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Black’s Law Dictionary (10th ed. 2014).
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1What is evidence?
What is evidence?2What are the Federal Rules of Evidence?
What are the Federal Rules of Evidence?3Is all evidence admissible in court?
Is all evidence admissible in court?4What is a lay witness?
What is a lay witness?5What evidence must the proponent of a lay witness introduce to show that the witness has the necessary personal knowledge to testify?
What evidence must the proponent of a lay witness introduce to show that the witness has the necessary personal knowledge to testify?6How can an attorney show that a lay witness has personal knowledge of a matter?
How can an attorney show that a lay witness has personal knowledge of a matter?7The parents of a young boy who was bullied at school brought a civil-rights claim against the school district. At trial, the father testified that ...
The parents of a young boy who was bullied at school brought a civil-rights claim against the school district. At trial, the father testified that his son came home from school one day with bruises on his arms and chest. The father claimed that the bruises occurred when several students grabbed the son and shoved him into a locker. Finally, the father reported that he telephoned the principal to complain about the incident. Opposing counsel objected to the father’s testimony on the grounds that the father lacked personal knowledge of the events. How should the court rule on the objection?8If a witness is having trouble remembering a fact or prior statement, can the witness refresh his or her memory?
If a witness is having trouble remembering a fact or prior statement, can the witness refresh his or her memory?9Which two things must an attorney show in order to be permitted to refresh a witness’s recollection while the witness is testifying?
Which two things must an attorney show in order to be permitted to refresh a witness’s recollection while the witness is testifying?10Which four rights does an adverse party have after a witness uses a writing to refresh his memory?
Which four rights does an adverse party have after a witness uses a writing to refresh his memory?11At trial, an undercover officer testified that she made a number of controlled purchases of cocaine from the defendant but she could not recall the...
At trial, an undercover officer testified that she made a number of controlled purchases of cocaine from the defendant but she could not recall the dates on which she made the purchases. The officer said that she recorded the dates in her daily notes. The officer also said that if she was allowed to see those notes, she would be able to remember. Did the prosecutor lay the proper foundation for refreshing the officer’s recollection?12What is the process by which a party may ask the court to disallow the introduction of witness testimony or other evidence?
What is the process by which a party may ask the court to disallow the introduction of witness testimony or other evidence?13What is the difference between a specific objection and a general objection?
What is the difference between a specific objection and a general objection?14If an attorney believes that a judge mistakenly admitted or excluded evidence, what must the attorney do to preserve a claim of error for appeal?
If an attorney believes that a judge mistakenly admitted or excluded evidence, what must the attorney do to preserve a claim of error for appeal?15What is a motion in limine?
What is a motion in limine?16What is an offer of proof?
What is an offer of proof?17What is harmless error?
What is harmless error?18What is prejudicial error?
What is prejudicial error?19What is plain error?
What is plain error?20If a party, for strategic reasons, waives an objection, may the party seek review for plain error?
If a party, for strategic reasons, waives an objection, may the party seek review for plain error?21Once a party has properly preserved an objection to the erroneous admission or exclusion of evidence, what must an appealing party show the appella...
Once a party has properly preserved an objection to the erroneous admission or exclusion of evidence, what must an appealing party show the appellate court in order to prevail in an appeal?22The prosecution argued that the defendant was a member of a gang. Several gang members testified from personal knowledge that the defendant was a m...
The prosecution argued that the defendant was a member of a gang. Several gang members testified from personal knowledge that the defendant was a member of the gang. A prison guard testified that he heard an inmate say that the defendant was a member of the gang. The defense attorney did not object before the guard testified nor did the defense attorney move to strike the guard’s testimony after the guard testified. On appeal, the defense attorney argued that the guard’s testimony violated the rule against hearsay. Will the appellate court affirm the trial court’s ruling?23What three requirements must be met for a lay witness to testify in the form of an opinion?
What three requirements must be met for a lay witness to testify in the form of an opinion?24Under which two circumstances can a lay witness’s opinion be admissible?
Under which two circumstances can a lay witness’s opinion be admissible?25A plaintiff brought a negligence claim against a defendant. The plaintiff alleged that the defendant caused an accident by driving under the influe...
A plaintiff brought a negligence claim against a defendant. The plaintiff alleged that the defendant caused an accident by driving under the influence of drugs. The plaintiff called a witness who saw the accident and spoke to both drivers. The plaintiff’s attorney asked the witness whether she had ever smelled marijuana and whether she would recognize marijuana if she smelled it in the future. The witness answered that she smelled marijuana many times in college and she recognized the smell. The attorney then asked if, in the witness’s opinion, the defendant was under the influence of marijuana when the accident occurred. The defense attorney objected that the question called for an opinion and only experts were allowed to testify in the form of an opinion. Should the court overrule the objection?26What is witness competency?
What is witness competency?27Is the presiding judge a competent witness in the matter over which he or she is presiding?
Is the presiding judge a competent witness in the matter over which he or she is presiding?28May a juror testify at trial in the presence of other jurors?
May a juror testify at trial in the presence of other jurors?29Which four requirements must be met for a person to be competent to testify?
Which four requirements must be met for a person to be competent to testify?30In federal court, under what circumstance does state law determine whether a witness is competent to testify?
In federal court, under what circumstance does state law determine whether a witness is competent to testify?31The defendant was accused of murdering his wife and was prosecuted in federal court. The prosecutor called a five-year-old child as a witness. The ...
The defendant was accused of murdering his wife and was prosecuted in federal court. The prosecutor called a five-year-old child as a witness. The child allegedly saw the defendant murder the wife with a knife. The child appeared intelligent and spoke clearly. In response to questions by the prosecutor, the child said he knew the difference between a truth and a lie. When asked what the clerk said to him, the child said that the clerk made the child promise to tell the truth. The defense counsel objected and argued that the witness was incompetent to testify because of his age. Should the judge overrule on the objection?32What is judicial notice?
What is judicial notice?33What type of facts are appropriate for judicial notice?
What type of facts are appropriate for judicial notice?34At what point in a proceeding can a court take judicial notice of a fact?
At what point in a proceeding can a court take judicial notice of a fact?35A prisoner was charged in federal court with aggravated assault after a fight with another prisoner. The prosecution asked the court to take judici...
A prisoner was charged in federal court with aggravated assault after a fight with another prisoner. The prosecution asked the court to take judicial notice of the fact that the prison was located on federal property. The court granted the motion. At the close of evidence, the judge instructed the jury that the court took judicial notice of the fact that the prison was located on federal property. The judge further instructed that the jury must take this fact as proven. The defense later appealed on the ground that the trial court made an improper jury instruction. Did the trial court make an improper jury instruction?36Is judicial notice binding on the jury in a civil case?
Is judicial notice binding on the jury in a civil case?37What is the judge’s role in a jury trial?
What is the judge’s role in a jury trial?38Does a judge make all legal rulings during a trial?
Does a judge make all legal rulings during a trial?39May a judge raise an issue without prompting from a party?
May a judge raise an issue without prompting from a party?40Is the role of the jury at a trial to find facts?
Is the role of the jury at a trial to find facts?41What is a general verdict?
What is a general verdict?42May evidence be admitted for a particular purpose but not another?
May evidence be admitted for a particular purpose but not another?43Under which two circumstances must the court give a limiting instruction?
Under which two circumstances must the court give a limiting instruction?44Under which three circumstances is a court not required to provide the jury with a limiting instruction?
Under which three circumstances is a court not required to provide the jury with a limiting instruction?45The employee of an oil company was killed in a pipeline explosion at an oil metering station. The employee’s widow brought a wrongful-death action ...
The employee of an oil company was killed in a pipeline explosion at an oil metering station. The employee’s widow brought a wrongful-death action against the company on the theory that the company was negligent in failing to provide the necessary safety systems. The oil company argued that it could not be found liable because it had no control over the metering station where the accident occurred. At trial, as proof that the company had control over the premises, the widow offered evidence that the oil company repaired the metering station after the accident. The oil company objected, arguing that the evidence violated the ban on the use of subsequent remedial measures to prove negligence. The court ruled the evidence admissible. The oil company immediately requested a limiting instruction.Should the court issue the instruction?46What is a presumption?
What is a presumption?47What is a conclusive presumption?
What is a conclusive presumption?48What is a rebuttable presumption?
What is a rebuttable presumption?49What is the bursting-bubble theory of presumption?
What is the bursting-bubble theory of presumption?50A miner allegedly died of black-lung disease. The miner’s family brought a claim against the mine owners. The applicable law provided that if a coa...
A miner allegedly died of black-lung disease. The miner’s family brought a claim against the mine owners. The applicable law provided that if a coal miner with 10 years’ employment in the mines died from a respiratory disease, it created a rebuttable presumption that the miner’s death was due to black-lung disease. The family offered the miner’s employment records showing that the miner worked in the mines for 20 years along with a death certificate showing that the miner died from respiratory disease. The mine responded with testimony from an examining physician stating that the miner actually died from lung cancer caused by 35 years of smoking cigarettes. The family asked the judge to instruct the jury that it must find that the miner died of black lung disease. The mine objected to the instruction. Should the court issue the instruction?51In federal civil cases in which state law applies, should the court apply state or federal law with regard to the effect of presumptions?
In federal civil cases in which state law applies, should the court apply state or federal law with regard to the effect of presumptions?52What is an evidentiary presumption?
What is an evidentiary presumption?53In federal criminal cases, is there a rule regarding evidentiary presumptions?
In federal criminal cases, is there a rule regarding evidentiary presumptions?54What aspects of the trial does a judge have the power to control?
What aspects of the trial does a judge have the power to control?55What is the appellate standard of review of a trial judge’s decisions regarding the management of the trial calendar and the courtroom proceedings?
What is the appellate standard of review of a trial judge’s decisions regarding the management of the trial calendar and the courtroom proceedings?56Can a court call its own witness?
Can a court call its own witness?57What is a hostile witness?
What is a hostile witness?58What is direct examination?
What is direct examination?59What is cross-examination?
What is cross-examination?60What types of questions are allowed on cross-examination?
What types of questions are allowed on cross-examination?61A defendant charged with bank robbery appeared in federal court. He called an alibi witness who testified on direct examination that on the day of ...
A defendant charged with bank robbery appeared in federal court. He called an alibi witness who testified on direct examination that on the day of the robbery the defendant was working for the alibi witness at the witness’s farm approximately 150 miles from the bank. On cross-examination, the prosecutor asked the alibi witness about his recent arrest for drunk and disorderly conduct. The defense attorney objected that the question was beyond the scope of the cross examination. How should the court rule on the objection?62What is a leading question?
What is a leading question?63Under what circumstances can a party ask a witness leading questions?
Under what circumstances can a party ask a witness leading questions?64May the court order a witness to leave the courtroom?
May the court order a witness to leave the courtroom?65What four types of individuals cannot be excluded from a courtroom?
What four types of individuals cannot be excluded from a courtroom?66The plaintiff sued a tire company for patent infringement. The defendant hired an expert witness to testify about the methods and processes in the ...
The plaintiff sued a tire company for patent infringement. The defendant hired an expert witness to testify about the methods and processes in the patent. At the start of the trial, the plaintiff moved for a sequestration order. The plaintiff argued that all witnesses, including the defense expert, must be excluded from the courtroom. How should the court rule on the motion?67What is witness impeachment?
What is witness impeachment?68What are the methods of witness impeachment?
What are the methods of witness impeachment?69What is impeachment by prior inconsistent statements?
What is impeachment by prior inconsistent statements?70Can an attorney question a witness about a prior inconsistent statement without any prior warning?
Can an attorney question a witness about a prior inconsistent statement without any prior warning?71Must a party introduce extrinsic evidence of a prior inconsistent statement in order to ask about the prior statement?
Must a party introduce extrinsic evidence of a prior inconsistent statement in order to ask about the prior statement?72Which three requirements must an attorney meet to introduce extrinsic evidence to show that a witness made a prior inconsistent statement?
Which three requirements must an attorney meet to introduce extrinsic evidence to show that a witness made a prior inconsistent statement?73Is the introduction of evidence of prior inconsistent conduct a permissible method of impeachment?
Is the introduction of evidence of prior inconsistent conduct a permissible method of impeachment?74In a criminal case for possession and distribution of cocaine, a defense witness testified on direct examination that she had never seen the defend...
In a criminal case for possession and distribution of cocaine, a defense witness testified on direct examination that she had never seen the defendant selling drugs. On cross-examination, the prosecutor asked, “Didn’t you tell the investigator that you saw the defendant selling coke on the corner daily?” The witness denied this. During rebuttal, the prosecutor called the investigator who testified, “The witness told me she saw the defendant selling coke on the corner daily.” The defense requested the following limiting instruction: “The testimony of a witness can be attacked by showing that the witness previously made statements that are different from the witness’s testimony here. The earlier statements are admissible only to discredit or impeach the credibility of the witness and not to establish the truth of these earlier statements.” Should the judge issue the limiting instruction?75What is bias?
What is bias?76Is extrinsic evidence of a witness’s improper bias or interest subject to the collateral evidence bar?
Is extrinsic evidence of a witness’s improper bias or interest subject to the collateral evidence bar?77The defendant was charged with murder in federal court. The prosecutor called the alleged accomplice, who was not charged, to testify against the d...
The defendant was charged with murder in federal court. The prosecutor called the alleged accomplice, who was not charged, to testify against the defendant. On cross-examination, the defense attorney asked the accomplice whether it was true that the prosecutor agreed not to charge him, but instead agreed to place him in a witness protection program in return for his testimony against the defendant. The prosecutor objected, arguing that no rule of evidence allowed for impeachment of a witness on the issue of bias. How should the judge rule on the objection?78For impeachment purposes, may a party cross-examine a witness regarding a prior conviction?
For impeachment purposes, may a party cross-examine a witness regarding a prior conviction?79Is the standard of admissibility for a prior felony conviction the same for a criminal defendant and for a non-defendant witness?
Is the standard of admissibility for a prior felony conviction the same for a criminal defendant and for a non-defendant witness?80Is the admissibility of a criminal defendant’s otherwise admissible prior felony conviction subject to a prejudice versus probity analysis?
Is the admissibility of a criminal defendant’s otherwise admissible prior felony conviction subject to a prejudice versus probity analysis?81Is there any time constraint on the admissibility of a witness’s prior conviction?
Is there any time constraint on the admissibility of a witness’s prior conviction?82Is a prior conviction that was pardoned or annulled admissible?
Is a prior conviction that was pardoned or annulled admissible?83When a witness takes an oath to testify truthfully, does the witness open the door to admission of evidence about his character for truthfulness?
When a witness takes an oath to testify truthfully, does the witness open the door to admission of evidence about his character for truthfulness?84What are the two methods for attacking a witness’s character for truthfulness?
What are the two methods for attacking a witness’s character for truthfulness?85May a witness testify about another witness’s reputation for truthfulness?
May a witness testify about another witness’s reputation for truthfulness?86May a witness testify in the form of an opinion about another witness’s character for truthfulness?
May a witness testify in the form of an opinion about another witness’s character for truthfulness?87May a party inquire about specific instances of conduct, or prior bad acts, related to a witness’s character for truthfulness?
May a party inquire about specific instances of conduct, or prior bad acts, related to a witness’s character for truthfulness?88If evidence of a specific instance of conduct related to a witness’s character for truthfulness is admissible for impeachment purposes, will it be ...
If evidence of a specific instance of conduct related to a witness’s character for truthfulness is admissible for impeachment purposes, will it be admitted regardless of its prejudicial effect?89Under what circumstances must a court admit a witness’s prior misdemeanor criminal conviction to impeach a witness’s character for truthfulness?
Under what circumstances must a court admit a witness’s prior misdemeanor criminal conviction to impeach a witness’s character for truthfulness?90Must a court admit a witness’s prior felony criminal conviction to impeach a witness’s character for truthfulness?
Must a court admit a witness’s prior felony criminal conviction to impeach a witness’s character for truthfulness?91A plaintiff’s arm was badly injured by a rotating dryer drum at a car wash. The plaintiff sued the manufacturer of the drum for product liability. ...
A plaintiff’s arm was badly injured by a rotating dryer drum at a car wash. The plaintiff sued the manufacturer of the drum for product liability. At trial, the manufacturer asked the plaintiff, “Isn’t it true that three years ago you were convicted of felony burglary and served two years in prison?” The plaintiff’s attorney objected, arguing that because the plaintiff was the defendant in the burglary case, the court was required to balance the probative value of any impeachment evidence against the prejudicial effect to the defendant. The attorney argued the probative value of the evidence of the prior criminal conviction did not outweigh its prejudicial effect and must be excluded. How should the court rule on the objection?92Under what circumstances can a party offer extrinsic evidence of specific instances of a witness’s untruthful conduct in order to attack or support...
Under what circumstances can a party offer extrinsic evidence of specific instances of a witness’s untruthful conduct in order to attack or support the witness’s character?93At what point during a trial can a party ask a witness about a specific instance of conduct in order to attack or support the witness’s character f...
At what point during a trial can a party ask a witness about a specific instance of conduct in order to attack or support the witness’s character for truthfulness?94A defendant was charged in federal court with receipt of stolen goods. The defendant testified in his own defense. On cross-examination, the prosec...
A defendant was charged in federal court with receipt of stolen goods. The defendant testified in his own defense. On cross-examination, the prosecutor asked the defendant if he had ever made a false claim for insurance. The defendant denied ever making such a claim. The prosecutor called an insurance adjuster to the stand and asked her if the defendant had ever make a false claim for insurance. The defense attorney objected, arguing that the investigator’s testimony represented improper extrinsic evidence of a prior bad act. How should the court rule on the objection?95In which three ways can a party attack or support a witness’s character for truthfulness?
In which three ways can a party attack or support a witness’s character for truthfulness?96Can a character witness testify on direct examination about specific instances or specific facts that support the reputation or opinion testimony?
Can a character witness testify on direct examination about specific instances or specific facts that support the reputation or opinion testimony?97After a real estate deal fell apart, the plaintiff sued the defendant in federal court for breach of contract. In her case-in-chief, and before the...
After a real estate deal fell apart, the plaintiff sued the defendant in federal court for breach of contract. In her case-in-chief, and before the plaintiff testified, the plaintiff’s attorney called a character witness and asked about the plaintiff’s reputation for truthfulness in the city’s real estate community. The character witness answered that the plaintiff had a reputation for being very honest and truthful. The defense attorney objected and moved to strike the testimony, arguing that the plaintiff’s attorney cannot call a character witness to support or bolster the plaintiff’s character until that character has been attacked. How should the court rule on the objection?98What is the difference between impeaching a witness’s character for truthfulness and impeaching a witness for a prior inconsistent statement?
What is the difference between impeaching a witness’s character for truthfulness and impeaching a witness for a prior inconsistent statement?99May a witness be impeached based on the witness’s inability to observe, recall, or relate facts or events accurately?
May a witness be impeached based on the witness’s inability to observe, recall, or relate facts or events accurately?100What are the four capacities a witness must possess?
What are the four capacities a witness must possess?101Can a party offer extrinsic evidence in order to attack a witness’s ability to accurately observe, relate, or remember facts?
Can a party offer extrinsic evidence in order to attack a witness’s ability to accurately observe, relate, or remember facts?102The defendant was charged in federal court with possession of cocaine with intent to distribute. The prosecution alleged that the defendant deliver...
The defendant was charged in federal court with possession of cocaine with intent to distribute. The prosecution alleged that the defendant delivered seven kilograms of cocaine to a conspirator who was then responsible for resale. The conspirator was the principal witness against the defendant. On cross-examination, the conspirator admitted that she had been a cocaine addict for many years. The conspirator also testified that during the time the alleged sale took place she generally used cocaine three or four times per day. However, she stated that she was able to remember the events in question. The defense moved to disqualify the witness as incompetent. How should the court rule on the motion?103What is hearsay?
What is hearsay?104Can a party impeach a hearsay declarant using evidence that would be admissible if the declarant had testified?
Can a party impeach a hearsay declarant using evidence that would be admissible if the declarant had testified?105May a party introduce a hearsay statement for the sole purpose of impeaching it with otherwise inadmissible extrinsic evidence?
May a party introduce a hearsay statement for the sole purpose of impeaching it with otherwise inadmissible extrinsic evidence?106Is extrinsic evidence of a hearsay declarant’s prior inconsistent statement admissible?
Is extrinsic evidence of a hearsay declarant’s prior inconsistent statement admissible?107The defendant was charged and acquitted of murdering his mistress by shooting her in the back and then running away. The mistress’s family brought ...
The defendant was charged and acquitted of murdering his mistress by shooting her in the back and then running away. The mistress’s family brought a wrongful death claim against the defendant in federal court. In the family’s case-in-chief, a witness to the murder testified that just before dying the mistress pointed to the defendant and shouted, “The murderer is right there—he’s the one!” The court admitted the mistress’s statement as a present sense impression and an excited utterance but not as a dying declaration. In his case-in-chief, the defendant called a mutual friend as a character witness. The friend testified that in his opinion, the mistress was a liar. The family objected on the grounds of improper impeachment. Should the court admit the evidence?108What is impeachment by contradiction?
What is impeachment by contradiction?109Can a party use extrinsic evidence to impeach by contradiction?
Can a party use extrinsic evidence to impeach by contradiction?110A seaman brought a negligence action against the owner of a ship for damages sustained during a workplace injury. The plaintiff testified that he w...
A seaman brought a negligence action against the owner of a ship for damages sustained during a workplace injury. The plaintiff testified that he was working on the ship and walking to the machine shop when a wire sticking out of an overhead pipe hit his head. The plaintiff said that for the next three weeks he suffered from dizzy spells and headaches so severe that he was unable to get out of bed. The defense called the ship’s officer, who testified that one week after the accident he saw the plaintiff drinking beer and playing poker with his fellow sailors. The plaintiff objected and moved to strike the testimony, arguing that the officer’s testimony was improper impeachment. How should the court rule on the objection?111When may a party bolster a witness’s credibility?
When may a party bolster a witness’s credibility?112In which three ways can a party rehabilitate a witness who has been impeached?
In which three ways can a party rehabilitate a witness who has been impeached?113At what point during a proceeding can a character witness testify to a principal witness’s truthful character?
At what point during a proceeding can a character witness testify to a principal witness’s truthful character?114The defendant was charged in federal court with felony sexual abuse of his daughter. During cross-examination of the daughter, the defense asked if...
The defendant was charged in federal court with felony sexual abuse of his daughter. During cross-examination of the daughter, the defense asked if it was true that the daughter made up the story following her parents’ divorce so that she could live with her mother instead of her father. The daughter denied that she made up the story. The prosecutor then called the daughter’s teacher. The teacher testified that six months after the divorce the daughter reported that the defendant had sexually abused her. The defendant objected to the testimony as improper rehabilitation after impeachment. How should the court rule on the objection?115Which courts apply the Federal Rules of Evidence to proceedings?
Which courts apply the Federal Rules of Evidence to proceedings?116In what types of proceedings do the Federal Rules of Evidence apply?
In what types of proceedings do the Federal Rules of Evidence apply?117Is refreshing a witness’s recollection the same as the past recollection recorded exception to the hearsay rule?
Is refreshing a witness’s recollection the same as the past recollection recorded exception to the hearsay rule?