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Forensics > Courtroom Skills > Flashcards

Courtroom Skills Flashcards

1
Q

What are the two types of witness?

A

Professional and expert

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2
Q

What does a professional witness do?

A

They witnessed the accident, present at the time/scene

Could include police officers or forensic scientists who gathered physical evidence

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3
Q

What is an expert witness?

A

A person specialised through education/qualifications/experience who is accepted as an expert by a judge
Gives interpretation of evidence

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4
Q

Who else can give evidence?

A

Civilians

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5
Q

What must all witnesses remember?

A

They are unbiased

Their duty is to the court

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6
Q

Who hired an expert witness?

A

Legal professionals/detective/police

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7
Q

Who can’t hire an expert witness?

A

A litigant person- someone involved in law suit

Must be unbiased

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8
Q

What must the expert witness make?

A

A written report supplying evidence

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9
Q

What should a written report consist of?

A

Short biography of author(s) (assistants must be included)
Listed info
Assess quality of references
Is it a high powered study?

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10
Q

What mustn’t you do when writing a report?

A

Guess

As opposition can argue against you, affects credibility

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11
Q

What types of cases can you have in England?

A

Civil

Criminal

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12
Q

What is the order of courts (of seriousness) for a criminal case

A

Magistrates court
Crown court
Court of appeal
Supreme Court

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13
Q

What is the order of courts you go to in order of seriousness for a civil case??

A

County court
High court of justice
Court of appeal
Supreme Court

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14
Q

Who are solicitors?

A

Legally qualified, can form partnership or join law firm

Generally act in lower courts

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15
Q

Who are barristers?

A

England
Have completed law degree and bar exam
Self employed and generally specialised
Act in higher courts (queens council)

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16
Q

What is the Scottish term for barristers?

A

Advocate

17
Q

Who are silks?

A

Generally eminent lawyers (barristers/advocates) who have obtained an extreme reputation
Appointed by queen on suggestion by the lord chancellor to be one of her majesty’s council learned in the law

18
Q

What happens in a magistrates court,

A

3 people, no legal training or pay

Clark of Court present

19
Q

What does the Clark of court do?

A

Legally trained to advise magistrates

20
Q

What does the prosecuting solicitor of the magistrates court have to do?

A

Prove that the offence was committed, that the defendant did it
Go through correct procedures

Has to prove beyond all reasonable doubt that the suspect is guilty

21
Q

What does the defence solicitor in the magistrates court have to do?

A

Merely challenge the evidence

22
Q

What does the Supreme Court do?

A

Doctrine of precedence

No witness or jury box…everyone around the table

High legal people that make a case into law without changing the law

23
Q

What does the coroner court do?

A

Legally but not medically qualified

Decides the cause of death but do not appoint blame

24
Q

What does Scotland have instead of the coroner court?

A

Sheriffs court

25
Q

What is the CPS?

A

Crown prosecution service

Act on behalf of majesty, deployed for that person

26
Q

Does the prosecution need to disclose all information in a case?

A

Yes

27
Q

Does the defence need to disclose all the information in a case?

A

No

28
Q

What happens in civil courts?

A

Things proved on a balance of probabilities

“More likely than not”

29
Q

What happens in criminal courts?

A

Prosecutor must convince the decision maker “beyond reasonable doubt”

30
Q

What must you avoid?

A

Using language that may be considered outside your area of expertise
May be criticised and it will be your point of attack

31
Q

If you are asked for your opinion…

A

Make it personal, more/less likely than not

Be honest

32
Q

What is the dress code in court?

A

Appear credible and professional

Ask clerk of court if in doubt

33
Q

What is the difference between an oath and an affirmation?

A

You must declare your full and honest opinion on both but:
Oath- swear on holy book
Affirmation- just promise

34
Q

What does a barrister refer to another barrister as?

A

My learned friend

35
Q

What does a barrister refer to a solicitor as?

A

My friend

36
Q

What is the aim of the cross-examiner?

A

To try and ruin your credibility or character and attempt to make you miss-speak

Forensics (11 decks)

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