TEST 2 Flashcards
Article 1
Gives legislative powers to Congress which is to be divided into the Senate and House of Representatives
Article 2
Gives executive powers to president of US
Article 3
Gives judicial powers to Supreme Court of US
Amendment I
Freedom of speech freedom of religion freedom of press right to assemble right to petition the government
Amendment II
Right to keep and bear arms
Amendment III
No soldiers can be quartered in any person’s home in times of peace without the permission of the owner
Amendment IV
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
Amendment V
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
Amendment VI
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
Amendment VII
Right to jury trial in federal court where the value of the controversy exceeds $20
Amendment VIII
Right against excessive bail
Right against excessive fines
Right against cruel and unusual punishment
Amendment IX
Peoples’ rights are not limited to those specifically mentioned in the constitution
Amendment X
any right not specifically mentioned in the constitution is up to the states to decide
Who conducts direct examination?
The attorney who called the witness
Who conducts Cross examination?
Attorney for the other party
Who conducts redirect examination?
attorney that called the witness, if necessary
Who conducts Recross examination?
attorneys for other parties, if necessary
Rule 611
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…
When are leading questions allowed?
- establish pedigree
- Direct witness to place/time
- Help confused witness
What is a hostile witness
Adverse witness to attorney calling them
Rule 408
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
Rule 607
Impeaching a witness
Any party including the party that called the witness may attack the witnesses’s credibility
10 tactics used to impeach witness (know 5)
- Exclude Evidence through a specialized rule
- Claim unfair, prejudice, confusion or delay
- 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
- Clarify the ambiguous testimony
- Show impairment of perception or recollection
- Demonstrate Inconsistencies- POINT OUT INCONSISTENCIES; INTERNALLY INCONSISTENT AND INCONSISTENT WITH EARLIER TESTIMONY
- Rebut the evidence- CALL A WITNESS TO COUNTER WITH POSITIVE INFO; HE SAID/SHE SAID
- Show Bias- BIAS IS EASILY UNDERSTOOD BY JURORS; COURTS ALLOW PREJUDICIAL INFO TO EXPRESS BIAS; EX: PAY OF EXPERT WITNESS
- Attack the witness’s character for truthfullness- DISCREDIT THE WITNESS; SHOW THEY ARE GENERALLY UNTRUTHFUL; POINT OUT LIES IN THE PAST
- Introduce Expert Testimony About Evid
Default setting for rule 601 for competent witness
all witnesses are competent
Can children and mentally handicapped be called to testify?
YES
Can judge testify?
NO
Rule 602
Req. witnesses to have personal knowledge
T/F Rule 603 directs witnesses to place hand on bible and say specific oath
FALSE- no specific oath and don’t have to use the bible
What % of cases end with plea bargain?
96%
Are there any exceptions to rule 410’s prohibition on discussing plea bargaining?
YES
- Fair Game- the prosecutor has NO right to introduce plea bargaining statements
- Perjury Prosecutions- statements made under oath, on the record and with counsel present
What does rule 404 prohibit?
prohibits use of character evid to prove propensity
What does rule 413 allow?
for evidence of past involvement in sexual assaults to be introduced
What does rule 414 allow?
for evidence of past involvement in child molestation to be introduced
What are the 3 objections to rule 413 and 414?
- current rule already allows admittance in certain circumstances
- people would be convicted on past behavior
- no convictions required
Rule 412 is known as what?
Rape Shield Law
What does rule 412 prohibit?
can’t argue victim has propensity for consent; can’t introduce evid of victim’s prior sexual history
What is hearsay?
secondhand information
Evidence based on information received from another
What does rule 802 say about hearsay?
hearsay not admissible unless any of the following provides otherwise
Fed statute
These rules
Other rules prescribed by SC
Are there exceptions to prohibitions in hearsay?
YES! Over 30
