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Evidence > TEST 2 > Flashcards

TEST 2 Flashcards

1
Q

Article 1

A

Gives legislative powers to Congress which is to be divided into the Senate and House of Representatives

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2
Q

Article 2

A

Gives executive powers to president of US

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3
Q

Article 3

A

Gives judicial powers to Supreme Court of US

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4
Q

Amendment I

A 
Freedom of speech
freedom of religion
freedom of press
right to assemble
right to petition the government
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5
Q

Amendment II

A

Right to keep and bear arms

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6
Q

Amendment III

A

No soldiers can be quartered in any person’s home in times of peace without the permission of the owner

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7
Q

Amendment IV

A

Protection of persons papers houses and effects against unreasonable searches and seizures by the government
Warrants are to be issued under probable cause and supported by oath of affirmation, describing with particularity the places to be searched or persons/things to be seized

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8
Q

Amendment V

A

Double Jeopardy
Due Process
Right against self incrimination
Right to not answer to capital crime without presentment or indictment of grand jury
Government cannot take property without just compensation

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9
Q

Amendment VI

A 
Right to speedy and public trial
Right to trial by jury
Right to counsel
Right to confront witnesses
Right to have witnesses in your favor
Right to be informed of charges against you
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10
Q

Amendment VII

A

Right to jury trial in federal court where the value of the controversy exceeds $20

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11
Q

Amendment VIII

A

Right against excessive bail
Right against excessive fines
Right against cruel and unusual punishment

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12
Q

Amendment IX

A

Peoples’ rights are not limited to those specifically mentioned in the constitution

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13
Q

Amendment X

A

any right not specifically mentioned in the constitution is up to the states to decide

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14
Q

Who conducts direct examination?

A

The attorney who called the witness

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15
Q

Who conducts Cross examination?

A

Attorney for the other party

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16
Q

Who conducts redirect examination?

A

attorney that called the witness, if necessary

17
Q

Who conducts Recross examination?

A

attorneys for other parties, if necessary

18
Q

Rule 611

A

Deals with examining witnesses
The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
1. make those procedures effective for determining truth
2. avoid wasting time
3. protect witness from harassment or undue embarrassment
Cross examination: the scope of cross examination should not go beyond the subject matter of the direct examination
Leading Questions: leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions: on cross examination; when a party calls a hostile witness, adverse party…

19
Q

When are leading questions allowed?

A
  1. establish pedigree
  2. Direct witness to place/time
  3. Help confused witness
20
Q

What is a hostile witness

A

Adverse witness to attorney calling them

21
Q

Rule 408

A

Facilitates civil settlements and the negotiations that precede them
Protects statements made in settlements from being introduced in trial
Exists in part to prevent juries from thinking that settlements often are conclusive evid of liability

22
Q

Rule 607

A

Impeaching a witness

Any party including the party that called the witness may attack the witnesses’s credibility

23
Q

10 tactics used to impeach witness (know 5)

A
  1. Exclude Evidence through a specialized rule
  2. Claim unfair, prejudice, confusion or delay
  3. Complete the story- ADDITIONAL INFO REDUCES/ELIMINATES THE NEGATIVE EFFECTS OF THE TESTIMONY; GET POSITIVE INFO ON CROSS EXAMINATION; POINT OUT CONTRADICTING TESTIMONY OF OTHER WITNESSES
  4. Clarify the ambiguous testimony
  5. Show impairment of perception or recollection
  6. Demonstrate Inconsistencies- POINT OUT INCONSISTENCIES; INTERNALLY INCONSISTENT AND INCONSISTENT WITH EARLIER TESTIMONY
  7. Rebut the evidence- CALL A WITNESS TO COUNTER WITH POSITIVE INFO; HE SAID/SHE SAID
  8. Show Bias- BIAS IS EASILY UNDERSTOOD BY JURORS; COURTS ALLOW PREJUDICIAL INFO TO EXPRESS BIAS; EX: PAY OF EXPERT WITNESS
  9. Attack the witness’s character for truthfullness- DISCREDIT THE WITNESS; SHOW THEY ARE GENERALLY UNTRUTHFUL; POINT OUT LIES IN THE PAST
  10. Introduce Expert Testimony About Evid
24
Q

Default setting for rule 601 for competent witness

A

all witnesses are competent

25
Q

Can children and mentally handicapped be called to testify?

A

YES

26
Q

Can judge testify?

A

NO

27
Q

Rule 602

A

Req. witnesses to have personal knowledge

28
Q

T/F Rule 603 directs witnesses to place hand on bible and say specific oath

A

FALSE- no specific oath and don’t have to use the bible

29
Q

What % of cases end with plea bargain?

A

96%

30
Q

Are there any exceptions to rule 410’s prohibition on discussing plea bargaining?

A

YES

  1. Fair Game- the prosecutor has NO right to introduce plea bargaining statements
  2. Perjury Prosecutions- statements made under oath, on the record and with counsel present
31
Q

What does rule 404 prohibit?

A

prohibits use of character evid to prove propensity

32
Q

What does rule 413 allow?

A

for evidence of past involvement in sexual assaults to be introduced

33
Q

What does rule 414 allow?

A

for evidence of past involvement in child molestation to be introduced

34
Q

What are the 3 objections to rule 413 and 414?

A
  1. current rule already allows admittance in certain circumstances
  2. people would be convicted on past behavior
  3. no convictions required
35
Q

Rule 412 is known as what?

A

Rape Shield Law

36
Q

What does rule 412 prohibit?

A

can’t argue victim has propensity for consent; can’t introduce evid of victim’s prior sexual history

37
Q

What is hearsay?

A

secondhand information

Evidence based on information received from another

38
Q

What does rule 802 say about hearsay?

A

hearsay not admissible unless any of the following provides otherwise
Fed statute
These rules
Other rules prescribed by SC

39
Q

Are there exceptions to prohibitions in hearsay?

A

YES! Over 30

Evidence (5 decks)

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