Evidence

Question 1

How trials were conducted prior to riles of evidence

Answer 1

Trial by ordeal, by fire and trial by combat

Question 2

Purpose of the rules in 102

Answer 2

• Secure fairness in administration
• Eliminate unjustifiable expense and delay
• Promote growth and development of the law of evidence

Question 3

Evidence

Answer 3

Any specific proof legally presented at a trial

Question 4

Proof

Answer 4

The effect of evidence; the establishment of a fact by evidence

Question 5

Burden of proof

Answer 5

In law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute

Question 6

Presumption

Answer 6

A conclusion derived from a particular set of facts based on law

Question 7

Inference

Answer 7

An act of reasoning from factual knowledge or evidence

Question 8

Direct evidence

Answer 8

Refers to evidence that directly proves a fact without resorting to inferences or presumptions

Question 9

Circumstantial evidence

Answer 9

Evidence that is bearing on various circumstances from with the judge or jury an infer the occurrence of a fact in dispute

Question 10

Judicial notice

Answer 10

Certain facts or laws that are not subject to reasonable dispute

Question 11

Three basic rules of competency for a witness

Answer 11

• First hand knowledge
• Ability to recall and recount
• Understand the significance of the oath

Question 12

Relevant evidence

Answer 12

For evidence to be admissible in court it must be relevant

• Material
• have probative value

Question 13

Reasons relevant evidence my be excluded

Answer 13

• Probative value substantially outweighed by the danger of unfair prejudice
• Confusion of the issue
• Misleading the jury
• Undue delay, waste of time of needless presentation of evidence

Question 14

Admissibility and weight

Answer 14

Weight of evidence is the value the jury assigns to particular pieces of evidence in reaching a verdict

Question 15

Character conduct and bias

Answer 15

-The credibility of the witness may be attacked or supported by evidence in the form of opinion

Question 16

Impeachment by evidence of conviction of crime

Answer 16

Evidence that a witness other than an accused has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment in excess of one year under the law

Question 17

Direct examination

Answer 17

The usual method of examining witnesses is by oral questioning in open court by

• Question and answer
• Narrative form

Question 18

Cross examination

Answer 18

• The principal means by which belivability of a witness and the truth of his testimony are tested
• Its purpose is to probe the witness;s first hand knowledge

Question 19

Expert witness

Answer 19

• A witness qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion
• Used to assist the trier of fact in understanding the evidence

Question 20

Hearsay

Answer 20

• A statement, other than one made by the declarant while testifying at a trial or hearing
• A good method to determine hearsay involves questioning whether the witness is trying to prove the statement he/she is making

Question 21

When hearsay fails

Answer 21

• There is no oath
• There is no opportunity for the other party to cross examine the declarant
• There is no opportunity to observe or to probe his ability to recall and recount

Question 22

Exceptions to hearsay rule

Answer 22

If the circumstances surrounding the making of the statement give rise to the belief that it is true, theirs a strong likelihood it will hold up in court

Question 23

Present sense impression

Answer 23

A statement describing or explaining an event or condition made while the declarant was perceived

Question 24

Excited utterance

Answer 24

A statement relating to a startling event or condition made while the declarant was under the stress of excitement

Question 25

Recorded recollection

Answer 25

A matter that effects the memory of the witness that effects the ability to fully testify

Question 26

Public records

Answer 26

Records, reports, or data concerning a matter about offices or agencies

Question 27

Reputation as to character

Answer 27

Reputation of a persons character among associates or in the community

Question 28

Dying declaration

Answer 28

Statement made by a declarant who is now unalienable, and the death was imminent to the cause

Question 29

Former testimony

Answer 29

If the declarant is unavailable and the testimony they previous gave may be admitted

Question 30

Lawyer and client

Answer 30

A right to belonging to the client to refuse to reveal and prevent disclosure of certain communications that happened between the client and the lawyer

Question 31

Public safety employee and peer support team

Answer 31

Conversations between the public employee or employees family with peer support team it becomes confidential

Question 32

Spouse

Answer 32

• Bars the disclosure of communication made between spouse in a criminal matter.
• This privilege doesn’t matter when it comes to child abuse or neglect or criminal acts on a child

Question 33

Confessor and priest

Answer 33

Prevents regular or duty ordained ministers, priest or rabbis from being requires to disclose confidential communication trusted in them

Question 34

Self incrimination

Answer 34

• Protected by the 5th amendment

- Prevents the state from using a defendant testimony in a prior criminal trial against him

Question 35

News person and source

Answer 35

A person gathering and dissemination of news, newspaper, wire, book/ magazine or radio against disclosure

Question 36

When evidence is required to be disclosed

Answer 36

Is governed by federal and state precedent, as well as rule 5 of SCRCP

Question 37

Favorable

Answer 37

Includes any information that suggest the defendants innocence or impeaches the credibility of the states evidence

Question 38

Material

Answer 38

When considering the circumstances of the case, the information could lead a jury to form reasonable doubt

Question 39

Statements by the defendant

Answer 39

Any relevant written/recorded statements by the defendant

Question 40

Defendants prior record is a labeled under what rule

Answer 40

Rule 5

Question 41

Documents and tangible objects

Answer 41

Any books, papers, documents, photos,buildings, or copies.

Question 42

Reports of examination or tests

Answer 42

Results/ reports of physical or mental examination or scientific tests or experiments : material in preparation of the defense, intended for use by the prosecution at trail

Question 43

Lost or destroyed evidence

Answer 43

• Whether the evidence was favorable to the defendant
• The likelihood that the defendant was or will be prejudiced by the absence of the evidence
• The level of government culpability