Introduction Flashcards
Burden on appeals
to prevail in an appeal on a properly preserved (by timely objection or offer of proof) argument that the core erroneously excluded or admitted evidence, a party must show that (1) the trial court abuses discretion, and (2) the error affected a substantial right of the party
Harmless error rule
error that does not adversely affect the parties’ substantial right and thus will not warrant reversal of a judgment.
Plain Error
error that is not raised at trial but is so obvious and substantial that it excuses any failure to raise it and warrants reversal
Constitutional Error
infringes on a constitutional right; requires reversal unless error did not affect the verdict or court finds error was harmless
Leading
one that suggest an answer to a witness
Calls for narrative
a question that simply asks a witness t relate all that witness may know about a specific event
Asked and Answered
When you ask the witness to repeat the question
Assumes fact not in evidence
When the question assumes facts not in evidence
Mistakes facts not in evidence
Mistakes facts not in evidence
Argumentative
questions that ask a witness to reconcile conflicting positions
can be in tone or in substance
Compound question
Two verbs in a sentence
Lack of personal knowledge
A witness, other than an expert witness, may not testify to a matter unless the witness has first-handed knowledge of the subject matter of the testimony
Unresponsive
witness doesn’t answer the question
Vague and Ambiguous
response was vague and ambiguous
Why keep evidence out of trial
Relevance
Reliability and Fairness
other public policy concerns: substantive & procedural
What is evidence
