Mode of Presentation; Burdens and Presumptions

Question 1

Trial process

Answer 1

Begins with plaintiffs case, then defendants, then a rebuttal

courts have discretion to alter the order of witnesses and presentation of evidence

Question 2

Leading questions

Answer 2

suggests the answer within the question; generally not permitted on direct examination

Question 3

Exceptions for leading questions used for direct examination

Answer 3

1. to elicit preliminary background information not in dispute
2. the witness has trouble communicating due to age or infirmity; or
3. when you call a hostile witness or adverse party

Question 4

Leading questions are allowed on?

Answer 4

cross examination

Question 5

Refreshing a witnesses recollection

Answer 5

Arises when a witness is having trouble remembering; allowed to help witness remember by showing them a document to refresh recollection

Question 6

Present recollection refreshed

Answer 6

The witness looks at the thing or listens, remembers, and then proceeds to testify from present memory

Question 7

In cross examination, every question will generally be a?

Answer 7

leading question

Question 8

Scope of cross examination

Answer 8

limited to the subject matter of direct examination and issues of credibility

Question 9

Improper questions

Answer 9

-compound questions
-facts not in evidence
-argumentative questions
-questions calling for inappropriate conclusions
-repetitive questions

Question 10

Exclusion of witnesses

Answer 10

witnesses must be excluded from the courtroom upon the request of either party or to prevent the witness from hearing the testimony of others

Question 11

Some witnesses may not be excluded including:

Answer 11

-a party in the case
-a witness who is presence to the presentation of the case;
-a person who is permitted by state rule to remain in the courtroom

Question 12

Burden of proof

Answer 12

Consists of burden of production and burden of persuasion

Question 13

Burden of production

Answer 13

A party must produce legally sufficient evidence for each element of the claim or defense; must produce enough so that the reasonable trier of fact could find that the fact had been proved

Question 14

Burden of persuasion

Answer 14

A party must persuade the jury to decide the case in its favor

Question 15

Civil cases burden standard

Answer 15

the standard of proof for the burden of persuasion is preponderance of the evidence

Question 16

Criminal cases burden standard

Answer 16

must be proven beyond a reasonable doubt

Question 17

Rebuttable presumptuon

Answer 17

Shifts the burden of production on a particular issue, but not the burden of persuasion

Question 18

Destruction of evidence presumption

Answer 18

If a party destroys evidence, there is a presumption that it would have been adverse to that party