Hearsay
Exception for the defendant saying something out of court.
What is admission by party opponent?
2 types of character evidence and 3 ways to prove character.
What is character for propensity, character for credibility, and opinion/reputation/specific instance of conduct?
Evidence that has a tendency to make a material fact more or less probable.
What is relevant evidence?
The name of the defendant and what their charged with.
What is Haley Fromholz, first degree murder (the unlawful killing of Morgan Sears with malice aforethought by willful, deliberate, and premeditated actions) and in the alternative, involuntary manslaughter? (A homicide without malice in the commission of an unlawful act not amounting to a felony: or in the commission of a lawful act with might produce death, in an unlawful manner, or without due caution and circumspection)
Your "Big's" name.
What is (insert name)?
Exception for someone's plan, intent, or mental/physical state.
What is state of mind?
Propensity: to prove that someone _________ with their character on some occasion.
What is "acted in accordance"?
Creation of a non-material fact.
What is fair extrapolation?
All witnesses.
Who is Detective Rio Sacks, Sam Longo, Alden Mitchell, Imari Rodriguez, Haley Fromholz, Dr. Ren Dunne, Jean Kronstadt, Takoda Morrison?
Names of last year's captains.
What is Francesca and Sid?
When a statement is not being taken for the truth but to show what the listener did next.
What is subsequent action/effect on the listener?
MIMIK
What is Motive, Intent, lack of Mistake, Identity, Knowledge?
Admissible non-expert opinion testimony.
What is based on the witnesses perception (5 senses)?
Any five pieces of evidence against the defendant.
Sample answers: GPS location data, spores on sleeve, search history, fighting with Sears, green baggie with 'aspirin', heartstopper traces in food, only Sears getting sick, etc....
How many times San Mateo has won the Northern division in the county competitions.
What is 7 times?
3 prongs to meet for records under regular course of business.
What is 1.) record under regular course of business, 2.) record made at or near the time of act or event, 3.) the method of preparation must be trustworthy?
The defendant is charged with embezzlement (a theft offense). You call the defendant’s pastor to the stand and he testifies that the defendant has a reputation in the community as an honest and trustworthy person.
Opposing counsel: "Objection! Inadmissible character evidence!"
Judge: "Response?"
You: ??? (Have someone from your team stand and give a response)
(Hint to start off: "Your honor, though character evidence is generally...)
Sample response: Your honor, though character evidence is generally inadmissible, it is admissible when going towards the defendant's credibility in the form of reputation. => Here, the pastor is testifying to the defendant's reputation in the community for honesty and trustworthiness, which goes towards his/her credibility and is therefore admissible.
Limited non-character evidence.
What is habit or custom to prove specific behavior evidence?
The pretrial motion is denied. Which of the following now CANNOT be brought up during trial?
a. Fromholz's laptop computer had been wiped of its search history.
b. A number of visits to iForage were found on the defendant's laptop.
c. The file Detective Rio Sacks saw on screen was deleted and unrecoverable.
d. Detective Sacks obtained a search warrant to seize the laptop and access the search history and all files located on it.
What is none of them? (If it was granted, c is not allowed)
The former name of Teach Democracy.
What is Constitutional Rights Foundation?
All hearsay exceptions. (Hint: there are 13)
What is declaration against interest, excited utterance, state of mind, records under regular course of business, records held by public employees, medical diagnosis, dying declaration, prior inconsistent statement, prior consistent statement, co-conspirator's statement, reputation of a person in the community, adoptive admission, and admission by a party opponent?
When character for propensity is admissible for defendant, witness, and victim.
What is when in the form of opinion/reputation for the defendant, not admissible for the witness, and opinion/reputation/specific instance of conduct for the victim?
All objections. (hint: there are 16)
What is Hearsay, inadmissible character, relevance, lack of foundation, speculation, vague and ambiguous, argumentative, non-responsive, improper opinion, outside scope of cross, unfair extrapolation, more prejudicial than probative, narrative, leading question, compound question, asked and answered?
Scientific names of heartstopper and butter mushrooms.
What is Amanita corsistere and Amanita sapor?
Who were the last 3 teacher facilitators for Mock Trial?
What is Ms. Kalinski, Mr. Pirie, and Ms. Malone?