Courtroom presentation of evidence Final exam

final exam study guide

Explain what “Laying a foundation” means in terms of competent testimony:

Providing evidence that the witness has personal knowledge of the subject matter, it established that the witness has a basis for that knowledge. Shown through the witness’s own testimony.

In terms of a witness define Competence-

refers to the ability of a witness to testify truthfully about a matter involved in a case. It is a threshold requirement for testimony.

An interpreter can be used to translate a competent witness’ testimony if the translator is qualified and under oath

TRUE

Explain the concept of Frye Test-

Requires general acceptance of scientific theory or practice within relevant community.

Explain the concept of Daubert Test-

This requires that the principles used by an expert be generally reliable. General acceptance within the community is one factor, not the sole factor.

Name the 2 stages for effective means the authentication of evidence

a) Establish competence of witness by proving firsthand knowledge of evidence

b) Testimony of witness identifying evidence

Under the rules of evidence it is possible or someone with no expertise in handwriting or voice recording identification to identify these items at trial if the person can testify to personal familiarity with said items were not acquired solely for the purpose of litigation.

TRUE

Define the concepts of: Best Evidence Rule

Applies to writing, recordings, and photographs. Writings are letters/words/numbers/or equivalent. Recordings are aural rendition of words letters or numbers. Photographs are all photographic images or equivalent, stored in any form.

Define the concepts of: Original evidence-

Is the actual writing or recording being offered as evidence, including counterparts.

Define the concepts of: Counterparts-

Multiple versions of a writing or recording intended to function as originals, such as real estate documents or photographs developed from a single negative.

Define the concepts of: Duplicate-

Is a copy that accurately reproduces the original. It is any version of a writing, recording, or photograph that is not an original.

Name the three reasons why relevant evidence can be excluded at trial:

a. The evidence will prejudice the jury

b. The evidence will mislead or confuse the jury

c. Presenting the evidence will cause undo delay or waste time

Define the concepts of: Character Evidence-

Relates to traits of “good” or “bad” in a person, focusing on their traits or qualities rather than his/her actions or state of mind. Not admissible to prove that someone acted in accordance with his/her character for that specific event.

Define the concepts of: Original evidence-

Evidence of a defendant’s character is admissible when introduced by the defense to refute guilt

TRUE

A rape victim’s past sexual conduct can never be brought in as evidence in the trial of his/her alleged rapist?

FALSE

Rap lyrics written by the defendant detailing the virtues of drug-selling lifestyle be admitted into evidence at his/her trial for drug dealing to show that the defendant was familiar with drug culture and its language

TRUE

Name the five ways relevant evidence can be excluded in a trial:

a. Unfair prejudice

b. Confusion of the issues

c. Misleading of the jury

d. Undue delay

e. Waste of time

Define or explain the significance of: U.S. v. McRae-

Shows that prejudice is “unfair” when it outweighs the probative value of the evidence. It can be unfair when it incites the jury’s emotions or leads to improper inferences.

Define or explain the significance of: Mistrial

Holding a new trial with a new jury.

Define or explain the significance of: Cautionary instruction-

An instruction to the jury to disregard the prejudicial evidence.

Define or explain the significance of: Cumulative Evidence-

duplicates other evidence without adding probative value.

Define or explain the significance of: Allocution-

The formal statement a defendant makes to the court after pleading guilty, often used to accept responsibility or mitigate sentencing.

The “Hearsay Rule, hearsay is not admissible unless otherwise provided by a statute or rule.

TRUE

According to the rules of evidence a “statement” includes

a. Oral assertion

b. Written assertion

c. Non-verbal conduct (ex., shake or nod of head) intended as an assertion

Define Excited Utterance-

Statement that relates to a startling event or condition. Made while declarant is still under stress of excitement, making it difficult to lie while under mental stress.

Define Recorded Recollection-

A written record of an event made or adopted by a declarant while the matter is still fresh in their mind, such as a diary, calendar entry, letter or e-mail.

Define Dying Declaration-

Statement made when a declarant believed their death was imminent. Must be about cause of death, only used in a civil or homicide case, not required for declarant to be dead for statement to be used.

Name the three ways to determine if evidence is privileged:

a. Is the witness a party to a privileged relationship?

b. If so, is the information being offered as evidence subject to the privilege?

c. If so, was the privilege waived?

For the purpose of applying the spousal confidential communications privilege a common law marriage is recognized if they have lived together or at least seven years

FALSE

Generally in criminal cases, the testifying spouse can’t be forced to testify against their spouse but can waive the spousal testimonial privilege?

TRUE

Define Attorney Client Privilege-

Protects relationship between defendant and his/her attorney. Ensures that defendants will communicate truthfully with attorney.

Define Physician-patient privilege-

Protects any information obtained by a doctor during treatment that relates to diagnosis or treatment of party. Used in most states (not federal court) and can include test results and other diagnostic tests.

Define Work Product Doctrine-

Protects all reports, memos, documents, or witness statements generated during investigation of case.

The attorney-client relationship is established when an attorney gives legal advice to someone.

TRUE

Define Eyewitness-

Are those who can testify to events based on firsthand knowledge.

Define Leading Questions-

Are questions that imply the desired answer. They are generally not allowed on direct examination but are permitted on cross and subsequent examinations.

Define Unresponsive answers-

When a witness’s testimony does not address the subject matter of the question. It is grounds for objection and instruction to answer, and the party can move to strike that testimony from the record.

Define Witness Credibility-

Is the question of whether evidence will be believed by the jury. It is affected by three factors: reasonableness, consistency, and demeanor.

A direct examination is conducted by the party who opposes a witness.

FALSE

A questioning attorney must either lay a foundation for the question or withdraw the question an objection is made to a question on the grounds that it assumes facts not evidence.

TRUE