Explain what the spousal incapacity privilege is and the rationale behind the rule.
What will be an ideal response?
Spousal incapacity is the marital privilege that gives a spouse called to testify against his or her spouse the privilege to refuse to testify. The court reasoned that when a spouse is willing to testify against his or her spouse, the relationship is already certainly in despair and, thus, the justification for the privilege-marital harmony-no longer exists. The law, however, recognizes that a successful marriage requires a free exchange of communication.
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Levels of evidence sufficiency include each of the following EXCEPT
A. Clear and convincing evidence B. Meaningful evidence in the case C. Prima facie case D. Substantial evidence on the whole record
Which term refers to a particular court’s power to make legal decisions and judgments?
A. de jure B. corpus juris C. jurisprudence D. jurisdiction
Which of the following is a characteristic of terrorist cells?
A. They are usually geographically concentrated in one area or city B. The members of the cell know the names and locations of other cells C. Usually have about 40 members D. Each cell plays a specific role in the purpose of the overall mission
Which of the following is not a condition under which the procedures established by the Innocence Protection Act require a court to order DNA testing?
A) The proposed DNA testing would produce new material evidence supporting an inmate's claim of innocence. B) The statute of limitations for the underlying offense has not yet expired. C) The inmate applying for testing asserts that he or she is innocent of a qualifying offense. D) The testing would create a reasonable probability that the inmate applying for testing did not commit the offense of which he or she was convicted.