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judgement or conclusion made based on impressions, perceptions, or (in case of experts) special skills and knowledge
opinion
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an ordinary (non-expert) witness with no special training or expertise in the matter testified about who is providing testimony from personal knowledge
lay witness
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a witness qualified by specialized skills or knowledge whose testimony or opinion can assist the trier of fact to better understand evidence in issue
expert witness
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the reason for or element of a legal action, usually pertaining to the guilt of a criminal action defendant or liablilty of a civil action defendent
ultimate issue
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role of the trial judge in ensuring relevance and reliability of scientific evidence
gatekeeper
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evidence that has a scientific or highly technical basis, which requires an expert witness with specialized knowledge to help others understand it
scientific evidence and testing
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a statement made by a witness prior to testifying in court
prior statement by witness
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person who makes a statement
declarant
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any range of thoughts, emotions, motions, or mental condition underlying a statement made
state of mind
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a statement relating to a startling event or condition made while declarent was under the stress of excitement caused by the event or condition
excited utterance/spontaneous declaration
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someone officially designated at a business or public agency to oversee and maintain records
custodian of the records
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evidence that supports or strengthens other evidence
corroborating evidence
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a statement by a person that believes his/her death is imminent
dying declaration
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a rule of law that allows a witness to refuse to give testimony or allows the holder of the privilege the right to prevent someone else from testifying on the same matter
privilege
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the person for whom the law intended the privilege to protect. for example, in the attorney-client privilege, the client is the holder. in the doctor-patient privilege, the patient is the holder
holder of the privilege
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laws passed by legislature
statutory law
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a privilege based on the 5th amendment, which protects an individual against being compelled in any criminal case to be a witness against herself or testify to anything that might incriminate her
privilege against self-incrimination
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landmark U.S. Supreme court case providing a suspect in a criminal case the right to remain silent during custodial interrogation
miranda rule
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if a criminal defendant chooses not to testify, the prosecutor can't mention or make any comment about this refusal
no comment rule
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materials prepared by attorneys in anticipation of trial or litigation
work products
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evidence that is viewed in camera is examined privately by judge in chambers
in camera
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