Objections
Attorney on Direct: "Didn't you fell scared when the defendant raised their voice at you?"
Leading
Who calls the case and on what side?
Prosecution Bailiff
Highest standard of proof in any trial.
Beyond a reasonable doubt
What does the Voir Dire and ONLY the void dire include?
Voir Dire only includes an expert’s qualifications, not the substance of the testimony they will give later in the case.
Objection to the form
Objection to the potential answer
*Expert in Archeology*
A: How did the state of the bones help support your hypothesis?
W: "It let me know this person was brutally murdered, which is why officer Hopkins should have arrested the defendant immediately"
Beyond the Scope
When should you proceed during trial
Only when the judge is ready
What is the standard of evidence that allows police to arrest someone, conduct a search, or seize property?
Probable Cause
A: "What are your thoughts on the case?"
EW:" Well I have 34 general thoughts on the case including...."
Name the objection
Narrative
What are the two types of evidence
Direct and Circumstantial
A: "Describe the events that took place on July 23rd"
W: "I hopped my neighbors fence to save their dog"
A: "Elaborate on the medical conditions the dog had"
2 answers
Leading
a condition or requirement that is specified or demanded as part of an agreement.
To prove that something is more likely than not. In other words, in light of the evidence and the law, do you believe that each element of his/her [claim/counterclaim] is more likely true than not?
Preponderance of the Evidence
True or False: A Expert can testify on the ultimate issue within the case ie. Guilt v Innocence
False
1. Verify affidavit
2. Ask witness to read in silence their affidavit
3. Re-ask question
*Case about Organized Crime*
A: "You used to give the gang members free coffee when they visited correct?"
More Prejudicial than Probative
Define motion
Jo is motion..
direct or command or ask of the court (withhold evidence)
A law enforcement officer needs to have unbiased, clear, fair, justified reasoning to suspect someone. Then, the officer can stop their car and search the person or the car. A police officer stopping a person must be able to point to specific facts or circumstances for why they pulled the person over.
Reasonable suspicion
In what ways can a Expert Witness's bias be exposed
Financial compensation, professional relationship with the hiring party, testimony on similar cases, frequency testifying for either side.
Define the term "Sequester"
Separate or isolate; for example, to separate witnesses from each other, to separate property from a party and place it in the custody of the court or a third person.
Attorney on cross examination: "Isn't it true that only someone with something to hide would act the way you did?"
Argumentative
List top 3 the most common preliminary matters used by Old Mill's attorney's
Who should receive the evidence
Freedom to move around the court
Presworn in Witnesses
The standard of proof that requires the party with the burden of proof to demonstrate that an allegation or argument is far more likely to be true than false.
Clear and Convincing evidence
According to Rule 702 of the Federal Rules of Evidence, a witness who is qualified as an expert by.....
Skill, Knowledge, Experience, Training, Education
True or False:
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statement confirms with an exception to the rule.
True