Monday, October 7

Question 1

Who determines what is admissable in court

Answer 1

• the judge

Question 2

What are the two response from the judge to an objection

Answer 2

• Overruled
• Sustained

Question 3

Objection: No foundation

Answer 3

Needs to be established, the question cannot just be “what did you do on oct 7” because theres no tie to them and the case

Question 4

Best evidence rule

Answer 4

the original document is needed for admission in court

Question 5

What is the reason for chain of evidence

Answer 5

Show with reasonable certainty that nothing materially happened to an object or thing from when it was found to when it is presented in court

Question 6

Judicial notice

Answer 6

When the court (judge) acknowledges a fact that is known
- Could be of its OWN record
- the sun rises in the east and sets in the west

Question 7

Who (or what) testifies that the records presented in court (ex: bank records) are a true copy

Answer 7

records custodian of institution comes to testify

doc att to record (a sworn statement from the custodian of records)
indicia of reliability?

Question 8

indicia of reliablility

Answer 8

When the person that needs to testify cannot and have a doc that proves it is a true original copy of evidence

Question 9

Melendez Diaz Trial

Answer 9

in 2009 person was found with cocaine
forensic chemist did not come to testify but submitted his records from analysis with a notarized after davit

Supreme court decided it violated his 6th amendment right to confront his accusers

Question 10

Bull Coming?

Answer 10

2011
A forensic report was submitted, and the head of the lab was sent, but not the person that completed the analysis and report that was presented

Supreme court determined it still violated 6th amendment

Rule of law that was determined: You need to testify what you are presenting as an analyst

Question 11

Hearsay Objection

Answer 11

To prove the truth that is being asserted

911 calls
officer says “dispatch told me… there was a domestic dispute”
so objection will be called

There are many exceptions

Question 12

What is the Contemporaneous Objection Rule

Answer 12

Means that lawyers need to immediately object in the moment

To stop info that shouldn’t be admissible from coming in

Question 13

Speculation Objection

Answer 13

There is no way to know why something happened

Question 14

What is Excited Utterance

Answer 14

An exception to hearsay
Someone said “blnak just stabbed blank” If there is no time to craft a lie, because under duress and it is happening in the moment

Question 15

What is Dying declarations

Answer 15

An exception to hearsay
- Someones last words said “blank killed me”

• need to prove they thought they were dying

Question 16

What is Defendents statements

Answer 16

An exception to hearsay
Defendant gets caught in a lie from different statements given to officers

Any statement by defendant is never hearsay even though it is not in court