Intro Flashcards
(18 cards)
What are the 4 bases to admit evidence?
- Materiality
- Probative value
- Form
- Prejudice or other harmful effect
What are the 4 types of evidence?
- Testimony
- Writings
- Real evidence (tangibles)
- Demonstrative evidence (illustrative - e.g., diagram)
3 grounds for striking jurors
- Family member
- Connection to party
- Connection to matter
Can evidence get in during opening statements?
No. However, it can if the parties have stipulated that certain evidence will be admitted.
At what points during trial does evidence come in>
- During presentation of case in chief
- When reacting to other side’s case in chief
Scope of Questioning for direct examination
Broad scope. Anything with probative value is okay as long as the questions are not leading.
Scope of questioning for re-direct and re-cross examinations
Narrow scope. Generally limited to scope of the direct OR impeachment of witnesses, but questions can be leading.
When can you ask leading questions?
During cross examination.
Who goes first for rebuttal cases
P goes first and D cross-examines
Then D goes and P cross-examines
When do parties make trial motions?
A party can move for judgment once all evidence has been presented.
In civil cases, either side can make a motion.
In criminal cases, only the defense can.
What is the order for closing statements?
P
D
P
What do jury instructions have to do with evidence?
Sometimes includes instructions on how to weigh the evidence.
Can the jurors get more evidence once they have begun deliberating?
No!
Can jurors ask the judge questions while deliberating?
Yes!
Can the jury reveal what happened during deliberations?
No, but there are exceptions.
What is a motion in Limine?
Where a movant seeks a pretrial order either to admit or exclude evidence.
What are stipulations?
Parties agree in advance of trial that certain evidence should be admitted.
How is evidence admitted
- Proponent must wait for the right time
- Proponent must lay foundation/frameworkd
- Proponent must move for admission
- Other side has chance to object.
- Judge rules (admits or excludes
- If admitted, proponent publishes evidence ot the jury. (this is done right after admission because the proponent has the jury’s attention.
