Term
| Why is evidence so important? |
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Definition
| Evidence is super important because if something is not admitted, it is like it never happened. |
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Term
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Definition
An out of court statement used to prove the truth of the matter asserted.
when not using it to prove the truth, it is note hearsay so you can use it to get around the hearsay rule. |
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Term
Business record exception to hearsay
How can they be admitted?
In what form should they be admitted |
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Definition
Business records like bank statements are an exception to the hearsay rule.
Can obtain a certificate saying that "These were kept in normal course of business". This certificate allows for the exception so the records can be admitted.
You want to get the statements in paper form so the jury can see it. |
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Term
| How can you get photos admited into evidence? |
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Definition
Can get photos admitted into evidence by asking witness "Is this a fiar and accurate reporesentation of....", and if they say yes, can say "I'm publishing to jury...." |
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Term
| Why is the order in which evidence admitted important? |
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Definition
| The order that evidence is admitted is important because you want to make your case into as much of a story as possible. |
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Term
| When Can a bad act be admitted into evidence? |
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Definition
| It can be admitted into evidence if it is a habit. |
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Term
| What should you think about hearsay when trying to prove the truth? |
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Definition
| When trying to prove truth with regards to hearsay, it depends on what you're trying to prove. |
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Term
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Definition
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1)One of the first motions filed before or at the beginning of trial, frequently used to prevent opposing counsel from introducing certain evidence at trial
2) In many cases they are used to exclude expert testimony.
i.e. only experience of a doctor was in broken legs and injury to back in case
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Term
| Which Doctor's testimony can you always have admitted into evidence? |
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Definition
| You can always get a treating doctor's testimony admitted into evidence. |
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Term
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Definition
| USUALLY AT THE TIME PRIOR TO TRIAL THE JUDGE TRIES TO LIMIT THE EVIDECE AND ESTIMATE THE LENGTH OF TRIAL WITH A REQUEST FOR A PRETRIAL STATEMENT AND A HEARING TO DISCUSS |
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Term
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Definition
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1) PRETRIAL STATEMENT IS COMPOSED BY BOTH PARTIES AND SIGNED JOINTLY, MANY TIMES CALLED A JOINT PRETRIAL STATEMENT
2) CONTAINS STATEMENT OF CASE, WITNESS LISTS, EXHIBITS
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Term
| What happens after pretrial statement? |
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Definition
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Term
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Definition
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1) CONDUCT HEARING USUALLY ON
2) EVIDENCE TO BE EXCLUDED I.E. IN LIMINE
DECISION BEFORE JURY TRIAL BEGINS
3) IN CRIMINAL CASE – SUPPRESSSION HEARING (ie was search in drug case good).
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Term
| Who frequently prepares Subpoean documents for witnesses? |
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Definition
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IN MANY OR MOST CASES YOU AS PARALEGAL WILL BE PREPARING THE SUBPOENA IN A CASE FOR WITNESSES AND/OR DOCUMENTS
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Term
| What FCPR rule governs Subpoenas? |
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Definition
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Term
| How long does a subpoena usually last after being served? |
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Definition
| It never expires so you don't have to have it reissued for different days. |
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Term
When do you subpoena medical records?
and from where? |
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Definition
1)subpoena medical records right before tiral and
2) request medical records from wherever the party was treated. |
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Term
When you can challenge a subpoena?
What motion do you use? |
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Definition
You may challenge a subpoena if it is
1) unreasonable 2) oppressive 3) insufficient
You use a motion to quash |
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Term
| What information do you need to subpoena someone? |
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Definition
| Have to have person's name and address |
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Term
What is a subpoena form similar to?
What kind of information should you put on the subpoena for the production of witnesses?
What about a subpoena for records? |
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Definition
A subpoean is similar to a summons
You need to make sure the date, court room, what/who, address are all on the subpoens
If you are subpoenaing records, you need to know the dates of the records |
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Term
| Even though you fill out the paper work, who technically issues the subpoena? |
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Definition
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Term
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Definition
| List of people subpoenaed and when they were subpoenaed. |
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Term
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Definition
| Lists evidence like bike, med records, tax returnes (must list all of them). |
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Term
| How many copies of exhibit lists and witness lists should you make? |
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Definition
| Should make three copies: 1 for judge, 1 for you and 1 for opposing counsel |
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Term
| Trial Notebook- what is it? |
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Definition
| USUALLY A BINDER CONTAINING all info relating to trial |
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Term
| Specifics of trial notebook |
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Definition
After table of contents, there is:
ž1) List of names of parties involved, addresses, phone
ž2) Pleadings listed and copied, discovery but note if large case only complaint and answer – another binder for rest of discovery – why?
ž3) Witnesses – addresses contact info, summary testimony
ž4) Expert W – List all with contact info, CV, publications, times of testimony in past
ž5) Doc index – list of production, all docs unless complex then just list
ž6) Depo summaries – written doc summarizing depo testimony – when used?
ž7) Chronology – time line of events – include prospective facts and disputed facts – p 425
ž8) Cast of Characters – Key participants – not w ? Why?
ž9) Legal research – “on point” law or prior case that directly applies to present case – case summary if long plus copy
ž10) Trial Exhibits – Proposed list – and numbered and list themselves – this will track when exhibit admitted in evidence
ž11) Juror Profiles and Instructions – Jury instructions – directions given to jury … (p426)
ž12) Trial Outline – Chronology of tasks i.e. opening statements – voir dire – preliminary in-court…. (p427)
ž13) Attorney Notes – blank pages to be added
ž14) Things to do – another list that can be modified on the fly
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Term
| Pleadings listed and copied, discovery but note if large case only complaint and answer – another binder for rest of discovery – why? |
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Definition
| Because if it is a complex case, there will be tons of discovery and it will be too much to put in the binder |
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Term
| Depo summaries – written doc summarizing depo testimony – when used? |
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Definition
| Used when cross-exmaining a witness. Since you can cross examine on deposition, you can use it to point out inconsistencies. |
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