Lex Bar Rules Flashcards
A court is required, on motion of either party, to exclude from the courtroom the
witnesses to be called in a trial when they are not testifying.
A victim-witness will be permitted to remain in the courtroom during the trial, unless
the court finds that the presence of the victim-witness would impair the conduct of a fair trial.
Motions to strike test the sufficiency of
the evidence.
When a motion to strike is made at the conclusion of the Commonwealth’s case, it is viewed in a light most favorable to
the Commonwealth.
An attempt to suppress particular items of evidence must be made by a motion to
suppress–not a motion to strike.
Probable cause is a reasonable belief that
a crime has been committed, and that a particular person committed it.
To make an arrest, police must have
probable cause.
Probable cause is a common-sense standard, and is satisfied when
an identifiable person witnesses a crime and reports it.
In Circuit Courts, motions to suppress evidence must be
filed in writing, with notice to opposing counsel, at least seven days prior to trial.
Motions to strike made at the conclusion of the Commonwealth’s case-in-chief are viewed in a light most favorable to
the Commonwealth, with all reasonable inferences drawn in favor of the Commonwealth.
To prove use of a firearm in the commission of a felony, it is not necessary that
the victim have actually seen a firearm, nor that one be admitted into evidence at the trial.
The existence and use of a firearm can be established by
circumstantial evidence.
