CON 216- Evidence & Testimony Flashcards
Where does evidence come from?
Evidence comes into the trial through the testimony of the witness who is in the witness box and has been sworn in
What type questions can the Attorneys ask a witness?
A Party’s OWN witness is presumed to be a FRIENDLY witness ! (open ended questions)
The OTHER Party’s witness is presumed to be an Adversarial or HOSTILE witness ! (close ended questions or leading the witness)
What is evidence?
Any kind of proof offered to establish the
existence or nonexistence of a fact in dispute,
e.g., testimony, writings, other material objects or
demonstrations.
What can the lay witness testify about during the trial?
ONLY Personal, Sensory Experiences !
No Opinions !
When can “opinion” testimony be given?
ONLY expert witnesses that have been qualified as
an expert can offer opinion testimony !
What is the difference between admissible and non-admissible evidence?
Non-Admissible evidence CANNOT be considered by
the judge or jury in making a judgment or decision
in the case being heard.
Only admissible evidence can be considered.
What does it take to make evidence admissible?
It must be credible,
it must be relevant (related to the cause of action) and
if it is marginally credible or relevant, then, it may be
admitted providing it doesn’t unduly prejudice the
other side.
Who’s job is it to challenge the credibility of a witness?
The opposing counsel
