16 a b type 2

  1. when does the rejoinder occur
    in trials after the rebuttal
  2. what is cross examination
    when the opposing party questions the opposing party's witness
  3. when are leading questions allowed
    during cross examination
  4. what happens when misleading questions are employed
    • leads to unclear unsure or trickery of what is being said
    • this does not lead the witness to false conclusions
  5. Presumption is
    a deduction that the law requires
  6. what are the different levels of the burden of proof
    • criminal - beyond a reasonable doubt 
    • civil - preponderance of the evidence 
    • preliminary - clear and convincing evidence (prima facie)
  7. what is judicial notice
    • recognize fact that doesn't require proof
    • this is not an objection
  8. what is the best evidence rule
    • must product the original when possible.  
    • this is subject to the ruling of the court
  9. is a picture a valid substitute of real evidence
    no. this becomes documentary evidence
  10. what is testimonial evidence
    testimony to the 5 senses
  11. what is a positive of real physical evidence
    it is able to speak for itself
  12. what is the Law of evidence
    • enables a person to decide a disputed question or issue 
    • (not witness and not guilt)
  13. what must be present to qualify a witness
    • opportunity to observe
    • reason to observe 
    • reason to remember
  14. opinion evidence is ...
    that which comes as an opinion based on expert, non-expert, or lacking formal education
  15. is impeachment the same as perjury
    no. they can still continue to testify
  16. what are compelling words
    • coercion,
    • force
    • threats 
    • non compelling words - volunteer, trickery, anger
  17. Dr relationships is statutory law
  18. Jones Vs. US
    Victim of search and seizure must have standing
  19. can evidence enter the court if it is marked by the officer
  20. what does the exclusionary rule apply to
    • consent, 
    • search, 
    • and incident to arrest
  21. when does court preparation begin
    when you first receive the call from dispatch
  22. when does credibility begin
    when you arrive in court
  23. how are you most evaluated during testimony
    • by your nonverbal presentation 
    • body posture 
    • how you sound, etc.
  24. good testimony begins...
    with thorough case preparation
  25. what are the goals of direct testimony
    • id the defendant, the crime that was committed, and the evidence
    • establish your id and jurisdiction 
    • establish qualifications
Card Set
16 a b type 2
set 2