Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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

Law And Evidence Midterm and Final Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Aspects of a Criminal Trial

A
  • Proof beyond a reasonable doubt

- Unanimous verdict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Highest Court in NYS

A

Court of appeals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Obtaining a reversal in appellate court on evidentiary matter

A
  • error in ruling
  • timely objection
  • error must affect substantial right
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Admissions FRE 803

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Admissions FRE 804

A

Defendant MUST be available as witness

  • former testimony
  • dying declaration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Exceptions to FRE 804

A
  • Death
  • Privilege
  • Refuse Test
  • Don’t recall / no memory
  • Physical / mental illness
  • Absent from jurisdiction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Hearsay is

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

FRE 401

A

Relevancy - evidence which proves or disproves fact at issue

  • elements of the crime
  • elements of cause of action
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

FRE 403

A

Balancing Test - does probative value outweighed by prejudicial affect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Foundation

A

Preliminary questions that must be asked to introduce evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Privileged communication

A
  • Attorney / Client
  • medical
  • broken if non-essential third party present
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Curative / Limiting Instructions FRE 404(b)

A 
MIMIC - prior bad act evidence 
Motive
Intent
Absence of Mistake
Identity
Common scheme or plan
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Qualifications of a witness

A

Determined by judge

  • must understand oath
  • free of mental disease/defect
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Motion in limine

A

Pre-trial motion to omit or deny/exclude evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Circumstantial Evidence

A
  • indirect evidence which you can infer from certain facts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Exclusion of witness rule

A
  • all fact witness must testify then leave except federal agent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Hearsay Exception

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Lay witness may testify to

A
  • 5 senses
  • intoxication levels
  • appeared upset
  • has no expert opinion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Right to confront witness

A

6th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Preemptory challenge

A

Free to strike juror

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Challenge for causes

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Grand jury burden

A

Needs show reasonable cause

24
Q

Trial jury burden

A

Must show beyond reasonable doubt

25
Q

Opening Statements

A

Prosecution must give outline of how intends to prove case

26
Q

Voir Dire

A

Process of picking jury

27
Q

Crawford vs. WA

A
  • right of confrontation
  • allowed examination of lab results
  • 6th amendment rights
28
Q

Deemed unavailable

A
  • Death

- mental defect/disease

29
Q

Leading questions

A
  • Permissible when cross examining

- Can own witness

30
Q

Non - leading questions

A

Use with own witness

31
Q

Stages of examination

A 
Direct
Cross
Redirect
Re-cross
Re-re-direct
Re-re-cross
32
Q

Excited utterance

A

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

33
Q

Present sense impression

A

A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it

34
Q

Refreshing recollection vs. past recollection record

A
  • 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
Q

FRE 807

A

Residual catch all exception

36
Q

Cross examining of a witness

A
  • use leading questions

- impeach their character

37
Q

Credibility of a witness

A

Can be attacked by anybody

38
Q

Character evidence

A
  • evidence of a person’s habit

- or organization’s routine

39
Q

Weight of information provided is determined by

A

Jury

40
Q

Treatises / Authoritative publications

A

May be used during direct examination of expert witnesses

41
Q

Chart -

A

OCS ***

42
Q

Admissions are

A

Non hearsay statements - FRE 801

43
Q

FRE 404(b)

A 
MIMIC rule - evidence of prior act
Motive
Intent
Absence of Mistake
Identity
Common Scheme
44
Q

Subsequent Remedial Measures

A

FRE 407

Faxing after accident occurs is not admissible (ie: sidewalk)

45
Q

Some courts treat re-cross entirely discretionary with the judge

A

True

46
Q

an FRE exists re: permissible content of closing arguments

A

False

47
Q

Daubert / Frye Standard

A

Admissibility rule for expert witnesses, Daubert is federal and Frye is state

48
Q

Golden Rule

A

Prohibits lawyer from asking jury to step in their shoes

49
Q

Best Evidence Rule

A

Request original document only if authenticity is being called into question

50
Q

Material Witness Order

A
  • witness refuses then judge orders warrant
51
Q

Demonstrative Evidence

A

Summarizes evidence (charts/diagrams)

52
Q

Real Evidence

A

Guns, knives, other weapons

53
Q

Judicial Notice

A

fact not subject to reasonable dispute (the sun rises)

54
Q

Rebuttal / Surrebuttal

A

Rebuttal is prosecution, surrebuttal is defense

55
Q

Improper Summations

A
  1. Cannot quote law
  2. No personal opinion
  3. Comment on facts in evidence
56
Q

FRE 609

A

Impeaching with prior conviction, Limit on Using the Evidence After 10 Years.

Law And Evidence (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions