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Presentation of Evidence

  1. The __ has the burden of proving every element of the offense
    state - if there are three elements to the crime, the state has to prove all three elements.
  2. They will give you four examples of different jury instructions, and they will ask you which one violates the defendant's due process.

    The one that says_______ will be the right answer.
    "IF WE PROVE A, WE DON'T HAVE TO PROVE B"
  3. there are no ________ allowed in criminal trials.
    mandatory presumptions
  4. The standard of proof for overturning a judge's evidentiary rule is:
    abuse of discretion
  5. The Appellate court will NOT overturn a judge on abuse of discretion grounds unless he acted
    arbitrarily or irrationally.
  6. Leading questions are allowed on
    cross examination
  7. questions which suggest a right or wrong answer.
    leading questions
  8. When are leading questions allowed on direct?
    • 1. Introductory matters 
    • 2. Very young or forgetful witnesses - The judge will allow you to guide them a bit with leading questions.
  9. Can you impeach your own witness ?
    Yes
  10. What happens if cross examination is cut short due to death or illness of witness ?
    Direct will be stricken and could cause a mistrial
  11. what can you talk about during cross?
    Only things that were discussed on direct
  12. Can you impeach a witness on cross
    Yes, you can impeach anytime 

    The MBE will try to fuck with you and have someone get impeached... so you'll look at the problem and be like "wtf this was not mentioned on direct."

    It doesn't matter. Impeachment is always relevant and can always be brought up, even if it's not within the scope of the earlier questioning.
  13. what can be discussed during re-direct?
    you can only talk about what was on CROSS.
  14. what can be discussed during re-cross?
    you can only talk about what was on re-direct.
  15. Why might a witness be excluded from court room?
    Witnesses can be excluded from the courtroom so they don't hear what other people are saying and tailor their testimony to that.
  16. three type of witness who can not be excluded from court room:
    • 1. people permitted by statute
    • 2. Needed- A person whose presence is essential to the presentation of the case
    • 3. If they are a party in the case (and their lawyers)
Author
dwrght16
ID
364145
Card Set
Presentation of Evidence
Description
Presentation of Evidence - presumptions, order of evidence
Updated

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