Misc Vocab

Question 1

Oral Testimony

Answer 1

given by Fact Witnesses - Expert Witnesses - Character Witnesses

Question 2

Fact Witness

Answer 2

People who perceived facts

Question 3

Expert Witness

Answer 3

People qualified to interpret facts to the jury

Question 4

Character Witness

Answer 4

People who have experience with the good and bad character of the party or witness.

Question 5

Real Evidence

Answer 5

Tangible evidence that parties claim played a direct role in the controversy - must be authenticated

Question 6

Documents

Answer 6

Any type of recorded info, can be digital.

Question 7

Demonstrative Evidence

Answer 7

Use to illustrate, Charts, tables etc. Subject to abuse to mislead jury.

Question 8

Stipulations

Answer 8

Facts agreed upon by both parties

Question 9

Judicial Notice

Answer 9

Indisputably true facts dictated by judge. (generally known, or accurately or readily known)

Question 10

Circumstantial Evidence

Answer 10

Evidence that requires a jury to draw an inference connecting the evidence to a disputed fact.

Question 11

Photographs/Video

Answer 11

Can be Real or Demonstrative evidence (vid of actual crime vs. vids to support argument)

Question 12

Motion in Limine

Answer 12

Pre-trial motion to include or exclude evidence

Question 13

Motion to supress

Answer 13

Pre-trial motion to exclude evidence because it was obtained illegally

Question 14

Summary Judgement

Answer 14

Pre-trial motion to decide case as a matter of law, assuming all non-moving parties evidence is true.

Question 15

Offensive Tools

Answer 15

Rebut evidence
Complete Story
Clarify ambiguous testimony
Introduce Expert testimony

Question 16

Defensive Tools

Answer 16

Show impairment of perception/recollection
Demonstrate inconsistencies
Show bias
Attack witness character for truthfulness

Question 17

Appeals to judge

Answer 17

Exclude the evidence

Claim unfair prejudice or delay

Question 18

Collateral matter

Answer 18

Things the trial is not about
Can explore but only through extrinsic evidence(questions)
Good faith belief

Question 19

Non-collateral

Answer 19

Things the trial is about
Can explore through non-extrinsic evidenc(papers)
Subject to limiting instructions

Question 20

Bolste

Answer 20

building up witness credibility by asking specific questions to support their statement. Not allowed unless character is attacked

Question 21

Compound question

Answer 21

Multiple questions delivered at once

Question 22

Common objections

Answer 22

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

Question 23

Habit Evidence

Answer 23

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.