Presentation of Evidence Flashcards
Lay Witnesses
Anyone can be a W:
- Testify as to knowledge/perception
- Must take oath/affirmation
-Judge/juror may NOT be a W
- Child may be a W
** may NOT testify as to legal conclusions **
Control of Witnesses
the Court can take steps to keep “reasonable control” — make sure W is not embarrassed or that the court is not wasting time
Leading Q’s not allowed on Direct: Exceptions
-Cross examination
-hostile W
-adverse party
-shy witness/child
-jog memory
-lay foundation
Refreshing memory/recollection
- may show anything to Witness
- but NOT read into evidence
Witnesses must NOT be present in courtroom: Exceptions
-If they are a party
- statute allows
- are needed
Role of Judge v Jury
-Judge = rules of law + admissibility
-Jury = questions of fact + weight
Objection to Admission
- Timely
- Grounds
Offer of Proof
- Evidence was excluded
- Preserves for appeal
Burden of Production
Plaintiff/prosecution must prove each element
Burden of Persuasion
- civil = preponderance of the evidence (51% +)
- criminal = beyond a reasonable doubt
Rebuttable Presumption
- if the presumption is rebutted w/ evidence = the jury MAY conclude
- if the presumption is not rebutted = the jury MUST conclude
Conclusive Presumption
No rebuttal may be offered
Impeachment
- attacking W credibility
- generally admissible
Impeachment: Prior felony convictions
Admissible if:
1. felony committed within 10 years
2. Passes balancing test
Impeachment: Prior convictions regarding honesty/truthfulness
- felony or misdemeanor
- proved by reputation, opinion, or acts
* Q must relate to honesty or truthfulness*
