-
when does the rejoinder occur
in trials after the rebuttal
-
what is cross examination
when the opposing party questions the opposing party's witness
-
when are leading questions allowed
during cross examination
-
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
-
Presumption is
a deduction that the law requires
-
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)
-
what is judicial notice
- recognize fact that doesn't require proof
- this is not an objection
-
what is the best evidence rule
- must product the original when possible.
- this is subject to the ruling of the court
-
is a picture a valid substitute of real evidence
no. this becomes documentary evidence
-
what is testimonial evidence
testimony to the 5 senses
-
what is a positive of real physical evidence
it is able to speak for itself
-
what is the Law of evidence
- enables a person to decide a disputed question or issue
- (not witness and not guilt)
-
what must be present to qualify a witness
- opportunity to observe
- reason to observe
- reason to remember
-
opinion evidence is ...
that which comes as an opinion based on expert, non-expert, or lacking formal education
-
is impeachment the same as perjury
no. they can still continue to testify
-
what are compelling words
- coercion,
- force
- threats
- non compelling words - volunteer, trickery, anger
-
Dr relationships is statutory law
-
Jones Vs. US
Victim of search and seizure must have standing
-
can evidence enter the court if it is marked by the officer
yes
-
what does the exclusionary rule apply to
- consent,
- search,
- and incident to arrest
-
when does court preparation begin
when you first receive the call from dispatch
-
when does credibility begin
when you arrive in court
-
how are you most evaluated during testimony
- by your nonverbal presentation
- body posture
- how you sound, etc.
-
good testimony begins...
with thorough case preparation
-
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
|
|
