Basic Concepts Flashcards
Oral Testimony
The witness takes an oath to testify truthfully and responds to questions posed by parties
Fact Witnesses
Testify to facts they directly perceived
Character Witness
Offer information about the good or bad characted of a party or witness
Expert Witness
Uses specialized knowledge to interpret evidence and explain it to the jury, not required to have first-hand knowledge
Real evidence
Physical evidence a party claims played a direct role in the controversy, it must be authenticated [901-03] by the proponent
Documents
Any writing or recording of information, such as emails, texts, etc.
Demonstrative Evidence
Evidence created to illustrate concepts and fact to the jury, as well as actual demonstrations
Stipulations
When both parties agree on a fact, they can stipulate it for court proceedings [But See Old Chief]
Circumstantial Evidence
evidence that requires the jury to make an inference to connect it to the disputed fact
What is the FRE?
A series of restrictions placed on attorneys trying to submit evidence before the trier of fact
What are the four goals of the FRE?
Protect the jury from misleading info
Eliminate unnecessary delay/promote efficiency
Protect a social interest or policy interest
Ensure evidence is reliable
Motions in Limine
Pre-trial motions on the admissibility of evidence; they may be used to exlcude or secure permission of admissibility
Motions to Supress
A motion to exclude illegally obtained information not arguing whether the rules apply
Are Opening Statements Evidence?
No
At the close of Pros. C-in-C what motion will the defense sometimes raise?
Motion for judgment as a matter of law/directed verdict
