When an attorney asks a question that asks for information outside of a witness's rationally based perception.
What is speculation
a government body that brings charges against a person accused of breaking the law.
what is prosecution
Attorneys summarize what happened in the case at the end of a trial
Closing Statement
the judge's decision to not allow a question because it goes against the rules of evidence.
what is sustain
Secondhand information that is based on an opinion and not trustworthy (usually when someone heard someone else say something)
Hearsay
the team representing the person being charged.
what is defense
A speech at the beginning of a trial (the prosecution says theirs first)
What is an Opening Statement
A judge's decision to not allow an objection and allow question to be answered.
What is overule
This means that the only physical evidence and testimony allowed is that which tends to make a fact which is important to the case more or less probable than the fact would be without the evidence.
What is relevancy
a person being called to the stand
what is a witness
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.
What is a direct examination
the defendant is innocent until proven guilty (prosecution's job)
What is the burden of proof
When a lay witness offers an opinion they are not qualified to give (scientific, medical, etc. or opinion on the ultimate issue such as guilt or innocence.)
What is improper opinion
In criminal cases, the person being accused. In a civil case, the organization or person being sued.
Who is the defendant
The questioning of an opposing witness during a trial
What is cross examination
a written statement confirmed by oath or affirmation, for use as evidence in court
What is affidavit
A judge may admit an out-of-court statement of the declaration's then existing state of mind, emotion, sensation, or physical condition
What is state of mind
The person responsible of swearing in witnesses, keeping time and announcing the judge.
who is the bailiff
To show that a witness is untruthful and has lied in past statements or in immediate testimony
What is impeaching the witness
an agreement made by attorneys on both side about some aspect of the case.
What is a stipulation