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30 Cards in this Set
- Front
- Back
extrapolation
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to arrive at a conclusion; to move forward
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objection
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to present to the judge a rule of evidence which would either take away or prevent a question/answer
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rules of evidence
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a system of rules and standards that is used to determine which facts may be admitted, and to what extent a judge or jury may consider those facts, as proof of a particular issue in a lawsuit
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sustained
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to support as true, legal or valid - the judge may say "sustained" when an objection is made and he agrees with the objection - the witness will not have to answer the question
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overruled
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to rule against; the judge may say "overruled" when an objection is made and he does not think the objection is valid - the witness will have to answer the question
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impeachment
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confront a witness with the statement and bring out inconsistencies in testimony given
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exhibits
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physical evidence like a letter, a witness statement, a diagram or sketch that may be referred to in detail an dparts read to the jury
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opening statement
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an introduction of yourself and your client and to acquaint the jury and judge with the nature of your case
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closing arguments
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a summary of your case in which you point out testimony which helps your case and damages your opponent's, and must be based on evidence and testimony presented during trial
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voluntary
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a statement must be freely and willingly given with complete understanding
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affirmative defense
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a defense that admits the doing of the act charged, but seeks to justify it
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provocation
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to provoke someone
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deadly force
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force that is intended or known by the person using it to cause death or serious bodily injury
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bodily injury
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physical pain, illness or impairment of physical condition
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serious bodily injury
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bodily injury that creates a substantial risk of death or that causes death
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reasonable belief
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a belief that would be held by an ordinary and prudent person in the same circumstances as the Defendant
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malice
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the wrongful intent to injure another and indicates a wicked or depraved spirit intent on doing wrong
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murder
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the killing of another person with malice aforethought
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manslaughter
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the unlawful killing of another without malice
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voluntary manslaughter
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the unlawful killing of a human being in a sudden heat of passion upon sufficient legal provocation
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petit/petty larceny
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any simple theft of any article of goods or the value of less that $200; a small crime
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cross-examination
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to tear down the opposing side's witness by asking questions and pointing out inconsistencies
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direct-examination
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showing your witness at his/her best by asking questions whose answers tell the story you want told
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stipulation
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a demand for something as a condition in an agreement
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evidence
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any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case
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direct evidence
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testimony given by a witness who has seen or heard the facts to which he testifies
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circumstantial evidence
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proof of facts or circumstances by direct evidence from which you may infer related or connected facts which are reasonable and justified in the light of your experience
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hearsay
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a statement other than one made by the declarent while testifying at trial and offered in evidence to prove the truth of the matter asserted during the trial
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indict
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to charge with a crime
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mitigate
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to make less harsh or hostile
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