Evidence Flashcards
When is evidence relevant?
evidence is relevant when it “[has] any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action”
What is the order when examining a witness?
1) direct examination
2) cross-examination (leading qs ok)
3) redirect examination
4) recross-examination ((leading qs ok))
What is hearsay evidence?
“Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.”
What does Section 352 of the Evidence Code state?
the judge may decide to exclude any evidence if its value is substantially outweighed by the likelihood that it will either 1) waste time, 2) create undue prejudice, 3) confuse the issues, 4) confuse the jury
What do you say if the testimony is irrelevant?
“Objection, your honor. This testimony is not relevant.”
How long should a question be?
10-15 words. Questions that are longer can be difficult for the witness and the jurors to follow.