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14 Cards in this Set
- Front
- Back
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Fill in the Blank:
Every witness (unless under an exception) must testify from ________ -hand knowledge. |
First (Personal)
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Written documents brought to the stand by a witness can be:
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Reviewed and examined by opposing counsel during cross-examination.
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When is an offer of proof required?
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When an objection to a question is sustained. Party must state for the record what the answer to the question would be.
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To preserve appeal, evidence must be objected to when...
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At the time offered.
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Judicial Notice (Criminal v. Civil Case)
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Criminal - Jury not bound to take as true matters that have been judicially noted.
Civil - Jury bound. |
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If the opposing party is denied cross examination of a witness, the proper remedy is to?
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Strike the Direct Examination
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Means to Impeach a Witness?
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1) Inconsistent Statements
2) Bias 3) Self Interest 4) Prior Bad Acts 5) Prior Convictions (Questionable Truth - 10 years, Misdemeanors (not involving dishonesty) - Inadmissable |
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Privileged Communication (Types)
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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 |
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Statement of Present vs. Past Physical Condition
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Present Physical Condition - Admissable
Past Physical Condition - Only admissable if made to a DR. or like invidiual for medical diagnosis or treatment |
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Business Record Admissability
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Business Records kept in order transaction of business are gernerally admissable UNLESS created in preparation of litigation.
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Are Public Records Admissible?
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Yes, can be proven by copy, testimony, or certification of authenticity.
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What can be admitted if the contents of a voluminous writing, record, or photgraphs are too massive bring into court?
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A summary, chart, or calculation
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Self-Authenticating Documents
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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) |
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Records of Regularly Conducted Activity Requirements?
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1) Made at or near time of incident
2) Kept in course of regularly conducted activity 3) " " as a regular practice. |
