Term
| What 3 factors of admissibility must a document pass in order to be admitted into evidence? |
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Definition
1. Authentication
2. best evidence rule
3. Hearsay |
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Term
| (document authenticity). Stipulations |
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Definition
| Allows for admissibility of a document w/o objections from either party |
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Term
| (document authenticity) Most common way to authenticate a document? |
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Definition
| Witness testimony of the document being signed. |
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Term
| (document authenticity) Subscribing witnesses |
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Definition
| subscribing witnesses for certain documents such as wills. 2 witnesses will sign in front of an attorney |
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Term
| 4 types of self-authenticated documents |
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Definition
1. documents with a clerks office stamp
2. Newspapers/periodicals
3. official publications by the gov't
4. documents that give legal authority to consent to medical care |
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Term
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Definition
| You must produce the original document when the terms are material. Copies can be used only when it is shown the original is not available for some reason other than the serious fault of the party trying to prove the contents thereof |
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Term
| Where the best evidence rule DOES apply |
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Definition
1. where the writing is a legally dispositive or operative instrument such as a contract, deed, or will.
2. where the knowledge of a witness concerning a fact comes from having read it in a document |
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Term
| Where the best evidence rule DOES NOT apply |
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Definition
1. Issue of whether or not someone paid for goods.
2. Written documents about birthdates, marriage dates, death dates.
3.Prior testimony in court
4. interrogations/confessions.
It all depends on WHERE THE KNOWLEDGE CAME FROM. Did the knowledge about a particular fact come from a document or did it come from something else? |
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Term
| True or False: Written contracts, deeds, and wills are strictly subject to the best evidence rule |
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Definition
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Term
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Definition
| Prevent; exclude; to keep from happening |
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Term
| Is expert testimony allowed in handwriting comparisons? |
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Definition
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Term
| True or False: The best evidence rule would preclude a witness testifying as to his birthday without a birth certificate |
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Definition
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Term
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Definition
| When an agreement is reduced to a writing, that writing becomes the agreement and constitutes the only evidence of it. All prior or contemporary negotiations or agreements are emerged. Parol evidence is not admissible to add to, detract from, or alter in any way."Within the four corners" of the document is all that is relevant to the contract. Keeps people from testifying about any prior or contemporary negotiations leading up to the contract. |
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Term
| True or false: Parol evidence is admissibl to show subsequent (later) modifications of the written contract |
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Definition
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Term
| The parol evidence rule would not preclude the introduction of: |
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Definition
A contemporaneous oral agreement to alter a written agreement. (time element)
Subsequent written agreement to alter a written agreement. |
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Term
| True or false:A witnesses conviction of a crime can be the basis for excluding that witness |
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Definition
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Term
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Definition
| When a person has an interest in receiving something, we do not allow a dead person's statements to be testified about by the living person with the interest. |
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Term
| In what types of cases does the deadman act apply? |
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Definition
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Term
| Scope of x-examination in TN |
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Definition
| WIDE SCOPE. Not limited to the scope of the questions that were asked by the other side. As long as it is RELEVANT. |
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Term
| Stages of examination of witnesses |
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Definition
1. Direct examination by DA
2. Cross-examination by defense
3. Redirect Examination by DA (may only ask questions brought out by the defense)
4. Re-cross by the defense |
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Term
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Definition
| attempting to lead the witness to a desired response when an attorney is questioning a witness that he/she calls under DIRECT EXAMINATION. Usually calls for a yes/no question. |
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Term
| True or false: leading questions do not apply to cross-examination |
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Definition
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Term
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Definition
| A memo can be used to refresh a witnesses memory. Ex. - A doctor uses his patient's file to help him remember what treatment he administered. |
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Term
| Past Recollection Recorded |
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Definition
| When a witness sees a document to help refresh memory but still can't recall what happened, the document can be introduced into evid. by foundation. The document can be read and substituted for the witnesses testimony. |
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Term
| Opinion testimony by laypersons... |
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Definition
| Is generally limited. The opinion must have been rationally based on the perception of the witness and must aid the jury in some way. Ex. - a layperson may testify as to the speed of a moving vehicle. |
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Term
| 2 primary requirements for an expert to give an opinion |
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Definition
1. subject matter must be appropriate. Must be specialized knowledge.
2. Must possess a reasonable probability regarding his/her opinion |
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Term
| How an expert is qualified as an expert... |
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Definition
| Witness must be qualified as an expert. Must possess special knowledge, skill, education, ect. that will qualify them as being an expert. |
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Term
| Opinions of experts must be supported by... |
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Definition
1. factual basis
2. hypothetical question
3. personal knowledge/observation
4. info. outside of court that is commonly relied upon by experts. |
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Term
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Definition
| casting an adverse (untruthfulness) on the credibility of the witness |
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Term
| The main purpose of cross-examination is.... |
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Definition
| To impeach the credibility of the testifying witness to lessen the weight of their testimony |
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Term
| why don't you have to authenticate self-authenticated documents? |
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Definition
| They are presumed to be inherently reliable |
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Term
| Secondary evidence (duplicate of a document) is admissible... |
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Definition
| When there is no controversy as to the authenticity of the duplicate, or the party that proffers it into evidence is not responsible for why the original is unavailable. |
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Term
| True or False:When a witness becomes hostile or uncooperative in the interest of your client, leading questions may be asked |
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Definition
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Term
| Before introducing extrinsic evid. to impeach an adversary witness, you must first lay a foundation that includes... |
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Definition
1. Time
2. Place
3. Audience
4. Subject Matter |
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Term
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Definition
| the other side must get an opportunity to present other parts of a document |
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Term
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Definition
| when you ask a witness to explain a contradiction brought out the opposing attorney |
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Term
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Definition
| preserving evidence for an appeal that was excluded by the trial judge. The party that attempted to proffer the evid. has a right to indicate for the record what the evidence would have shown had the adverse ruling not been issued |
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