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Law And Evidence > Law And Evidence Midterm and Final > Flashcards

Law And Evidence Midterm and Final Flashcards

1
Q

Aspects of a Criminal Trial

A
  • Proof beyond a reasonable doubt

- Unanimous verdict

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2
Q

Highest Court in NYS

A

Court of appeals

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3
Q

Obtaining a reversal in appellate court on evidentiary matter

A
  • error in ruling
  • timely objection
  • error must affect substantial right
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4
Q

Admissions FRE 803

A

Defendant need NOT be available
Excited utterance
Business records
Statement for medical diagnosis

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5
Q

Admissions FRE 804

A

Defendant MUST be available as witness

  • former testimony
  • dying declaration
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6
Q

Exceptions to FRE 804

A
  • Death
  • Privilege
  • Refuse Test
  • Don’t recall / no memory
  • Physical / mental illness
  • Absent from jurisdiction
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7
Q

Hearsay is

A

Out of court statement offered to prove the truth of the matter asserted

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8
Q

FRE 401

A

Relevancy - evidence which proves or disproves fact at issue

  • elements of the crime
  • elements of cause of action
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9
Q

FRE 403

A

Balancing Test - does probative value outweighed by prejudicial affect

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10
Q

Foundation

A

Preliminary questions that must be asked to introduce evidence

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11
Q

Privileged communication

A
  • Attorney / Client
  • medical
  • broken if non-essential third party present
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12
Q

Curative / Limiting Instructions FRE 404(b)

A 
MIMIC - prior bad act evidence 
Motive
Intent
Absence of Mistake
Identity
Common scheme or plan
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13
Q

Qualifications of a witness

A

Determined by judge

  • must understand oath
  • free of mental disease/defect
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14
Q

Stage of Criminal Trial

A
  1. Crime
  2. Arrest
  3. Arraignment
  4. Grand Jury Proceedings
  5. Indictment
  6. Discovery
  7. Motions
  8. Pre-trial Hearings
  9. Motion in limine
  10. Voir dire
  11. Opening statements
  12. Evidence
  13. Prosecution Case
  14. Defense Case
  15. Rebuttal case
  16. Charge Conference
  17. Closing arguments
  18. Sumations
  19. Deliberation
  20. Verdict
  21. Sentencing
  22. Appeal
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15
Q

Motion in limine

A

Pre-trial motion to omit or deny/exclude evidence

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16
Q

Circumstantial Evidence

A
  • indirect evidence which you can infer from certain facts
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17
Q

Exclusion of witness rule

A
  • all fact witness must testify then leave except federal agent
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18
Q

Hearsay Exception

A

FRE 803 -
FRE 804 - def must be unavailable.
Former testimony
Dying declaration

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19
Q

Lay witness may testify to

A
  • 5 senses
  • intoxication levels
  • appeared upset
  • has no expert opinion
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20
Q

Right to confront witness

A

6th amendment

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21
Q

Preemptory challenge

A

Free to strike juror

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22
Q

Challenge for causes

A

Strike juror b/c they could not be fair and impartial

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23
Q

Grand jury burden

A

Needs show reasonable cause

24
Q

Trial jury burden

A

Must show beyond reasonable doubt

25
Opening Statements
Prosecution must give outline of how intends to prove case
26
Voir Dire
Process of picking jury
27
Crawford vs. WA
- right of confrontation - allowed examination of lab results - 6th amendment rights
28
Deemed unavailable
- Death | - mental defect/disease
29
Leading questions
- Permissible when cross examining | - Can own witness
30
Non - leading questions
Use with own witness
31
Stages of examination
``` Direct Cross Redirect Re-cross Re-re-direct Re-re-cross ```
32
Excited utterance
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused
33
Present sense impression
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it
34
Refreshing recollection vs. past recollection record
- refreshing = hand someone anything to refresh memory | - past recollection record = hearsay exc FRE 803(5) - declarant need not be available. Then doc moved into evidence
35
FRE 807
Residual catch all exception
36
Cross examining of a witness
- use leading questions | - impeach their character
37
Credibility of a witness
Can be attacked by anybody
38
Character evidence
- evidence of a person's habit | - or organization's routine
39
Weight of information provided is determined by
Jury
40
Treatises / Authoritative publications
May be used during direct examination of expert witnesses
41
Chart -
OCS *******
42
Admissions are
Non hearsay statements - FRE 801
43
FRE 404(b)
``` MIMIC rule - evidence of prior act Motive Intent Absence of Mistake Identity Common Scheme ```
44
Subsequent Remedial Measures
FRE 407 | Faxing after accident occurs is not admissible (ie: sidewalk)
45
Some courts treat re-cross entirely discretionary with the judge
True
46
an FRE exists re: permissible content of closing arguments
False
47
Daubert / Frye Standard
Admissibility rule for expert witnesses, Daubert is federal and Frye is state
48
Golden Rule
Prohibits lawyer from asking jury to step in their shoes
49
Best Evidence Rule
Request original document only if authenticity is being called into question
50
Material Witness Order
- witness refuses then judge orders warrant
51
Demonstrative Evidence
Summarizes evidence (charts/diagrams)
52
Real Evidence
Guns, knives, other weapons
53
Judicial Notice
fact not subject to reasonable dispute (the sun rises)
54
Rebuttal / Surrebuttal
Rebuttal is prosecution, surrebuttal is defense
55
Improper Summations
1. Cannot quote law 2. No personal opinion 3. Comment on facts in evidence
56
FRE 609
Impeaching with prior conviction, Limit on Using the Evidence After 10 Years.

Law And Evidence (1 decks)

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