General Provisions And Witnesses

Question 1

An item not in — does not —

Answer 1

Evidence
Exist

Question 2

According to Rule 102, how should the rules be construed? 3

Answer 2

1) administer proceeding fairly
2) eliminate undue delay and expense
3) promote development of evidence law

Question 3

True or False: Judges may make comments on a case

Answer 3

True. However, such statements may not prejudice the case

Question 4

True or False: The court is prohibited from calling witnesses

Answer 4

False. The court may call witnesses on its own behalf or that of other parties, and these witness may be cross-examined

Question 5

Presumption defined

Answer 5

Rule of law that once a fact is established, presumption may be taken as established if not disputed

Question 6

Presumption v. Inference

Answer 6

An inference is a conclusion drawn from facts. A presumption is a legal idea that the establishment of a fact establishes a presumption

Question 7

When there is a presumption, the opposing side must

Answer 7

Rebut the presumption to make it go away. This is done by introducing evidence

Question 8

True or False: The establishment of a presumption shifts the burden of persuasion to the party against whom the presumption is directed.

Answer 8

False. The party against which a presumption is directed bears the burden of PRODUCTION to put on evidence to rebut, but the party asserting the presumption still bears the burden of persuasion.

Question 9

True or False: A witness must be proved competent to testify, similar to how physical evidence must be authenticated.

Answer 9

False. According to Rule 601, witnesses are presumed competent.

Question 10

True or False: Children may testify in a case

Answer 10

True. Children are competent to testify, though they may have to show an appreciation of the gravity of the situation and the ability to distinguish between truth and lies.

Question 11

State A passes a law that prohibits all hypnotically refreshed testimony. Jessica Jones is on trial for tax fraud, and used hypnotically refreshed testimony in her defense, which was excluded under the law. After being convicted, may Jessica challenge her conviction on the grounds that the law is unconstitutional?

Answer 11

Yes, and in fact the law is unconstitutional as it infringes upon the defendant’s right to defend themselves. However, hypnotically refreshed testimony can typically be excluded even if safeguards are in place.

Question 12

Jurors are generally — — to testify

Answer 12

Not allowed

Question 13

When may a juror testify

Answer 13

Extraneous prejudicial information improperly brought to attention
Outside influence
Mistake in filling out jury form

Question 14

Prohibit testimony against dead people in civil cases. Have generally fallen out of favor

Answer 14

Dead man statutes

Question 15

The most important condition a witness must satisfy is the — — —

Answer 15

Personal knowledge requirement

Question 16

To satisfy the personal knowledge requirement, a witness must

Answer 16

Have introduced evidence sufficient to support a finding that the witness has personal knowledge of the matter. Their own testimony may fulfill

Question 17

True or False: Witnesses are prohibited from expressing opinions

Answer 17

False. A witness may express opinions, but cannot speculate. Must be grounded in observations and experience

Question 18

What is the standard for excluding witness testimony for lack of personal knowledge

Answer 18

Only if no reasonable juror could believe they had the opportunity and ability to perceive the event

Question 19

True or False: witness may testify only if they have taken an oath or affirmation to tell the truth

Answer 19

True

Question 20

What distinguishes direct and cross examination

Answer 20

Direct examination for witness for your party, cross for opposing

Question 21

What is the key distinguishing characteristic between direct and cross examination?

Answer 21

Cross examination permits leadings questions

Question 22

When are leading questions permitted on direct examination?

Answer 22

When questioning a hostile witness or necessary to elicit testimony from witness

Question 23

True or False: Witnesses may not use writing to refresh their memory because this violates the Best Evidence rule

Answer 23

False. Rule 612 permits the use of writing to refresh a witnesses memory

Question 24

When will a witness’s use of a document to refresh memory not be allowed?

Answer 24

If the witness is testifying to the contents of the document, making it substantive evidence, this violates the best evidence rule. Additionally, if the witness is pulling all of their substantive testimony from the document, it is not allowed

Question 25

The document used to refresh memory must

Answer 25

Be made available to the opposing party, who may ask questions about it