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Rules of Evidence

Flashcards to memorize mock trial ROE

QuestionAnswer
Testimony is irrelevant to the facts of the case Rule 401-402; Irrelevant evidence
Counsel is asking the witness a _____ question (multiple statements/questions in one run) Rule 403; Compound question
Counsel is ________ the witness' testimony (more common on cross) Rule 403; Mischaracterization of testimony
Counsel's questions assumes ____ not in _____ (also relevant to closing argument) Rule 403; Assuming facts not in evidence
Witness' testimony is ______ ________ in that it goes beyond the witness' statement and any reasonable inference that can be drawn therefrom Rule 403; Unfair extrapolation
Evidence of a person's character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character trait ("Question is inadmissible as it goes to the witness's character") Rule 404(a); Improper character testimony
The witness has no personal knowledge that would enable him/her to answer this question Rule 602; Lack of personal knowledge
Question calls for _____ on the part of this witness (assumption) Rule 602; Speculation
Counsel's question is ________ (think debate; common on cross) Rule 611a; Argumentative question
Counsel's question calls for a ________ answer (long answer) Rule 611b; Narrative answer
Counsel is _____ the witness (Counsel is suggesting the answer in the question; usually calls for a "yes" or "no" answer) Rule 611b; Leading question
The answer is not _______ (does not answer) Rule 611b; Non-responsive answer
Beyond the scope of cross-examination or re-direct Rule 611d; Out of scope
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