Hearsay Defs
Who is the "Declarant" in a hearsay objection?
“Declarant” means the person who made the statement.
Under Rule 607, who may impeach a witness?
What is...
ANY PARTY!!! (Including the party that called on the witness)
What is the body of people who decides the outcome of the case?
What is...
The jury!
Which side presents their case first?
What is...
Plaintiff/Prosecution
What is the name of a witnesses official testimony prior to the trial?
What is...
Affidavit/Statement
Define the word "Statement" in a hearsay objection.
a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
What rule number states that witnesses must have sufficient evidence to show that they can testify to a certain matter?
What is...
Rule 602--Need for Personal Knowledge
What is the phrase said before any open or close?
What is...
May it please the court.....
What is it called when a witness uses knowledge in their affidavit to make a conclusion not explicity mentioned in their affidavit?
What is...
Fair Extrapolation
What part of the case actually outlines what the plaintiff/prosecution must do to win the case? (hint: the actual facts they must prove)
What is...
The Law and elements!!
The formal definition for hearsay? (hint:must give two specific and distinct parts of the answer)
What is a statement that...
1) The declarant does not make while testifying at the current trial or hearing; and
2) A party offers in evidence to prove the truth of the matter asserted in the statement.
On direct examination, what type of attorney question should generally not be used unless necessary to develop testimony?
Leading questions!! (Rule 611(c))
What is the period of time prior to the opens where teams make introductions and bring the court's attention to anything they wish?
What is...
PRE-TRIAL MATTERS
What rule of exhibits states that they are all official and no question of their legitimacy can be challenged?
What is...
Authenticity--usualy also stipulated
What is the actual level of evidence a party needs to win a case?
What is...
Burden of Proof
What rules fall under 801(d)(2)?
Opposing Party's Statements.
What is one of the two ways you can testify to a witnesses character for truthfulness or untruthfulness?
What is...
a) Reputation or Opinion Evidence
b) Specific Instances of Conduct
If an opposing lawyer believes that a witnesses testimony violates the rules of evidence, what can they do?
What is...
OBJECT!!!
What rules states that an attorney and witness must provide sufficient evidence before making a claim?
What is...
Lack of Proper Predicate/Foundation
What evidence in the case is not tied directly to witnesses, but may be used if the witness has knowledge of them.
What is...
Exhibits!
What rules fall under 801(d)(1)
What is...
Declarant Witnesses Prior Statements
When can you attack a witness based off of evidence of a prior criminal conviction?
What is...
Rule 609(a(1/2)): Impeachment by Evidence of a Criminal Conviction
What is the name for a party's entire case and argument, and time where they present evidence needed to win their case?
What is...
!!!CASE IN CHIEF!!!
What is Rule 6.28? (hint: we face this against PT)
What is...
!!FILIBUSTERING!!
What is are the indisputable rules, facts, and guidelines of the case that you are not able to object to? (hint: they may also determine what evidence can and cannot get in)
What is...
Stipulations!