Presentation of Evidence Flashcards
(17 cards)
Lay Witness
-Personal knowledge of what they are testifying about
-Judge/Juror may not be a witness
Child Witness
Can be a witness as long as they know the difference between telling the truth and a lie
Expert Witness
-Prove that the expert is qualified such as by publication, education, resume and cv
- Can give expert opinion from outside material
-Can give legal conclusion
EXCEPTION
In a criminal case they cannot give opinion on mental state of the defendant or on an element of a crime or defense
If they are admitted as an expert, make sure they are only being asked questions about that subject.
Witness on the stand
The court can take reasonable steps so there is no waste of time and to keep reasonable control
Leading Questions
-Allowed in cross-examination
-Hostile witness
-Young/shy witness
-Adverse
-Jog memory
-Lay foundation
Refresh Witness Memory
-May show anything to the witness
-But NOT read into evidence
Excluding Witness
-If they are a party
-Statute allows
-They are needed
Role of Judge and Jury
Judge - question of law and admissibility through evidence
Jury - Weight of the evidence basically how much does this matter
Objection
An objection occurs when evidence is admitted, and a party is upset about it.
1. grounds
2. timely
Offer of Proof
Judge determines that the evidence is excluded and now you are trying to convince him on why it should come in.
- Evidence was excluded
- Preserved for appeal.
Burden of Production
Civ - Plaintiff - Preponderance of the Evidence
Crim - Prosecution - Beyond a Reasonable Doubt
Must prove each element then it shifts to the defense
Rebuttable Presumption
Once they have met their burden then the judge comes up with a presumption.
If the presumption is rebuttable then the jury MAY draw their conclusion.
Impeachment
This is about the witness of the stand
all about credibility
“Inconsistency” = 2 statements “cross-examination” triggers it and then atty can ask anything regarding attacking the credibility of the witness.
Impeaching Witness on Prior Bad Acts
Basically, you can ask the witness on the stand what they have done in the past….
1. Prior conviction - What kind of crime? Felony = not admissible unless 10 years and it passes the balancing test
Prior Bad Acts about Honesty and Truthfulness
Conviction about honesty or truthfulness regardless of if it’s a felony or misdemeanor its allowed.
It can come in through opinion, reputation or extrinsic evidence.
Collateral Matter
Cannot impeach a witness on a collateral matter.
Impeachment and Substantive Evidence
When the statement is also a hearsay exception
