mock trial rules - gahs

Question 1

401

Answer 1

definition of relevant evidence

Question 2

401a

Answer 2

makes facts more or less likely (has bearings on the facts of the case)

Question 3

401b

Answer 3

relates to the facts of the case

Question 4

402

Answer 4

irrelevant evidence = inadmissible

Question 5

403

Answer 5

exclusion of relevant evidence (must be substantially more prejudicial then probative)

Question 6

persuant

Answer 6

according to

Question 7

sustained

Answer 7

judge agrees with objection, testimony is stricken (taken off the record)

Question 8

overruled

Answer 8

judge disagrees with objection, testimony is allowed

Question 9

404a

Answer 9

evidence of someone’s character trait cannot be used to prove that they acted in accordance with that trait on a specific occasion (not allowed)

Question 10

404b

Answer 10

evidence of a prior wrong/crime is inadmissible when used for propensity

Question 11

404b(2)

Answer 11

permitted uses: motive, opportunity, preparation, plan, knowledge, identity, absence or lack of accident.

Question 12

405a

Answer 12

testimony about a person’s reputation/someone’s opinion of them (this only applies when the evidence is admissible)

Question 13

405b

Answer 13

specific instances of conduct

Question 14

406

Answer 14

habit, routine, practice (if you can establish that a person does smth habitually, THEN you can assume that on a specific instance they acted in accordance withthe habit. SUPERSEDES 404!!

Question 15

608

Answer 15

impeachment by evidence of criminal conviction

Question 16

process of impeachment

Answer 16

1) confirm inconsistency in the statement by asking the question again
2) ask if the witness made a statement (affidavit)
3) approach the opposing council with the witness’ statement
4) ask permission to approach the witness
5) confirm the witness’ statement is theirs
6) read them line numbers (get in their face!!)

Question 17

impeachment statements

Answer 17

1) It is your testimony here in. court today that (wrong statement)
2) Do you remember making a sworn statement for trial today?
3) Let the record reflect that I am now approaching the opposing council with (witness’ affidavit).
4) Your honor, permission to approach the witness?
5) This is your signature and affidavit, correct? By signing this statement, you agreed that all the facts are true and correct and that you had nothing of further significance to add?
6) Read it in their face ** Did I read that correctly?

Question 18

608a

Answer 18

reputation or opinion

Question 19

608b

Answer 19

specific instanced of conduct

Question 20

what rule correlates with 602

Answer 20

701a

Question 21

602

Answer 21

need for personal knowledge

Question 22

701a

Answer 22

rationally based on the witness’ perception

Question 23

611e

Answer 23

move to strike

Question 24

702

Answer 24

bases of expert testimony

Question 25

702a

Answer 25

help jury understand facts of the case

Question 26

702b

Answer 26

the testimony is based on sufficient facts or data

Question 27

703

Answer 27

inadmissible facts/data used to draw conclusions (expert) = admissible

Question 28

704

Answer 28

expert opinion on the ultimate issue = not automatically objectable

Question 29

705

Answer 29

experts need not disclose facts/data used to draw conclusions

Question 30

801

Answer 30

definition of hearsay - an oral, nonverbal, or written statement

Question 31

801d(1)

Answer 31

witness prior statement (used for consistency/inconsistency)

Question 32

801d(2)

Answer 32

opposing party’s statement

Question 33

802

Answer 33

hearsay = inadmissable

Question 34

803

Answer 34

exceptions to hearsay

Question 35

803(1)

Answer 35

present sense impression

Question 36

803(2)

Answer 36

excited utterance

Question 37

803(3)

Answer 37

then-existing mental, emotional, or physical condition intent plan but not beliefs

Question 38

803(4)

Answer 38

medical records

Question 39

803(6)

Answer 39

record of a regularly conducted activity

Question 40

803(7)

Answer 40

absence of record

Question 41

803(21)

Answer 41

reputation concerning character

Question 42

805

Answer 42

hearsay within hearsay; all layers of hearsay must be allowed