evidence of the case.

21、The right of silence is stipulated in Chinese Criminal Procedure Law.

22、All materials that may be used to prove the facts of a case are evidence.

23、Expert witnesses sometimes function as an advocate for one side or the other in the court.

24、Testimony is the subjective expression of people's perception of the case.

25、Only judges have the authority to exclude illegally obtained evidence.

26、China has established admissiblity rules of character evidence or similar fact evidence.

27、China's best evidence rule applies to both documentary evidence and physical evidence.

28、Presumption of innocence is a classic example for the presumptions with basic facts.

29、In criminal cases,the burden of proof is usually laid on the prosecution.

30、Judicial Discretion System first appeared in a Italy decree issued in 1791, which stipulated that "judges must use their own free testimony as the sole basis for adjudication”.

Final Exam 2

1、There are eight discussion topics. Please choose four of them to answer and mark the serial number of your choices.15 points for each topic.If you choose more than four topics to answer, score the first four. A.Give examples of what is direct evidence and what is indirect evidence, and explain their similarities and differences. B.What is the exclusionary rules of illegally obtained evidence? C.What is the proof standard in criminal procedure according to Chinese Criminal Procedure Law? D.Combined with specific cases, talk about your understanding of the principle of presumption of innocence. E.Talk about your understanding of objective truth and legal truth. F.How to understand the relevance of evidence? Please give an example. G.Explain the application rules of original evidence and derivative evidence. H.Talk about your understanding of the principle against self-incrimination.