Show:
Evidence
Objections
Opinions, Experts, and Scientific Evidence
Exceptions to Hearsay
Miscellaneous
100
The case is all about a lawsuit over concrete, and the witness is about to testify as to evidence of assault. Under the FRE, this would be precluded under rule
Rule 401/402, the evidence is not relevant to the proceeding.
100
The witness is about to testify as to whether or not Franco was in the room. The witness was not present in the room when Franco allegedly was.
Objection, your honor, this witness lacks personal knowledge.
100
W observes D's driving behavior leading to a crash. W testifies that D "drove carelessly".
Improper opinion (Rule 701). DOUBLE JEOPARDY What form can an opinion in a civil case been given?
100
Carl Cashman was injured by a hit-and-run driver. While he was being treated in a hospital emergency room, he saw Edward Evers walk in. He started to tremble, and shouted, "That's the guy who nearly killed me!" A nurse who heard Cashman's statement quotes it at trial. What hearsay exception applies?
What is excited utterance. (Rule 803(3)).
100
This is required between your theme and the introduction of your opening.
Link
200
The opposing council is about to enter 400 pages of pictures of concrete. Under FRE, this will be precluded under rule
Rule 403, this evidence should be excluded on the grounds that it will confuse and waste the time of the jurors.
200
A defendant is accused of attacking a victim with a baseball bat. A prosecution witness testifies, "The defendant beat up the victim with a baseball bat. I know that because everyone in the neighborhood has heard about it."
Objection, this witness lacks personal knowledge and the testimony calls for hearsay. DOUBLE JEOPARDY What should the objecting attorney do if the objection is sustained?
200
What is the foundation needed to QUALIFY a witness as an expert?
What is an expert by knowledge, skill, training, or education?
200
In a DUI case, the prosecution attempts to introduce a log of all the times the "breathalizer" machine has been tested and what the results are
What is a business record exception?
200
What questions should you ask to the lay the proper foundation for a business record?
What is : Is this document made and kept in the normal course of business at your company? Was it created at or near the time of the event that it describes? Is it a fair and accurate copy of ___?
300
The number of times physical evidence needs to be introduced.
What is only once?
300
The objection made when a witness theorizes as to was possibly could have happened
What is speculation.
300
Witness is asked about the mental state of a criminal defendant, which is at issue.
What is improper opinion on "ultimate issue". (Rule 704(a))
300
The state calls the police officer to the stand. The police officer testifies that in an interview with the defendant, the defendant stated, "I did it..i did it!." On cross examination of the police officer, the defense attorney asks, " Isnt it true that the defendant later stated, "i take it all back - i didnt do anything wrong!" Does a statement by party opponent hearsay exception apply to the second statement?
No. When the defense attorney offers the statement of the defendant, it is not a statement of that party's opponent, its their OWN statement.
300
True or False: A stipulated document is automatically admissible at trial.
What is false? The judge must accept the stipulation.
400
The foundational question needed before a witness can use demonstrative evidence (evidence that is not to be admitted)
What is "will using [blank] aid in your explaination to the jury?"
400
The objection made when the witness is wandering or allowed to tell an entire story
What is improper narration?
400
Seller of house is sued for fraud on the claim she intentionally failed to disclose that the house had severe termite damage. The seller is 75 years old. Opponent wishes to introduce testimony from D's psychologist to show that D was of sound mind and knew of the termite damage.
What is patient-psychotherapist privilege
400
Rover was injured in car accident. As a defense, the manufacturer asserts that Rover was speeding. Rover's hospital record contains the following note: "Patient says car crash, hit telephone pole at 90 m.p.h." What's the problem with admitting this document to prove that Rover was speeding.
What is double-hearsay. (Hearsay w/i hearsay) DOUBLE JEOPARDY: How would the defense respond to the double-hearsay objection?
400
True or False: During closing an attorney is allowed to use physical evidence that was introduced during trial but not admitted.
What is FALSE. DOUBLE JEOPARDY What can they use instead?
500
The state is attempting to introduce evidence of prior convictions of the defendant, who is not taking the stand. What would defense's objection be?
What is improper character evidence. DOUBLE JEOPARDY: When would it be OK for the prosecution to enter evidence of the defendant's prior convictions?
500
A witness can rely on inadmissible evidence if they
What is are an expert witness?
500
The elements of the Frye test
What are The scientific evidence must be tested or can be tested Is it something that is subject to peer review Are there known error rates (+/-) It achieved general acceptance in the field
500
Lender is accused of attacking Borrower. To show that Lender had a motive, the prosecution seeks to show Borrower borrowed money and had refused to repay Lender. The prosecution seeks to have a friend of Lender's testify that before the assault, Lender said to friend, "Borrower owes me a lot of money, and he just keeps stringing me along." What hearsay exception
What is statement by party opponent.
500
Name ONE INSTANCE where propensity evidence (character evidence or evidence of prior acts offered to prove that on a particular occasion the person acted in accordance with character) may be admissible.
1) habit 2) defendant offering evidence of an alleged victims pertinent trait 2a) prosecutor offering evidence to rebut it 2b) prosecutor offering evidence of the defendant's same trait 3) in a homicide case, prosecutor offering evidence of the alleged victims trait of peacefulness to rebut evidence that the victim was the first aggressor.