All flashcards

117 cards

1What is evidence?
2What are the Federal Rules of Evidence?
3Is all evidence admissible in court?
4What 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?
6How 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 ...
8If 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?
10Which 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...
12What 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?
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?
15What is a motion in limine?
16What is an offer of proof?
17What is harmless error?
18What is prejudicial error?
19What is plain error?
20If 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...
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...
23What 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?
25A plaintiff brought a negligence claim against a defendant. The plaintiff alleged that the defendant caused an accident by driving under the influe...
26What is witness competency?
27Is 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?
29Which 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?
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 ...
32What is judicial notice?
33What type of facts are appropriate for judicial notice?
34At 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...
36Is judicial notice binding on the jury in a civil case?
37What is the judge’s role in a jury trial?
38Does a judge make all legal rulings during a trial?
39May a judge raise an issue without prompting from a party?
40Is the role of the jury at a trial to find facts?
41What is a general verdict?
42May evidence be admitted for a particular purpose but not another?
43Under 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?
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 ...
46What is a presumption?
47What is a conclusive presumption?
48What is a rebuttable presumption?
49What 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...
51In 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?
53In federal criminal cases, is there a rule regarding evidentiary presumptions?
54What 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?
56Can a court call its own witness?
57What is a hostile witness?
58What is direct examination?
59What is cross-examination?
60What 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 ...
62What is a leading question?
63Under what circumstances can a party ask a witness leading questions?
64May the court order a witness to leave the courtroom?
65What 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 ...
67What is witness impeachment?
68What are the methods of witness impeachment?
69What is impeachment by prior inconsistent statements?
70Can 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?
72Which 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?
74In a criminal case for possession and distribution of cocaine, a defense witness testified on direct examination that she had never seen the defend...
75What is bias?
76Is 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...
78For 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?
80Is 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?
82Is 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?
84What are the two methods for attacking a witness’s character for truthfulness?
85May 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?
87May 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 ...
89Under 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?
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. ...
92Under what circumstances can a party offer extrinsic evidence of specific instances of a witness’s untruthful conduct in order to attack or support...
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...
94A defendant was charged in federal court with receipt of stolen goods. The defendant testified in his own defense. On cross-examination, the prosec...
95In 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?
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...
98What 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?
100What 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?
102The defendant was charged in federal court with possession of cocaine with intent to distribute. The prosecution alleged that the defendant deliver...
103What is hearsay?
104Can 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?
106Is 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 ...
108What is impeachment by contradiction?
109Can 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...
111When may a party bolster a witness’s credibility?
112In 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?
114The defendant was charged in federal court with felony sexual abuse of his daughter. During cross-examination of the daughter, the defense asked if...
115Which courts apply the Federal Rules of Evidence to proceedings?
116In 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?

What is evidence?

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