Procedures
This side always goes first.
What is the plaintiff or prosecution?
This is a written or verbal statement made outside of court, offered as fact, and not allowed without exceptions.
Rule 401
What is hearsay?
Rule 401: (Hearsay)
This rule requires that all evidence and materials used in the trial must come from the case packet.
Rule 101
What is Rule 101 (Scope)?
Direct examination cannot be over this length.
What is 10 minutes?
A statement made by someone who cannot appear in court may be admitted if it is reliable and it is this.
Rule 407: (Statements by Unavailable Declarant)
What is it is the only way to get that information into the trial?
Rule 407: (Statements by Unavailable Declarant)
This type of questioning is limited to three questions, must avoid repetition, and can only cover matters raised on redirect examination.
Rule 309
What is recross?
Rule 309: (Limit on Questions; Recross)
They may give an opinion only if they are qualified as this and base their opinion on this type of knowledge.
Rule 502
What is an expert witness?
Rule 502: (Opinion Testimony by Experts)
Under this rule, any objection raised by an attorney must come from materials in this.
Rule 102 (Objections)
What is the case packet?
Rule 102 (Objections)
This is the difference between the plaintiff and the prosecution.
What is civil court and criminal court?
On cross, this type of question challenges the witness's opinion or conclusion, rather than asking for more facts.
Rule 310: (Argumentative Questions)
What is an argumentative question?
Rule 310: (Argumentative Questions)
They can make objections during a witnesses examination.
Rule 801: (Procedure for Objections)
Who is the attorney that is responsible for examining the said witness?
Rule 801: (Procedure for Objections)
A witness may give an opinion based on what they observed and that helps their story, unless they are doing one of these three things: giving an opinion on how the case should be decided, using special knowledge, or using personal knowledge (ex. why someone did something).
Rule 501
What is allowed opinion testimony by a non-expert witness?
Rule 501: (Opinion Testimony by Non-Experts)
On direct examination, witnesses must not be asked narrating and this other type of question.
Rule 301: (Form of a Question; Direct)
What is a leading question?
Rule 301: (Form of a Question; Direct)
This is an example of breaking this rule: an attorney asking, "what is your favorite color?" then asking "what color is your favorite?"
Rule 312
What is asked and answered?
Rule 312: (Asked and Answered Questions)
This is the standard of evidence in criminal court.
What is beyond a reasonable doubt?
A judge’s stipulation or ruling may not be this.
What is disputed?
This person is the declarant regarding hearsay.
Rule 401: (Hearsay)
What is the person who being accused of saying/writing something?
Rule 401: (Hearsay)
On cross-examination, a lawyer may ask leading questions but may not do this.
Rule 304: (Form of a Question; Cross)
What is narrate?
Rule 304: (Form of a Question; Cross)
A witness may not do this when answering a question because it is not within their personal knowledge.
Rule 313
What is speculate?
Rule 313: (Speculation)
On cross-examination, a witness must stick to facts from their affidavit or do this if it doesn't materially alter the outcome of the trial or contradict anything.
Rule 702
What is invention of fact?
Rule 702: (Invention of Fact; Cross)
On cross, if an attorney objects and the objection is sustained, then they may ask the judge to do this to part of the witness’s answer.
Rule 804
What is strike it from the record?
Rule 804: (Motion to Strike)
This type of out-of-court statement can be used in court against a party in the case (plaintiff or defendant), but not against a witness.
Rule 402: (Admission of a Party Opponent)
What is an admission of a party opponent?
Rule 402: (Admission of a Party Opponent)
This rule states that only evidence that is helpful in proving a fact may be presented, and evidence whose probative value is outweighed by unfair prejudice should not be allowed.
Rule 201
What is relevancy?
(Relevancy)
Opening Statements may not have any of these.
Rule 803
What are objections?
Rule 803: (Objections During Openings and Closings)
A witness may testify about another person’s existing intent, plan, motive, or mental and physical state at the time, because this type of reliability is being considered.
Rule 403: (State of Mind)
What is the reliability of the declarant?
Rule 403: (State of Mind)