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23 Cards in this Set

  • Front
  • Back
Off The Record -- what is included in the "record"?
a transcript, testimony, instructions and all spoken words.
Off The Record -- What is the rule re: the record on appeal?
If it is not in the record, it does not exist.
Off The Record -- What are the requirements at sidebar if you want it to get into the record?
The court reporter must be there if you want the sidebar on the record.
Stipulations -- What is a stipulation with re: to the record?
When the two sides agree something is true, or assumed to be correct for the purposes of the trial.
Stipulations -- Can you ever be forced to accept a stipulation?
Yes. Sometimes in law, a side can be required.
Stipulations -- What is an example of a forced stipulation?
If the defense agrees to stipulation to PC, then the prosecutor cannot refuse the stipulation.
Stipulations -- What type of testimony are attorneys not forced to accept?
Expert testimony.
Leading Questions -- Definition.
Questions that suggest their own answer.
Leading Questions -- When can you not use leading questions?
On direct examination.
Leading Questions -- What are the exceptions to using leading questions on direct exam?
When there is:
1. a language barrier;
2. a child on the stand;
3. a hostile witness;
4. witness recollection or providing expert with hypo.
5. preliminary or undisputed matters.
Leading Questions -- When are they allowed?
On cross-exam; however, it is not guaranteed. It's up to judicial discretion.
Qualifying an Expert -- Who is responsible for qualifying an expert?
The party who calls the expert is responsible for qualifying him.
Qualifying an Expert -- What rights does the opposition have with regard to a Qualified Expert?
The opposition has the right to voir dire or question the qualifications of the witness before he testifies.
Marking for Identification -- What is the 6 Step Approach?
1. Mark it (e.g., P = 1,2,3; D = A,B,C)
2. Lay foundation and state relevancy.
3. Offer exhibit into evidence.
4. Secure express ruling on the record.
5. Change mark from "for identification" to clearly show receipt of evidence.
6. Showing or reading the exhibit to the jury.
What are testimonial exhibits?
Depositions, transcripts, etc.
What is Demonstrative Evidence?
Demonstrative Evidence is a recreation, etc.; i.e., tangible material which may be used for illustrative purposes. e.g., diagrams.
What is the limitation on Testimonial Exhibits?
They may only be read into the record.
Objections -- What are two requirements to making objections?
1. Must be made in a timely fashion; and
2. Must be specific.
Objections -- List the 5 reasons an attorney would forego available objections:
1. Opposing counsel's use of a leading question prevents waste of time;
2. Doesn't want to underscore hurtful testimony.
3. Doesn't want jurors to distrust him.
4. Evidence favors his client.
5. Opens door for your own evidence.
Offer of Proof -- Def.
When an objection is overruled, an offer of proof may be made for the record of appeal to show what evidence would have proved if admitted.
Offer of Proof -- When is the only time an offer of proof may be used?
An offer of proof may only be used in direct examination.
Appellate Review of Trial Court Rulings on Admissibility -- When Evidence is argued to have been erroneously admitted, what are the requirements for reversal on appeal?
1. A specific objection;
2. Timely made;
3. Ground for objection was valid; and
4. Error in overruling was prejudicial.
Appellate Review of Trial Court Rulings on Admissibility -- If Evidence is argued to have been erroneously excluded, what are the requirements for reversal on appeal?
1. No valid ground for objection;
2. An offer of proof was made; and
3. Error in excluding evidence was prejudicial.