When an attorney asks a witness to make a conclusion based on guess instead of known facts.
Calls for speculation
100
Name the three different types of evidence
1) Real 2) Demonstrative 3) Testimonial
100
Issue: Whether D is guilty of murdering V
Evidence: Bag og cocaine that D and V were fighting over at the time of the shooting
Real - The bag of cocaine was present at the time of the alleged crime and directly relevant to the reason behind the shooting.
(full credit for recognizing real)
100
Lay witness are called to testify from______ experience
Personal - something thing they experienced with there five senses.
100
Objections can either be...
sustained or overruled
200
Why can't an attorney ask the witness a compound question? Meaning two questions in one?
because it can lead to a confusing answer
200
Fingerprints and blood are examples of what type of evidence.
Real evidence... (because it's physical and directly part of the alleged crime)
200
Issue: Whether D stole a video game from a store
Evidence: Store Clerk's telling of what he saw when D allegely stole a video game
Testimonial - It is a communication by a witness detailing what he saw. His statement is NOT part of the case, nor does it represent an object in the case.
200
Expert witnesses are called to testify from their____
Opinion
200
What must an attorney do when objecting to a question?
give a reason for the objection
300
Attorney: Why don't you stop lying and admit you are a drug addict!
This type of questioning is objected to because it is...
Argumentative
300
If the evidence makes the defendant's guilt more or less likely, it will pass the ______ test.
Relevance
300
Issue: is a car manufacturer liable for making a car with a faulty design?
Evidence: A scale model of a vehicle
Demonstrative - The model car represents the malfunction in the actual car.
300
If a witness will not voluntarily come to trial, attorneys can use a document called a _____ to force them to court.
Subpoena
300
Why should an attorney immediately object?
1) to prevent inadmissible evidence/testimony and 2) courts require prompt objections
400
Defense: Mr. Hendricks, do you like Mr. Samson?
Prosecution: Objection, your honor. Irrelevent
SUSTAINED or OVERRULED?
OVERRULED - the credibility and personal feelings of a witness is relevant at trial
400
Evidence must be "introduced" at trial through_____.
Witnessess.
400
Issue: Is D guilty of check fraud?
Evidence: A handwriting expert's statement in court about whether a defendant's handwriting matches the handwriting on the counterfeit checks
Testimonial - It is a statement at trial
400
Put the following in order: Voir dire, interrogation, discovery
1) interrogation 2) discovery 3) voir dire
400
Overruled means:
That the judge agrees with the party introducing the evidence and allows it to be admitted
500
Name four types of common objections
3 out of these 9: Argumentative, asked and answered, asking for a conclusion, calls for speculation, compound question, irrelevant questions, leading question, misleading question, non- responsive, privilege
500
What type of evidence is a ransom note?
Real! It was involved in the actual crime!
500
Issue: Is D guilty of aiding and abetting a robbery?
Evidence: A map used by D showing where he was suppose to meet his friend to drive him away from the robbery
Real - Though a map is usually demonstrative, here it is real because it was actually part of the alleged crime.
500
Which amendment protects Americans from being required to house soldiers?
The third amendment
500
Attorney: What did your husband tell you about his involvement?
Opposing Attorney: Objection!
Should this objection be overruled or sustained?
Overruled because the attorney did not give a reason as to why they are objecting!