1
What section allows conviction of certain crimes as impeachment? Name section and page number.
Section 90.610; page 14
What are the exceptions to the hearsay rule?
A. spontaneous statement
B. excited utterance
C. medical statements
D. recorded recollection
E. records of a regularly conducted activity
F. learned treatises
G. then existing mental, emotional or physical condition
Testimony in the form of an opinion or inference otherwise admissible is objectionable because it included an ultimate issue to be decided by the trier of fact. TRUE or FALSE? The answer is found on what page and what section?
False; page 16; section 90.703
If certain witnesses are stipulated to as experts, their expert qualifications may not be challenged or impeached by the opposing side. However, their testimony concerning the facts of the case may be challenged. This is found on what page and what number?
page 2; number 3
The total time for direct and redirect examination is _____ and is found on page ______.
24 minutes; page 5
This section of the evidence code talks about opinion testimony of lay witnesses. Name the section and page number.
Section 90.701, page 17
What are reasons for prohibiting hearsay? On what page is it found?
Page 19
1. The hearsay statement might be distorted or misinterpreted by the witness relaying it in court.
2. The hearsay statement is not made in court and is not made under oath.
3. The hearsay statement is not made in court and the person who made it cannot be observed by the judge or jury.
4. The hearsay statement is not made in court and the person who made it cannot be challenged by cross examination.
A statement of the declarant's then existing state of mind, emotion, or physical sensation, including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such evidence is offered to: ???
This is found on what page and what section?
1. Prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action.
2. Prove or explain acts of subsequent conduct of the declarant.
page 20; section 7
Trials will be conducted honestly, fairly, and with the utmost civility. Members will avoid all tactics they know are wrong or in violation of the rules, including the use of unfair extrapolations. Members will not willfully violate the rules of the competition in spirit or in practice. This is found on what page and what number?
page 5; number 1
During any single round, each of the three attorneys will conduct one direct and one cross; in addition, one will present the opening statements and another will present closing arguments. This is found on what page, rule and section?
page 3; rule IV, section 1
Name the steps in the procedure to introduce documents, exhibits, and other physical objects into evidence. This procedure is found on what page?
1. Show exhibit and have it marked by the judge for identification only.
2. Show the exhibit to opposing counsel for possible objection.
3. Proceed to ask the witness a series of questions about the exhibit.
4. If the attorney wishes to place the exhibit into evidence, say, "Your Honor, I offer this ____ marked as P/D Exhibit No. __ into evidence and ask the Court to so admit it.
Page 18
Generally, only ___________ testimony may be presented in court. This is physical evidence and testimony that makes a fact that is important to the case more or less probable. On what page is this found?
relevant; page 18
If a witness is not testifying as an expert, his testimony about what he perceived may be in the form of inference and opinion when: ???
This is found on what page and in what section?
1. The witness cannot readily, and with equal accuracy and adequacy, communicate what he has perceived to the trier of fact without testifying in terms of inferences or opinions and his use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party.
2. The opinions and inferences do not require a special knowledge, skill, experience, or training.
page 17; section 90.701
A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by testimony of the custodian or other qualified witness, unless the sources of information or other circumstances show lack of trustworthiness. The term "business" as used in this paragraph includes a business, institution, association, profession, occupation, and calling for every kind, whether or not conducted for profit. This rule is found under the heading of ________, which is found on page ________, Section ________. subsection_____________.
Records of a Regularly Conducted Activity; page 20; section 5; subsection 1
What is the rule regarding trial communication?
Instructors, alternates, and observers shall not talk to, signal, communicate with, or coach their teams during trial. This rule remains in force during any recess time that may occur. Team members within the bar area may, among themselves, communicate during the trial; however, no disruptive communication is allowed. Non-team members, alternate team members, teachers, and coaches must remain outside the bar in the spectator section of the courtroom. Only the six members participating in this round may sit inside the bar.
____________ should involve leading questions. This is found on what page?
cross examination; page 13
Fair extrapolations may be allowed, provided reasonable inference may be made from the witness' statement. This is found on what page? What is the section title and number?
page 16; Unfair Extrapolation Beyond Scope of Statement of Facts; section 12
Students may read other cases, materials, and articles in preparation for the mock trial. However, students may cite only the case materials given, and they may introduce into evidence only those documents given in the official packet. In addition, students may not use, even for demonstration purposes, any materials that are not provided in the official packet. The following are not permitted: ???
This is found on what page and what rule number?
1. props
2. costumes
3. enlargements
4. computers
5. phones
6. electronic devices of any kind
page 4; rule VI
Statements that are not hearsay are prior statements made by the witness himself and admissions made by a party opponent. This is found on what page and section?
page 19; section 3
If any team has serious reason to believe that a material rules violation has occurred during a trial round, what is the procedure?
One student attorney member of the team shall communicate that a dispute exists to the presiding judge immediately after the trial is over and before the critique begins. The scoring judges will be excused from the courtroom, but should remain in the vicinity.
Section _____ involves prior statements of a witness. This is found on what page?
Section 90.614; page 14
Use of voir dire questions are/are not permitted. This is found on what page and what section number?
are not; page 2; section 6
Students should avoid the use of tactics to "run out the clock" during the admission of evidence. This is found on what page and what rule and number?
page 5; rule XV; number 2
A witness' credibility may be impeached by showing evidence of the witness' character and conduct, prior convictions, and prior inconsistent statements. This is found on what page, section and subsection?
page 13; section 2; subsection b
If the attorney who is cross-examining the witness asks a question, the answer of which is not contained in the stipulations or affidavits, then the witness may do what? This is found on what page?
respond to that question with any answer as long as the answer does not contradict or materially change the affidavit
page 2