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unfair extrapolation

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18 Terms

1

unfair extrapolation

witness creates a material fact not included in their official record

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2

relevance

when the question (or its potential answer) has nothing to do with the trial or has no value of being asked

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3

more prejudicial than probative

the value of the evidence as proof of fact is outweighed by the bias it creates

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4

lacks foundation

evidence without establishing that the witness was in a position to know these facts

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5

speculation

when a witness testifies about matter when they have no personal knowledge

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6

opinion testimony

inferences and other subjective statements from a non-expert witness.

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7

expert witness

a person with established knowledge of a specific area, who then may give an opinion based on this knowledge

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8

character evidence

evidence of a person's personality traits or tendencies, offered to prove that a person acted in accordance with these traits

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9

character evidence exceptions

Defendant’s own character (defense only), Victim’s character (defense only), Witness’ character (credibility), Habit to prove a specific behavior, Proving motive, intent, knowledge, identity, mistake

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10

hearsay

an out of court statement

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11

leading question

a question phrased in such a way as to suggest the desired answer; a lawyer may ask leading questions on cross-examination

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12

compound question

a question that joins two alternatives with "and" or “or”

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13

narrative

a question that is too general and calls for the witness to tell a story

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14

argumentative

a question that challenges the witness about the evidence given, or a tone that is accusatory or harassing

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15

asked and answered

when an attorney asks a question that has previously been answered

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16

vague and ambiguous

a question that is not clear, understandable, or concise

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17

non-responsive

when a witness does not answer the question, either by saying nothing, or by giving an off topic answer

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18

outside the scope of cross examination

in redirect, when the attorney asks a question beyond the issues raised in cross-examination

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