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AJ3 CH4-6

Terms AJ3 Test 2

QuestionAnswer
For evidence to be admitted in court, it must be _______________ Relevant
Evidence is deemed to have _______ __________ as long as it might have some impact on the jury. Probative Value
Give 4 reasons the judge might exclude relevant evidence: 1. Too prejudicial, 2. Confuses the issues, 3. Misleads the jury, 4. Too cumulative.
What is Cumulative Evidence Evidence that merely restates what has already been admitted into evidence.
Corroborative Evidence Evidence that supports prior testimony by providing additional facts.
Evidence that establishes that a fact exist is called ______ ______. Direct Evidence
Evidence that asks you to draw an inference based on said evidence is called _________ ____________. Circumstantial Evidence
What is the distinction between Real Evidence vs Testimonial Evidence? Real Evidence is physical evidence (such as a cigarette butt). Testimonial Evidence is given by a witness while testifying under oath or affirmation.
What is a stipulation? An agreement by opposing counsel that a fact exists.
Judicial Notice is.... (detail if binding or not) ...a procedure wherein the judge tells the jury to accept that a fact exists. This is biding in a civil case but only advisory in a criminal case.
A judge may take judicial notice on his own without the attorneys requesting he do so. The latin term for this is Sua Sponte (On its own motion)
One side may ask the judge for a __ __ because the other side refused to ______ to a certain fact. Judicial Notice; Stipulate.
When a _______ is involved, the judge instructs the jury to draw specific conclusions based on the establishing of a basic fact. Presumption
What are the 3 constitutional limitations of PRESUMPTIONS in criminal cases? 1. Must be based on a logical assumption rather than a mere policy, 2. the basic fact must be established beyond a reasonable doubt (prosecution only), 3. CANNOT shift the burden of proof to the defendant.
What is a Rebuttal Presumption? when the opposing side can attack either the basic fact that was established or the concluded presumed fact.
Circumstantial evidence is admitted via judicial discretion. T/F. True. He considers whether the evidence is relevant and may exclude if too prejudicial or time consuming or or too confusing.
Direct evidence has more weight (value) than circumstantial evidence. T/F False. The jury decides which evidence carries the appropriate amount of weight.
Give an example of how a persons set of skills can be used as circumstantial evidence against him. If there is a case in which the perpetrator had to have X-Ray vision, had to be able to fly, and was shown that he went through great lengths to avoid the krptonite room, it can be pretty conclusive that Superman was the criminal.
Circumstantial evidence is usually needed to establish intent. What are the two most common approaches to establishing intent? Modus Operandi and Motive
What does Modus Operandi mean? It literally means Method Of Operation.
A character witness can give his opinion on the character of the witness. T/F False, a character witness can only tell what he knows of the defendant's reputation in the community.
When can the defendants character trait be brought into trial by either side without waiting for an opening from the defense? When the character trait is relevant to the prosecution of the defendant. Ex. Wife murdered/ Defendants character to have fits of jealous rage, Self Defense/Defendant known to be a brutish bully.
Does a witness who testifies in court need to be competent? Yes. Also he/she must posses relevant information.
What two criteria must be met in order to conclude that a witness is competent to testify? 1. Must understand that he has the obligation to tell the truth, and 2. must be able to narrate the events in question.
One of the key functions of cross examination is convincing the jury that they should not believe the other sides witnesses; this is called ______. Impeachment
Can you name 4 of 6 methods an attorney may use to attack the credibility of a witness (aka Impeach the testimony)? 1. Attack bias or prejudice, 2. Prior felony conviction, 3. Prior inconsistent statements, 4. Inability to observe, 5. Attack the reputation, 6. Prove immoral acts and uncharged crimes.
Fact that a witness is a bigot is/is not admissible if there is no part of the case that are likely to cause him to distort the facts IS NOT
Prior felony convictions cannot be used if the prior conviction has no bearing on the current case. T/F False.
When is a prior felony conviction NOT admissible? If it has been 10 years since the pardon or release from prison UNLESS the judge determines that there is a special reason that warrants telling this to the jury.
Some states allow impeachment on crimes of moral turpitude. What does this mean? Crimes of dishonesty such as perjury, embezzlement, etc.
Prior cases or statements that were dropped due to a procedural error (ex. Miranda violation) can be referenced to impeach a witness's credibility. T/F True
Attempts to restore a witness's credibility that has been damaged on Impeach is called ..... Rehabilitation.
Evidence that supports a witness testimony. This is called ______ _____. Corroborating Evidence.
What is the opinion rule as it pertains to the witness? Means that the opinions of the witness are not allowed in trial unless the witness is an expert in the field.
What is the Frye/Daubert rule? A scientific technique is only admissible if it is generally accepted as reliable in the scientific community.
If a witness is impeached, the side that called the witness may try to convince the jury that the testimony should be believed anyway. This is called ______ and is usually done of _______. Rehabilitation, Redirect.
Created by: JeromeG