Presentation of Evidence Flashcards
Trial Process
Judiciary has control over order of witnesses/presentation of case to effectively determine truth and avoid wasted time or witness harassment
May also question or call a witness
Leading Questions
Suggests the answer within the question
Generally not permitted on direct examination
Situations in which Leading Questions May Be Used on Direct Examination
(3)
(1) To elicit preliminary background info not in dispute
(2) To help witness communicate
(3) When you call hostile witness or adverse party
Refreshing a Witness’s Recollection
Allowed to help the witness remember by showing them a document (or something else), typically a person’s notes
Document DOES NOT become evidence
Witness DOES NOT read from it
Adverse party may inspect document and show jury
Cross-Examination
Limited in scope to subject of direct examination
Allowed to use leading questions
Improper Questions
6
(1) Compound questions
(2) Assumes facts not in evidence
(3) Argumentative
(4) Calls for conclusion/opinion witness not qualified to make
(5) Repetitive
(6) Lack of foundation
Exclusion of Witnesses from Courtroom
Must be excluded from courtroom to prevent witness from hearing testimony of others
Types of Witnesses that CAN Be in Courtroom
(1) Party in the case
(2) Witness essential to presentation of the case
(3) Person permitted by statute (i.e., victim)
Burden of Production
Party must produce enough evidence to get the issue to the jury
Burden of Persuasion
Party must convince the jury to decide the case in its favor
Burden of Proof in Civil Cases
Typically, preponderance of the evidence
Burden of Proof in Criminal Cases
Beyond a Reasonable Doubt
Rebuttable Presumption
Shifts burden of PRODUCTION on particular issue to opposing party, not burden of persuasion
Destruction of Evidence
If a party destroys evidence, there is a presumption that it would have been adverse to that party
Conclusive (or Irrebuttable) Presumption
Rules of law that cannot be challenged by contrary evidence
