Testimony Test 2

Question 1

pre trial device for one party to obtain facts and information from other party prior to trial

Answer 1

Discovery

Question 2

discovery includes any information not…

Answer 2

privileged

Question 3

communications between certain parties that is kept confidential

Answer 3

privileged

Question 4

FRCP Rule 26 Scope

Answer 4

any non privileged matter relevant to defense, relevant material doesn’t have to be admissible evidence

Question 5

Discovery components (5)

Answer 5

interrogatories, depositions, request for production, examination of parties and premises, requests for admission

Question 6

defendants in criminal case cannot be forced to testify against themselves (Amendment)

Answer 6

5th

Question 7

criminal prosecution has limited access to (4)

Answer 7

files, records, documents, defendant testimony

Question 8

Prosecutors are allowed exemplars like…

Answer 8

blood, urine, hair, handwriting, breath, fingerprints, footprints, voice

Question 9

good cause allows searches with …

Answer 9

search warrant

Question 10

under FRCP government must supply 4

Answer 10

statements of defendant, prior criminal record, docs and objects to be evidence at trial, reports of examinations and tests

Question 11

under FRCP gov does not have to supply 3

Answer 11

internal documents, inspections or reports, statements made by gov witnesses

Question 12

def supplies gov 2

Answer 12

docs to be evidence, reports of examination or tests*

Question 13

def does not supply gov with 1

Answer 13

docs in connection to investigation

Question 14

rule 15

Answer 14

depositions can be taken in exceptional circumstances

Question 15

civil and criminal must update information…

Answer 15

as soon as available

Question 16

court can enforce orders with…

Answer 16

sanctions

Question 17

civil discovery activated by

Answer 17

attorneys

Question 18

criminal discovery activated by

Answer 18

both sides or court orders

Question 19

Two ways discovery affects experts

Answer 19

information to support a case, used as discovery for by opposition

Question 20

Expert during discovery

Answer 20

aids with questions for opposition, advises response to to opposition questions, responds to written and oral questions before trial

Question 21

assisting with discovery 8

Answer 21

competent, knowledgeable, current practice and procedure, familiar with the facts, close to prelim opinion, innovative digging, art of brevity, ethical

Question 22

rules of discovery

Answer 22

talk too much, reveal too much

Question 23

checklist pre deposition 7

Answer 23

interrogatories, review casefile, check accuracy of final report, confer with attorney, dress professionally, prepare physically and mentally, practice testimony

Question 24

opposing attorneys objectives 5

Answer 24

additional information, attempt to impeach, lock in to position, assess your demeanor, demonstrate knowledge and expertise

Question 25

the ultimate accomplishment

Answer 25

successful testimony

Question 26

how is testimony a unique communication 5

Answer 26

highly structured, interactive, narrowly focused, varies in length, directed by someone not the speaker

Question 27

testimony of expert witness referred to as

Answer 27

translation

Question 28

report should contain 11

Answer 28

name address title, name address agency, date, case ID#, description of items examined, contact info for examiner, methods and instrumentation used to examine, results, interpretation or statistics, statement of disposition, signature of examiner and reviewers

Question 29

format

Answer 29

IM-MR-CD intro, materials, methods, results, conclusion, discussion

Question 30

three phases of trial

Answer 30

voir dire, direct examination, cross examination

Question 31

key to testimony

Answer 31

stay within expertise

Question 32

enhance testimony with 5

Answer 32

positive open body language, emphasis of key points, establish main points early, summarize at conclusion, awareness for needing commonsense explanations

Question 33

direct examination purpose 2

Answer 33

evidence to support facts, lays foundation

Question 34

important points for direct 6

Answer 34

accuracy of citation, precision in factual presentation, organization of graphics, organization of testimony and documentation, project credibility, honest

Question 35

law enforcement arm of the court

Answer 35

bailiff

Question 36

copies not as good as original

Answer 36

best evidence rule

Question 37

question with several different components

Answer 37

compound

Question 38

testifying about what they heard someone say

Answer 38

hearsay

Question 39

witness memory refreshed by previous statement

Answer 39

past recollection refreshed

Question 40

witness memory refreshed by previous document

Answer 40

past recollection recorded

Question 41

question suggesting the answer

Answer 41

leading

Question 42

witness that can be asked leading questions

Answer 42

hostile

Question 43

after cross examination

Answer 43

re direct

Question 44

elements enhance direct 5

Answer 44

coordination of testimony and documentation, explanation of complex ideas in simple manner, support opinion with admitted evidence, serious but pleasant, comfort with material and court

Question 45

coordination of testimonial media

Answer 45

blend testimony with visuals, building block, other expert opinion to reinforce your own

Question 46

Addie model

Answer 46

Analyze, design, develop, implement, evaluate

Question 47

TOMIPASTA

Answer 47

title, objective, materials, introduction, presentation, application, study, testing, assignment

Question 48

studies show that presentation of stats can be enhanced by using

Answer 48

hypothetical case examples