Basic Terminology

Question 1

“Witness”

Answer 1

A witness is a person who gives testimony in court. The term is also sometimes used to refer to people who have perceived events relevant to legal proceedings whether or not they are called to testify.

Question 2

“Testimony”

Answer 2

Testimony is a sworn oral report by a witness of information relating to a legal dispute.

Question 3

“Exhibit”

Answer 3

An exhibit is a physical object – a contract, a picture, a gun, etc. – that is presented in evidence because it provides information relating to a legal dispute.

Question 4

“Offer of Proof”

Answer 4

An offer of proof is information that a party provides to the judge to show the contents of evidence that it has offered and to which an opposing party has made an objection.

Question 5

“Foundation”

Answer 5

A foundation is a fact on which evidence must be presented before a litigant is allowed to present evidence on some related matter. For example, a foundation is required before a witness is allowed to testify as an expert neurologist: the lawyer who calls her must present evidence that she is an expert in neurology.

Question 6

“Direct Examination”

Answer 6

Direct examination is the examination of a witness, almost always by the lawyer who calls her to stand.

Question 7

“Cross Examination”

Answer 7

Cross Examination is the examination of a witness, almost always by a lawyer for a party other than the one that called her to the stand.

Question 8

“Leading Question”

Answer 8

A leading question is a question that suggests the desired answer. Leading questions are allowed on cross examination; with some exceptions, they are prohibited on direct examination.

Question 9

“Impeachment”

Answer 9

Impeachment is evidence that is used to show that a witness has made a mistake, or has lied, or for some other reasons has testified inaccurately.

Question 10

“Rehabilitation”

Answer 10

Rehabilitation is evidence that is used to show that a witness who has been impeached did in fact testify truthfully and accurately.

Question 11

“Personal Knowledge”

Answer 11

Personal Knowledge of a facts is knowledge based on a person’s own sensory perceptions – seeing, hearing, touching, smelling or tasting – as opposed to knowledge that is based on what the witness heard from another person, read about, figured out, or guessed. In general, witnesses can only testify to matters within their personal knowledge.

Question 12

“Opinion”

Answer 12

Opinion evidence is evidence of something the witness has not seen, heard, or otherwise perceived directly, but rather has inferred from other information. Opinion evidence by expert witnesses is generally admissible; other witnesses can only testify to a narrow range of opinions, based on their own sensory perceptions.

Question 13

“Relevant”

Answer 13

Relevant evidence is evidence which has a tendency to make some fact that matters in the case more likely or less likely. Relevance is a requirement for admissibility; irrelevant evidence is inadmissible.

Question 14

“Unfair Prejudice”

Answer 14

Unfair prejudice is the effect of evidence that confuses or misleads the trier of fact, or causes the trier of fact to decide the case on a legally improper bases, such as hatred toward a party.

Question 15

“Character Evidence”

Answer 15

Character evidence is evidence that is offered to prove that a person is likely to have behaved in a certain way because she has a propensity to act that way, that is, because she’s the sort of person who does things like that. Character evidence is generally inadmissible to prove how a person behaved out of court, but some types of character evidence may be used to show that a witness lied in court (impeachment) or to respond to such a charge (rehabilitation).

Question 16

“Hearsay”

Answer 16

Hearsay is evidence of a statement that was made at some earlier time, which is presented at trial to prove that what the statement says is true. For example, if a witness testifies: “Jane ran in and told me that it was raining,” that would be hearsay if the testimony is offered to show that Jane’s statement was true – that it was indeed raining – but not hearsay if it was offered to show that Jane speaks English. Hearsay is generally inadmissible, but there are many exceptions.

Question 17

“Admission”

Answer 17

An admission is any statement that was made by one party in the case, and is then introduced in evidence by an opposing party. Admissions are treated very differently from other statements. Evidence of an admission may be admitted even if it is hearsay, and even if it was not based on personal knowledge or expresses an otherwise inadmissible opinion.

Question 18

“Privileged Communication”

Answer 18

A privileged communication is one that occurred within a legally recognized confidential relations – for example, the relationship between lawyer and client or between husband and wife. If the appropriate criteria are met, evidence or a privileged communication is inadmissible.

Question 19

“Privileged Information”

Answer 19

Privileged information is information that a person or an organization has a right to withhold from judicial proceedings. For example, the government can withhold state secrets.

Question 20

“Expert Witness”

Answer 20

An expert witness is a witness who has special knowledge or training that may be useful to the trier of fact – for example, a physician or an engineer. Expert witnesses are allowed to testify to a much broader range of opinions than other witnesses, and frequently may base their opinions on hearsay or other inadmissible evidence.