Relevance
True or False- Evidence that is likely to disprove an element of a case is relevant.
What is True
The tendency of evidence to prove or disprove an element of the case, or to have probative value making an element likelier or not is relevant.
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.
What is hearsay.
The basis for admitting testimony or evidence into evidence.
What is foundation.
Testimony that draws a conclusion, assumption or guess from or about what the evidence would show.
What is speculation?
The credibility of a witness may be attacked by whom?
Who is any party, including the party calling the witness.
This Code Section says that "Except as otherwise provided by statute, al relevant evidence is admissible."
What is Code Section 351.
Defined as an oral or written assertion or nonverbal conduct.
What is a statement.
This type of witness must have personal knowledge of particular facts at issue in a case.
Who is a lay witness.
True or False
Avoid objecting to speculation if the point of the question is to show that the witness does not know something.
What is True-
On direct or cross, an attorney may ask a question to show that a witness does not know a particular fact. It is not useful to object in this case, ie attorney asks police office- "you don't know what weapon was used to kill this person, do you?"
The legal principle that states a person cannot be tried twice for the same crime?
A court may exclude evidence if its probative value is substantially outweighed by any of these circumstances...
What is undue delay, creating substantial danger of undue prejudice, confusing the issues, or misleading the jury.
True or False-
Evidence is either inadmissible as hearsay or admissible under a hearsay exception?
True or False:
Exhibits must be entered into evidence before a foundation can be laid to establish their authenticity.
What is true.
The correct way to object when a witness testifies to things they do not know for sure.
What is Objection, Speculation?
This is the only member of the mock trial team who is allowed to make objections to the cross-examination of a particular witness.
Who is the trial attorney who conducted the direct examination of the witness?
True or False-
Evidence that a Defendant, who is charged with robbery of a convenience store, was using drugs near that store the day before it was robbed is admissible as relevant.
What is false.
A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
What is an excited utterance.
True or False:
The foundational requirements for entering evidence are the same regardless of the type of evidence.
What is false.
Foundational requirements depend on the type of evidence. For example, laying the foundation for an expert witness requires establishing their background and experience. Laying the foundation for a photo requires establishing that it is an accurate and faithful representation of the place, person or subject it is meant to portray.
True or False-
A witness' testimony that their friend was probably at a golf match that Saturday because they like to play golf on the weekends is speculation and should be objected to by the attorney.
The witness' testimony about their friend's location is an assumption or an idea of what might have happened, but is not a fact.
The trial begins with this side presenting opening statements to the jury where attorney summarizes the evidence which will be presented to prove their case.
Who is the Prosecution's attorney.
The preliminary question of whether evidence is permissible is determined by this authority.
Who is the judge.
Defendant is charged with Battery. During trial, defense counsel asks the investigating officer the following question: “Without telling us specifically what the [victim] said, please tell the jury what you learned from your conversation with her." If you object, how should the court rule and why?
What is sustain the objection as Hearsay.
To authenticate bank records depicting a defendant's bank account, an attorney can avoid a foundation objection through presenting this type of testimony.
What is expert testimony (from the bank's custodian of records).
The judge's ruling on an objection for speculation when the witness to an accident testifies that it happened because the defendant was going very fast because he was intoxicated.
What is sustained?
Is the following statement true or false? Direct Evidence is best defined as evidence from which inferences can be drawn to prove a point.
What is False-
Direct Evidence refers to evidence that directly proves a fact without the need for any additional inference or interpretation. It is concrete and does not require any assumptions or deductions to establish its validity. In contrast, circumstantial evidence may require inferences to establish a connection between the evidence and the point being proven.