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AJ3 Ch7-9

AJ2 Midterm Chapters

Evidence that can perceived with any of the five senses is referred to as ..... Real Evidence
What two things do ALL real evidence have i common ? 1. They must be formally marked and introduced into evidence, and 2. They can only be admitted into evidence AFTER the attorney has laid the foundation to make them admissible.
When an item is admitted in court, it is necessary to establish the ______ __ ______. Chain of Custody
Name 4 commonly accepted scientific tests. 1. DNA, 2. Fingerprint, 3. Blood Alcohol, 4. Blood typing
Person who analyzes the bullet and gun to determine if the bullet was fired from said weapon. Ballistics Expert
Person who helps in identifying human skeletal remains and decomposing bodies. Forensic Anthropologist
Name three type of tests that are NOT commonly accepted in court. 1. Polygraph, 2. Hypnosis, 3. Experiments (to measure the impact of a particular factor)
Type of evidence that ranges from a handwritten letter, graffiti on a wall, or information stored on a microchip is called... Documentary evidence
What is a Self Authenticating Document? Give Those that the law automatically assume were made for their apparent purpose. Ex. Sealed Gov't documents, Notarized, Acknowledged, Official Publications.
The most obvious way to authenticate a document is to ______ ... call one or more witnesses who can testify about the making of the documents.
How old, at common law, does a document have to be to qualify as ancient? How old per Federal rules of evidence? 30 years. 20 years.
Name some of the things a Forensic document examiner will look for. Handwriting, Age of ink, Age of paper, Alterations, Type of machine (typewriter, printer, fax, etc.), Seals, Erasures.
What is Hearsay? All statements made outside of court hearing that are offered into evidence as true including oral and documented.
Name some of the exceptions to the Hearsay rule 1. Busines Records Exception, 2. Public Records Exception,
The original document or a duplicate is considered what kind of evidence? Primary
What is secondary evidence All other evidence that can be produced to establish the content of the original. (Ex. Testimony of what was in a contract, Rough outline of a storyline).
Testimony introduced to show the contents of a document is called ________ evidence. Parole
What is the proper requirements to establish a foundation to allow Photographic Evidence into a trial? 1. Photo must be relevant, 2. must accurately portray the scene, 3. Must be unduly prejudicial, and 4. Primary evidence preferred over secondary evidence.
Several exceptions to the Hearsay rule are based on the declarant being........ an Unavailable Witness
Te FEDERAL rules of evidence declare that statements made by parties to the lawsuit (are/ are not) hearsay. Are Not. Therefore there is no need to create an exception to the hearsay rule.
1. As it pertains to statements made by the parties in a lawsuit, California says these statements ..... 2. This is known as which type of Exception. 1. are NOT protected under the hearsay rule. Thus an exception is made. 2. Admissions
Name a minimum of 6 Hearsay Exceptions (11 documented). 1.Admissions , 2.Adoptive Admission, 3.Coconspirator Admission, 4. Declar. Against Interest, 5.Spontan. Stmnt, 6.Contemporan. Declaration,7. Dying Devlaration, 8. Former Testimony Exct., 9. Prior Inconst. Stmnts, 10.prior Consist Stmnt, 11. Ancient Docs.
What is Testimonial Hearsay Statements made by the victim at the time of an occurrence. Cannot be allowed unless the person who made the statement is available to testify.
Can you name the three Hearsay exceptions that can only be allowed if the witness is unavailable? 1.Dying Declaration, 2. Former Testimony, 3 Declaration Against Interest.
Which Exception allows for the defendants admission of guilt to be admitted into a trial? Admission of a Party
A child who just stole a candy bar was confronted by the salesperson who says "I saw you steal that candy bar, are you ashamed?". The child says nothing but hangs head in shame. What type of admission is this? The Adoptive (Tacit) Admission.
Statements made by one conspirator can be used against the other. What is the name for this type of hearsay exception? Coconspirator Admissions.
Under this Hearsay Exception, the declarant must be unavailable and the statement would serve to go against the declarant Declaration Against Interest
These two exceptions are considered all part of the same in some states Spontaneous Statement, Contemporaneous Statement aka Present Sense Statement
This exception to hearsay is based on a statement relating to a startling event made while the declarant was under stress or excitement. Spontaneous Statement
The person making the Spontaneous statement can still do so whether they observed the event or not....T/F False. To qualify as spontaneous, the declarant must have personally observed the event.
What is the requirement for a Contemporaneous (aka Present Sense) Declaration to be admitted as an exception to the hearsay rule? The statement and the act must occur simultaneously and relate to the same event.
This exception to the hearsay rule pertains to testimony taken under oath at a prior court appearance or other legislative proceeding. Former Testimony Exception
Created by: JeromeG