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19 Cards in this Set
- Front
- Back
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In a criminal case,after both sides have finished their presentation of evidence, both theprosecutor and the defense counsel may move for a directed verdict
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False; in a crimnial case the defense can move for a directed verdict but not the prosecution |
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According to yourinstructor, the #1 reason why people/businesses choose ADR is money - they wantto avoid the costs of litigation
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true |
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In a mediation, the mediatoracts like a: |
messenger plus conciliator |
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Which party or parties is/areentitled to file a motion for summary judgment? |
both plaintiff and defendant; frequently they file their motion for summary judgement at the same time |
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Who rules on theadmissibility of evidence? That is, who is the "evidence gatekeeper?"
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trial judge |
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Which party(parties)is/are entitled to move for a nonsuit?
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defendant |
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The answer to the complaintis filed by the: |
defendant; plaintiff files the complaint |
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. Jo and Bob were driving inJo's car when a rabbit ran out in the front of the car. Jo swerved to avoid thedog. She avoided running over the dog but ran head-on into another car and theother driver is suing Jo. Bob is asked to testify to the fact that Jo"jerked the steering wheel to the left". Is it hearsay? |
no; there was no out of court statement, jerking the steering wheel does not equal a statement |
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A witness who hears a shot,turns around and sees a man holding a gun can give _________ evidence as to ashooting. |
circumstantial |
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In a rape case, semen fromthe defendant was found inside the alleged victim's vagina. As to the allegedrape, the semen is ______ evidence. |
circumstantial |
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Louise has been charged withmurder. She needs to establish an alibi. Her attorneys want to enter intoevidence at trial the reservation book from a fancy restaurant, Chez Maggot.Which is of the statements below is correct? |
the reservations book is heresay, but it will be admissible during trial. |
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A privilege is the right to refuse totestify but it is not the right to prevent someone else from testifying.
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false |
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Privileges cannot be waived. T/F |
false |
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The case of Alton Logan concerned the ________ privilege. |
attorney client |
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Asingle piece of evidence can be both directand circumstantial. T/F |
true |
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Every state has atleast two federal districts. T/F
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false; every state has at least one |
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California's federal courts are part of thestate of California's judicial branch. T/F |
false, they are apart of the federal judicial branch |
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Thefederal court system is our national court system. T/F |
true |
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hearsay |
1. in court testimony 2. an out of court statement 3. made by someone other than the witness to prove the truth of the matter asserted (that out of court statement was true) 4. includes written statement (applicable exception) |
