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Purpose of law of evidence
Enable a person to decide a disputed question of issue.
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4 Sources of law of evidence
- US Constitution
- PA Constitution
- Statute
- Case Law
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Testimonial evidence also known as?
Direct Evidence
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Direct Evidence is derived from what?
5 senses
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Real Evidence also known as?
Demonstrative Evidence
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Which evidence tells its own mute story making its impression upon the mind of the viewer?
Demonstrative
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What rule applies to Documentary evidence?
Best Evidence Rule
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Best evidence rule is what?
Preference for original
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4 types of evidence
- Testimonial Evidence (Direct)
- Real Evidence (Demonstrative)
- Documentary Evidence
- Circumstantial Evidence
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3 things that qualify a witness statement?
- Opportunity to observe
- Ability to remember
- ability to relate accurately
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4 stages of a trial
- Prosecution (until rests)
- Defense
- Rebuttal (Prosecutor)
- Rejoinder (Defense)
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4 types of witness examination
- Direct Examination (Question your witness)
- Cross Examination (Question opposition witness)
- Re-Direct Examination
- Re-Cross Examination (Can ask leading questions)
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4 types of question?
- Leading Questions (Not allowed during Direct Exam, allowed on cross examination)
- Misleading Questions
- Argumentative Questions
- Question requesting a narrative response
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Jury's main role?
Determine credability
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Way to attack credibility, to show witness is unworthy of belief usually during cross examination?
Impeachment
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4 methods of Impeachment
- Prior inconsistent statement
- Bias
- Character
- Defect in sensory or mental capacity (Impairment)
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5 levels of proof from highest to lowest
- 1 - Beyond a reasonable doubt
- 2 - Clear and convincing evidence
- 3 - Preponerance of evidence
- 4 - Probable Cause
- 5 - Prima Facie (Preliminary Hearing)
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Two types of presumtions
- Irrebuttable: Cannot be disproved except by proving non existence of basic fact.
- Rebuttable: May be disproved by other evidence even if the underlying facts are true.
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Burden in Criminal Law?
Presumption of innocence
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The experience of mankind has shown to be valid?
Presumption of Fact
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Drawn from the existence of established facts in the absence of contrary evicence (Possession of stolen goods)
Presumption of Law
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Results from and is based on a process of reasoning, deduction, judgement or a conclusion drawn as a logical consequence from other facts proved or admitted.
Inference
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What is a deduction the law requires?
Presumption
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What is a deduction that the fact finder may or may not draw according to thier own conclusions.
Inference
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4 types of evidence that do not need to be proved?
- Admissions in pleadings
- Stipulations: Agreed to ahead of time
- Admissions by lawyers
- Judicial Notice
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What is the recognition of facts subject to common knowledge of certain verification as trye by the court without either party having to prove them.
Judicial Notice
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The logical relationship between the evidence and facts at issue in the trial.
Relevance
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Evidence that is related to some legitimate issue in the case?
Material
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Unreasonable search and seizures?
Fourth Ammendment
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Which ammendment is enforced through Exclusionary Rule
Fourth Ammendment
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Exclusionary Rule includes what 4 things?
- Wiretaps
- Blood
- Breath
- Urine samples
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Ammendment: Self Incrimination, Forced confessions inadmissable, Fruit of the poisonous tree, Double Jeopardy
Fifth Ammendment
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Ammendment: Confrontation of accusers, Impartial Jury, Assistance of councel
Sixth Ammendment
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What applies the Bill of rights to the states?
14th Ammendment
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A statement, picture or other item may be used to refresh memory is called what?
Present recollection Refreshed
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4 rules of dying declaration?
- Dying imminently
- Aware that death is both near and certain
- Statement related to facts and circumstances surrounding the declarants death
- Declarant qualifies as competant witness
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Circumstantial Evidence can be used to prove 4 things?
- Motive
- Intent
- Modus Operandi
- Absence of mistake
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Chain of custody is proven what two ways?
- Witness ID's his markings or special ID
- Show a continous chain of custody
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3 keys to lineups and photo arrays
- Arrest been made
- Right to council
- Similar features
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Case prep begins?
On street with first radio call
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Credibility begins?
When you arrive at the court house
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3 key elements to effective testimony?
- Establish personal qualifications
- ID of the defendant
- Placement of defendant at the scene (establish jurisdiction)
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What percentage of testimany strength lies in your presentation?
93%
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Rapid fire questions are used to?
Confuse witness
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5 defense tactice?
- Rapid fire questioning
- Friendly Counsel
- Mispronouncing officers name or rank
- Reversing the witness words
- Staring
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