In rooms without a jury box, who sits on the Judge's left side?
The Plaintiff
100
On cross examination, you ask the witness what her favorite colors were and if she liked to play water polo. On re-direct, opposing counsel asks the witness about the weather.
611(b) Outside the scope of my cross-examination.
100
What is Rule 615?
Constructive exclusion of witnesses.
100
What is the definition of hearsay?
Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
100
Opposing counsel asks your witness, "Did you go to the party and if you went to the party, who did you speak with and when did you speak with them?" Do you object?
Compound Question.
200
What is the three-prong test to qualify experts under Rule 702?
(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
200
What is the main difference between the 600's and 700's?
600's deal with layperson testimony and the 700's deal with expert testimony.
200
Proper or improper? Opposing counsel starts to impeach their own witness.
Proper under Rule 607.
200
What is the Rule # for medical diagnosis or treatment?
Rule 803(4).
200
To prove that the defendant committed the crime, the prosecution offers a confession made to police officers. Admissible?
Yes, under 802(d)(1) Admission by party-opponent.
300
John is on the witness stand. He testifies that before Sarah died in his arms, Sarah whispered into his ear, "I always hated that cat." You object to hearsay and opposing counsel says it falls under Rule 804(b)(2). Your response.
Does not fall under 804(b)(2) exception as her statement has nothing to do with the cause or circumstances of what the declarant believed to be an impending death.
300
Opposing counsel calls their second witness, Barbie, and asks her, "What is your relationship to the victim?" Barbie responds, "You know, Vicky is an okay person, but she has horrible fashion sense." Do you object?
Non-responsive.
300
Prosecution enters the recording of a 911 call into evidence: "Caller: oh my God! There's a guy with a yellow hoodie shooting at a girl. He's -- he's getting into a blue van." Defense objects to hearsay. Your response.
803(1) exception: present sense impression.
300
During your opening statement, opposing counsel objects to argumentative. Your response?
Pursuant to AMTA Rule 8.12, parties are prohibited to object during opening statement and closing argument.
300
In chronological order, name the first 6 hearsay exceptions (Rules 803(1)-(6)).
(1) Present sense impression; (2) Excited Utterance; (3) State of mind; (4) Statement made for medical diagnosis/treatment; (5) Recorded recollection; (6) Business record made in the regular course of business.
400
Name 3 of the 5 hearsay exceptions for unavailable declarants.
(1) Former testimony; (2) Dying declaration; (3) Statement against interest; (4) Statement of personal or family history; or (5) Forfeiture by wrongdoing (e.g. the killer).
400
What are the three steps to impeaching a witness?
(1) Have witness commit to statement; (2) Accredit/authenticate document; (3) Impeach with inconsistent statement.
400
Name at least five permissible uses for prior bad acts evidence under Rule 404(b).
(1) Proof of motive, (2) opportunity, (3) intent, (4) preparation, (5) plan, (6) knowledge, (7) identity, or (8) absence of mistake or accident.
400
Under Rule 701, what are the three requirements that a lay witness' testimony must meet before they can testify?
Lay witness testimony is limited to opinions/inferences which are (1) rationally based on the witness' perceptions, (2) helpful to a clear understanding of the witness' testimony or determination of a material fact, and (3) not based on scientific, technical, or other specialized knowledge.
400
What is relevance?
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
500
You are the prosecutor. After finishing your case-in-chief, Defense moves to dismiss. Your response?
Pursuant to AMTA Rule 8.11 and the State of Midlands, no motions, except motion to strike and motion to constructively exclude witnesses, are permitted. As such, we request verbal sanctions against the State.