Domain 1 - Legal And Ethical Principles

Question 1

Define Admissible Evidence.

Answer 1

Evidence that

Question 2

Define these Terms:

Admissible Evidence

Answer 2

Evidence that a judge, jury, or tribunal may use in order to decide a case. Admissible evidence is evidence that is properly collected, relevant to an underlying case, and can be properly presented in court.

Question 3

Define these Terms:

Attorney-Client Privilege

Answer 3

In the law of evidence, a clientís privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and the clientís attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal advice or assistance. That privilege that permits an attorney to refuse to testify as to communications from the client. It belongs to the client, not the attorney, and hence only the client may waive it. In federal courts, state law is applied with respect to such privilege.

Question 4

Define these Terms:

Authentic Evidence

Answer 4

Evidence that is in its original or genuine state.

Question 5

Define these Terms:

Chain of Custody

Answer 5

The movement and location of physical evidence from the time it is obtained until the time it is presented in court.

Question 6

Define these Terms:

Chain of Evidence†

Answer 6

TBD

Question 7

Define these Terms:

Code of Ethics†

Answer 7

TBD

Question 8

Define these Terms:

Conclusion

Answer 8

A judgment arrived at by reasoning.

Question 9

Define these Terms:

Contempt

Answer 9

Conduct that defies the authority or dignity of a court or legislature.

Question 10

Define these Terms:

Counsel

Answer 10

An attorney.

Question 11

Define these Terms:

Credible Evidence

Answer 11

Evidence that is worthy of belief and comes from a source that is worthy of belief.

Question 12

Define these Terms:

Crime

Answer 12

A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community in its social aggregate capacity, as distinguished from a civil injury.

Question 13

Define these Terms:

Cross-examination

Answer 13

The questioning of a witness at a trial or hearing by the party opposed to the party who called the witness to testify.

Question 14

Define these Terms:

Custody

Answer 14

The care, possession, and control of a thing or person. The retention, inspection, guarding, maintenance, or security of a thing within the immediate care and control of the person to whom it is committed. The detention of a person by lawful authority or process.

Question 15

Define these Terms:

Evidence

Answer 15

Any writing, testimony, or other material object that is offered as proof of an alleged fact or hypothesis.

Question 16

Define these Terms:

Expert

Answer 16

A person who has a comprehensive and authoritative knowledge of or skill in a particular area. In the law, persons examined as witnesses in a case, who testify in regard to some professional or technical matter arising in the case, and who are permitted to give their opinions as to such matter on account of their special training, skill, or familiarity with the matter.

Question 17

Define these Terms:

Expert Opinion

Answer 17

An opinion offered by a witness whose knowledge, skill, experience, training, and education qualify the witness to help a fact-finder understand the evidence or decide a factual dispute.

Question 18

Define these Terms:

Expert Witness

Answer 18

A witness qualified by knowledge, skill, experience, training, or education that can provide scientific, technical, or other specialized opinion on a fact issue.

Question 19

Define these Terms:

Jurisdiction

Answer 19

A courtís power to decide a case or issue a decree.

Question 20

Define these Terms:

Opposing Counsel

Answer 20

The attorney representing the other party in a legal matter.

Question 21

Define these Terms:

Percipient

Answer 21

A witness who testifies about things they actually perceived. For example, an eyewitness.

Question 22

Define these Terms:

Persistent Data

Answer 22

Data that is stored on storage media and is preserved when an electronic device is turned off.

Question 23

Define these Terms:

Prejudice

Answer 23

A forejudgment; bias; partiality; preconceived opinion. A leaning toward one side of a cause for some reason other than a conviction of its justice.

Question 24

Define these Terms:

Probative

Answer 24

Tending to prove or disprove.

Question 25

Define these Terms:

Provenance

Answer 25

The origin of a piece of evidence.

Question 26

Define these Terms:

Relevant Evidence

Answer 26

Evidence that tends to prove (or disprove) a key legal element in a case.

Question 27

Define these Terms:

Reliable Evidence

Answer 27

Evidence that can be trusted to be truthful.

Question 28

Define these Terms:

Testimony

Answer 28

Evidence that a competent witness under oath or affirmation gives at trial or in an affidavit or deposition.

Question 29

Define these Terms:

Tort

Answer 29

A civil wrong for which a remedy may be obtained, usually in the form of damages; a breach of a duty that the law imposes on everyone in the same relation to one another as those involved in a given transaction.

Question 30

Define these Terms:

Trier of Fact

Answer 30

The judge in a bench trial, or jury in a jury trial, that carries the responsibility of determining the issues of fact in a case.

Question 31

Define these Terms:

Volatile Data

Answer 31

Data that is stored in the memory or connections that one electronic device might have with another device when the two devices are connected.