Misc Vocab Flashcards
(23 cards)
Oral Testimony
given by Fact Witnesses - Expert Witnesses - Character Witnesses
Fact Witness
People who perceived facts
Expert Witness
People qualified to interpret facts to the jury
Character Witness
People who have experience with the good and bad character of the party or witness.
Real Evidence
Tangible evidence that parties claim played a direct role in the controversy - must be authenticated
Documents
Any type of recorded info, can be digital.
Demonstrative Evidence
Use to illustrate, Charts, tables etc. Subject to abuse to mislead jury.
Stipulations
Facts agreed upon by both parties
Judicial Notice
Indisputably true facts dictated by judge. (generally known, or accurately or readily known)
Circumstantial Evidence
Evidence that requires a jury to draw an inference connecting the evidence to a disputed fact.
Photographs/Video
Can be Real or Demonstrative evidence (vid of actual crime vs. vids to support argument)
Motion in Limine
Pre-trial motion to include or exclude evidence
Motion to supress
Pre-trial motion to exclude evidence because it was obtained illegally
Summary Judgement
Pre-trial motion to decide case as a matter of law, assuming all non-moving parties evidence is true.
Offensive Tools
Rebut evidence
Complete Story
Clarify ambiguous testimony
Introduce Expert testimony
Defensive Tools
Show impairment of perception/recollection
Demonstrate inconsistencies
Show bias
Attack witness character for truthfulness
Appeals to judge
Exclude the evidence
Claim unfair prejudice or delay
Collateral matter
Things the trial is not about
Can explore but only through extrinsic evidence(questions)
Good faith belief
Non-collateral
Things the trial is about
Can explore through non-extrinsic evidenc(papers)
Subject to limiting instructions
Bolste
building up witness credibility by asking specific questions to support their statement. Not allowed unless character is attacked
Compound question
Multiple questions delivered at once
Common objections
Argumentative *Asked and Answered *Assumes a fact not in evidence Beyond the scope Calls for narrative Calls for speculation *Compound question Harassing/badgering witness Improper characterization of testimony *Leading *Non-responsive answer *Vague
Habit Evidence
specific, repeated responses to a particular situation or stimuli. (specific conduct that arises in an identifiable context)
Allowed because its morally neutral
Allowed because greater probative value.
