Case Packet 101
The geographical location of all Empire cases.
Where is Empirion?
Evidence that does not relate to the facts of the case and does not help prove or disprove any legal issue.
What is irrelevant evidence?
A type of witness who testifies to relevant facts.
What is a lay witness?
The person who makes a statement.
What is the declarant?
The amount of time you will have to present your case in chief.
What is 55 minutes?
The legal party that introduces character evidence first, allowing the opposing side to respond with their own character evidence.
What is the defense?
The proper objection to any Rule 404 violations.
What is "Objection. Improper Character Evidence."?
According to Rule 701, testimony in the form of an opinion by a lay witness is limited to one that is rationally based on the witness's perception and this key word.
What is helpful?
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is "present sense impression"?
A phrase or concept used in statements and examinations.
What is a theme?
Authenticity, admissibility, expert tendering, and limitation of issues are all examples of these types of facts.
What are stipulations (or pretrial orders)?
Under Rule 404(b)(2), evidence may be admitted if it is presented for this specific reason rather than to show a person's character.
What is another purpose?
The proper objection to any Rule 602 violations.
What is "Objection. Speculation."?
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
What is "excited utterance"?
Asking a witness "do you recognize this document?" establishes this foundational requirement for entering evidence.
What is personal knowledge?
The crimes the prosecution has accused the defendant of committing.
What are the charges?
This rule allows the court to exclude relevant evidence if its potential to unfairly influence the jury outweighs its value in proving a fact.
What is Rule 403?
The testimony of an expert witness should be based on this foundation to ensure its reliability and relevance.
What are sufficient facts or data?
In a criminal trial, this is the only party that can use the "opposing party statement" exemption.
What is the prosecution?
The burden of proof in a criminal trial.
What is beyond a reasonable doubt?
This serves as the foundation for a closing argument, outlining the essential elements the prosecution must prove for a conviction.
What are the jury instructions?
The proper objection for any Rule 403 violations.
What is "Objection. Cumulative."
The proper response to a 401 objection.
What is, "this testimony is helpful and rationally based on the witness's perception because..."
This type of statement may be admissible for showing how it influenced the listener's actions, state of mind, or behavior.
What is "effect in the listener"?
A rhetorical tool used to compare two concepts in order to clarify or make one of them easier to understand.
What is an analogy?