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14 Cards in this Set

  • Front
  • Back
Fill in the Blank:

Every witness (unless under an exception) must testify from ________ -hand knowledge.
First (Personal)
Written documents brought to the stand by a witness can be:
Reviewed and examined by opposing counsel during cross-examination.
When is an offer of proof required?
When an objection to a question is sustained. Party must state for the record what the answer to the question would be.
To preserve appeal, evidence must be objected to when...
At the time offered.
Judicial Notice (Criminal v. Civil Case)
Criminal - Jury not bound to take as true matters that have been judicially noted.

Civil - Jury bound.
If the opposing party is denied cross examination of a witness, the proper remedy is to?
Strike the Direct Examination
Means to Impeach a Witness?
1) Inconsistent Statements
2) Bias
3) Self Interest
4) Prior Bad Acts
5) Prior Convictions (Questionable Truth - 10 years, Misdemeanors (not involving dishonesty) - Inadmissable
Privileged Communication (Types)
1) Husband/Wife (3rd Party presence, no attorney, destroys)
2) Attorney/Client (3rd Party necessary does not destroy, held by Client, inapplicable to future crimes, preexisting documents given to attorney does not privilege)
3) Physician/Patient
Statement of Present vs. Past Physical Condition
Present Physical Condition - Admissable

Past Physical Condition - Only admissable if made to a DR. or like invidiual for medical diagnosis or treatment
Business Record Admissability
Business Records kept in order transaction of business are gernerally admissable UNLESS created in preparation of litigation.
Are Public Records Admissible?
Yes, can be proven by copy, testimony, or certification of authenticity.
What can be admitted if the contents of a voluminous writing, record, or photgraphs are too massive bring into court?
A summary, chart, or calculation
Self-Authenticating Documents
1) Domestic Public Documents Under Seal
2) " " Not Under Seal but Signed by Public Official
3) Foreign Public Documents
4) Certified Copies of Public Records
5) Official Publications (by Public Authority)
6) Newspaper / Periodicals
7) Trade Inscriptions
8) Commercial Paper
9) Acts of Congress
10) Records of Regularly Coducted Activity (Dom/Foreign)
Records of Regularly Conducted Activity Requirements?
1) Made at or near time of incident
2) Kept in course of regularly conducted activity
3) " " as a regular practice.