Key Concepts Flashcards
Whether evidence is admissible generally speaking will depend on what?
Whether evidence is admissible will depend upon the purpose for which it is offered.
What does it mean for evidence to have a dual purpose?
It is when evidence is admissible for one purpose, but inadmissible for another purpose, the judge should give the jury a limiting instruction.
What is impeachment?
Impeachment is the process of trying to show that a witness should not be believed; the casting of an adverse reflection on the veracity of a witness.
Define bias.
Bias means there is some relationship between the witness and a party that could cause the witness to lie. Evidence of a witness’s bias is almost always admissible.
When an objection is sustained, what effect does that have on the evidence?
When an objection is sustained, the evidence is excluded.
When an objection is overruled, what effect does that have on the evidence?
When an objection is overruled, the evidence is admitted.
What are the three major types of evidence?
- Testimony by Witnesses;
- Exhibits (Real evidence and Illustrative Evidence);
- Judicial Notice
If a case is a federal diversity case, what law is applied? When is state law applicable?
If in federal court, apply the federal rules of evidence. EXCEPT in diversity cases, a federal court will still apply the federal rules of evidence, but will apply state evidence rules with respect to burdens of proof and presumptions, competency of witnesses (including Dead Man’s Statutes) and privileges.
Reversed Cards
Whether evidence is admissible will depend upon the purpose for which it is offered.
Whether evidence is admissible generally speaking will depend on what?
Reversed Cards
It is when evidence is admissible for one purpose, but inadmissible for another purpose, the judge should give the jury a limiting instruction.
What does it mean for evidence to have a dual purpose?
Reversed Cards
Impeachment is the process of trying to show that a witness should not be believed; the casting of an adverse reflection on the veracity of a witness.
What is impeachment?
Reversed Cards
Bias means there is some relationship between the witness and a party that could cause the witness to lie. Evidence of a witness’s bias is almost always admissible.
Define bias.
Reversed Cards
When an objection is sustained, the evidence is excluded.
When an objection is sustained, what effect does that have on the evidence?
Reversed Cards
When an objection is overruled, the evidence is admitted.
When an objection is overruled, what effect does that have on the evidence?
Reversed Cards
- Testimony by Witnesses;
- Exhibits (Real evidence and Illustrative Evidence);
- Judicial Notice
What are the three major types of evidence?
