400(s)
This type of evidence makes a fact that matters to the case more or less likely to be true
what is relevant evidence
under this rule, the law generally considers every person capable of serving as a witness
What is rule 601
A non-expert witness can give an opinion if it is based on their own…..
What is perception?
A witness says “my friend told me the defendant stole the phone” and the attorney offers it to prove that the defendant actually stole the phone. What is this?
What is hearsay?
A witnesses statement contains an important fact that was not discussed during direct examination. Can the opposing attorney ask about it during cross examination?
What is yes?
during a trial, a lawyer tries to introduce evidence that has nothing to do with the case. the judge wont allow it. Which rule explains this?
what is rule 402
A witness says, “ I know the defendant stole the car,” but they were not there when this car was stolen and did not see what happened. What rule could prevent this test
what is rule 602
A doctor is asked to give an opinion about a patient’s injury because of their medical training and experience. Is this doctor allowed to testify?
What is yes?
we’re watching a car accident happen. A person immediately says “that car ran a red light!” What type of evidence could this statement be?
What is present sense impression?
what is a leading question?
what is a leading question is one that suggests a certain answer to the witness and evidently leads the witness to a specific answer?
a piece of evidence is relevant, but it is so emotionally unfair that its value to the case is much smaller than the risk of misleading a jury. What rule would allow the judge to exclude it?
What is rule 403?
on direct examination, a witness adds a new detail that was never included on their written statement. What can opposing attorney object to?
What is invention of facts?
A school teacher begins to testify about medical knowledge, but has no degree in such area. Is this allowed?
What is no?
The witness was in the mall and heard someone yell “it was him. It was him not me” why might this be considered excited utterance?
What is because the statement was made while the person was under the stress of excitement caused by the event?
A redirect is generally limited to matters raised during…..
What is cross-examination?
during a trial, a lawyer tries to prove that the defendant committed a crime by telling the jury that the defendant has a bad personality. The judge does not allow it. Why?
character evidence is not allowed to display anything other than their truthfulness
during cross examination, a witness gives an answer that directly contradict something in their written statement what can the opposing attorney do?
What is impeached the witness?
a lay witness begins to testify about their opinion is this allowed?
What is no?
A person who believes they are dying, tells a witness who caused their injuries in a homicide case. What type of statement could this be?
What is a statement under belief of impending death?
re-cross-examination is limited to the issues raised by opposing counsel during this?
What is redirect examination?
evidence is relevant to the case, but the judge believes he could unfairly influence the jury more than it helps prove the facts what rules allows the judge to exclude this?
What is rule 403?
A witness is honesty has been attacked during trial. The other side now wants to present evidence. The witness is known for being truthful. Is this allowed under rule 608?
What is yes because the witness is truthful answer was attacked first?
an attorney asks an expert hypothetical question, and the expert gives an opinion based on the facts provided in this question what role allows this type of disclosure?
What is rule 705?
A witness says “John told me that Sarah said she saw the accident“ both John and Sarah statement are here. Say what must be true for the entire statement to be admissible?
What is each level of here say must fit an exception to the hearsay rule?
an attorney asks their own witness “you saw the defendant leave the building, didn’t you”. normally leading questions aren’t allowed on directing examination why might this question be allowed?
what is because the witness may be considered hostile or adverse?