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30 Cards in this Set

  • Front
  • Back
extrapolation
to arrive at a conclusion; to move forward
objection
to present to the judge a rule of evidence which would either take away or prevent a question/answer
rules of evidence
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
sustained
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
overruled
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
impeachment
confront a witness with the statement and bring out inconsistencies in testimony given
exhibits
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
opening statement
an introduction of yourself and your client and to acquaint the jury and judge with the nature of your case
closing arguments
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
voluntary
a statement must be freely and willingly given with complete understanding
affirmative defense
a defense that admits the doing of the act charged, but seeks to justify it
provocation
to provoke someone
deadly force
force that is intended or known by the person using it to cause death or serious bodily injury
bodily injury
physical pain, illness or impairment of physical condition
serious bodily injury
bodily injury that creates a substantial risk of death or that causes death
reasonable belief
a belief that would be held by an ordinary and prudent person in the same circumstances as the Defendant
malice
the wrongful intent to injure another and indicates a wicked or depraved spirit intent on doing wrong
murder
the killing of another person with malice aforethought
manslaughter
the unlawful killing of another without malice
voluntary manslaughter
the unlawful killing of a human being in a sudden heat of passion upon sufficient legal provocation
petit/petty larceny
any simple theft of any article of goods or the value of less that $200; a small crime
cross-examination
to tear down the opposing side's witness by asking questions and pointing out inconsistencies
direct-examination
showing your witness at his/her best by asking questions whose answers tell the story you want told
stipulation
a demand for something as a condition in an agreement
evidence
any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case
direct evidence
testimony given by a witness who has seen or heard the facts to which he testifies
circumstantial evidence
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
hearsay
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
indict
to charge with a crime
mitigate
to make less harsh or hostile