Hearsay
The person who makes a statement.
Who is the declarant?
Character evidence, other crimes, wrongs, or acts.
What is Rule 404?
A request made by a party to the judge for the purpose of preliminarily excluding or including potentially prejudicial evidence.
What is a Motion in Limine?
What is Leading?
The scope of this part of trial is limited to the subject matter covered during the defense's closing argument.
What is a Statement?
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
What is Rule 805?
In a criminal case, the defense may ask the judge to decide the case without putting on a case-in-chief, since the prosecution has failed to put forth evidence sufficient to sustain a conviction.
What is a Motion for Judgment of Acquittal?
What is Asked and Answered?
The scope of this part of trial is limited to the subject matter of opposing counsel's cross examination.
What is Redirect?
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
What is an Excited Utterance?
Judicial Notice
What is Rule 201?
Asking the judge to instruct the jury to only consider an exhibit for a specific purpose.
What is a limiting instruction?
The witness fails to answer the question asked.
What is Nonresponsive?
The scope of this part of trial is limited to the subject matter of opposing counsel's direct examination and any other relevant matter.
What is Cross Examination?
Former testimony, a dying declaration, a statement against interest, and a statement of personal or family history.
What are the Rule 804 exceptions to hearsay?
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. This rule does not apply to a witness's expert testimony under Rule 703.
What is Rule 602?
In a criminal trial, this is the formal reading of the indictment/information aloud in the presence of the jury, and the defendant enters a plea of guilty or not guilty.
What is arraigning the defendant?
What is a violation of the Golden Rule?
The scope of this is limited to matters concerning the qualifications or credentials of a witness who opposing counsel purports to be an expert within a particular field.
What is Voir Dire?
Under the following conditions, a hearsay statement is not excluded by the rule against hearsay even if the statement is not admissible under a hearsay exception in Rule 803 or 804:
(1) the statement is supported by sufficient guarantees of trustworthiness; and
(2) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.
What is the Residual Exception (Rule 807)?
Any party, including the party that called the witness, may attack the witness's credibility.
What is Rule 607?
After an exhibit has been admitted into evidence, the last step before using the exhibit with the witness.
What is asking for permission to publish?
What is Argumentative?
The objection that you should raise when an expert witness' opinion goes beyond the scope of his recognized field of expertise.
What is Improper Opinion?