Term
|
Definition
| Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention |
|
|
Term
|
Definition
| The effect of evidence; the establishment of a fact by evidence |
|
|
Term
| Define Witness (in general). |
|
Definition
| In general, one who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness. One who testifies to what he has seen, heard, or otherwise observed |
|
|
Term
|
Definition
| (In the law of evidence),the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. |
|
|
Term
|
Definition
| A rule of law, statutory or judicial, by which finding of basic fact gives rise to existence of presumed fact, until presumption is rebutted |
|
|
Term
|
Definition
| (In the law of evidence), a truth or proposition drawn from another which is supposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be established is deduced as a logical consequence from other facts, or a state of facts, already proved or admitted |
|
|
Term
|
Definition
| The congnizance (knowledge) of certain facts or laws which judges and jurors may properly take and act upon without proof, becuase they already know them, or the facts may be accurately and readily determined from sources not reasonably questioned |
|
|
Term
|
Definition
| Evidence given by a competent witness under oath or affirmation; as distinguished from evidence from writings, and other sources |
|
|
Term
| What is the main difference to understand between Presumption and Inference? |
|
Definition
| Presumption is mandatory whereas Inference is not mandatory |
|
|
Term
| What is the main purpose of "Rules of Evidence"? |
|
Definition
| To make possible a fair and impartial trial |
|
|
Term
| Whose duty is it to attend court and give testimony when properly summoned? |
|
Definition
| Everyone who is a citizen |
|
|
Term
| How would the court go about making a witness attend a trial/hearing? |
|
Definition
| By the issuance and service of a subpoena |
|
|
Term
| Should a witness fail to obey a subpoena, what is the most likely punishment? |
|
Definition
| Contempt of Court Proceedings |
|
|
Term
| What are the 3 criteria necessary for an ordinary witness to be competent to testify at any trial? |
|
Definition
- Must have been in a position to observe what he/she will testify to (first hand knowledge)
- Must have the present ability to recall and recount (remember and say)
- Must understand the significance of the oath
|
|
|
Term
| The principal means by which believability of a witness and the truth of his testimony are tested, is also known as what? |
|
Definition
|
|
Term
| What is the general purpose of Cross-Examination? |
|
Definition
| To probe the witness's firsthand knowledge and ability to recall and recount |
|
|
Term
| True/False: Cross-Examination is a mere privilege, and not a constitutional right within the scope of the Sixth Amendment. |
|
Definition
|
|
Term
| True/False: Cross-Examination is recognized as one of the strongest safeguards to accuracy. |
|
Definition
|
|
Term
| What gives the opposing party the right and opportunity to show the true situation of the witness with respect to the parties, the subject of the litigation, also to disclose his true interests, inclinations, and prejudices? |
|
Definition
|
|
Term
| What are "Leading" quesitons? |
|
Definition
| Those that suggest a desired answer |
|
|
Term
| What is the harm of leading questions? |
|
Definition
| The person asking the question is the one testifying and not the person under oath |
|
|
Term
| True/False: Leading questions are allowed during direct examination. |
|
Definition
|
|
Term
| True/False: Leading questions are allowed during cross-examination. |
|
Definition
|
|
Term
|
Definition
| Witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise |
|
|
Term
| What is sequestration of witnesses? |
|
Definition
| Practice of excluding witnesses from the courtroom prior to giving their testimony |
|
|
Term
| What is the purpose of sequestration of witnesses? |
|
Definition
| Prevent witnesses from shaping their testimony to agree with a consistent pattern, or to prevent their testimony from being influenced by that of the others |
|
|
Term
| True/False: Sequestration of Witnesses is at the discretion of the trial judge. |
|
Definition
|
|
Term
|
Definition
| Evidence that directly proves a fact, without resorting to inferences or presumptions |
|
|
Term
| What is Circumstantial Evidence? |
|
Definition
| Evidence which tends to establish the fact in dispute by proving another fact |
|
|
Term
| What is "Corpus Delicti" of a crime? |
|
Definition
| The body or substance of the crime charged |
|
|
Term
| What is the idea behind "Corpus Delicti Aliunde"? |
|
Definition
| A conviction cannot be had on a confession unless corroborated by proof from another source of the body or substance of the crime charged |
|
|
Term
| If the State can produce no evidence to prove the "corpus delicti", the defendant is entitled to what? |
|
Definition
| A directed verdict of not guilty |
|
|
Term
|
Definition
| Physical objects such as guns, fingerprints, tire tracks, etc. |
|
|
Term
| What is Testimonial Evidence? |
|
Definition
| Sworn statements by witnesses in court |
|
|
Term
| What is Documentary Evidence or Writings? |
|
Definition
| Any written certified record, such as a drivers record |
|
|
Term
| What is "Relevant Evidence" |
|
Definition
| Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without evidence |
|
|
Term
| True/False: Evidence which is not relevant is still admissible. |
|
Definition
|
|
Term
| What is Unfair prejudice? |
|
Definition
| An undue tendency to suggest a decision on an improper basis, commonly, though not necessarily, an emotional one |
|
|
Term
|
Definition
| The evidence makes the facts more probable or less probable than without the evidence |
|
|
Term
| What is Material Evidence? |
|
Definition
| Evidence that relates to the existence of facts that are of consequence to the determination of the action |
|
|
Term
| What is Competent evidence? |
|
Definition
| Evidence that is generally admissible because it is duly qualified, answeres all requirements, has sufficient authority, and possesses the natural or legal qualifications to be admitted in court |
|
|
Term
|
Definition
| The value the jury assigns to the particular piece of evidence in reaching its verdict |
|
|
Term
| Define Privilege, as applied in the rules of evidence. |
|
Definition
| The right to have certain matters barred from disclosure |
|
|
Term
| Provide some common examples of confidential communications that are entitled to Privilege. |
|
Definition
- Lawyer and client
- Husband and wife
- Confessor and priest
- State and informant
- Self-Incrimination
- Newsperson and source
|
|
|
Term
| Name a common example of confidential communication that is entitled to privilege in most states but not in South Carolina. |
|
Definition
|
|
Term
| While discovering evidence, the State discovers a piece of evidence that is favorable to the defendant. What must the State do with this evidence? |
|
Definition
| Disclose the evidence to the Defense |
|
|
Term
| What is Hearsay, at it relates to evidence at trial? |
|
Definition
| A statement, other than one made be the declarant while testifying at the trial or hearing, offered into evidence to prove the truth of the matter asserted |
|
|
Term
| The State wants to introduce a conversation, between an eye witness and the defendant, into evidence for the sole purpose to show the judge or jury that the converstation took place. Would the conversation be considered hearsay? |
|
Definition
| No, becuase the State is not trying to prove the content true but merely to show the conversation took place |
|
|
Term
| The State wants to introduce into evidence an written confession by the defendant that clearly implicates the defendant to the charges, was written on his on free will, and was written by the defendant himself. Will this written statement be considered hearsay? |
|
Definition
| No, it's the defendant's own statement, against himself, and of his on free will |
|
|
