Term
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Definition
| Counsel is asking the witness to speculate in order to answer the question. |
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Term
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Definition
| Counsel is seeking to introduce an exhibit or document or present legal testimony that creates a material fact outside the record in this case. |
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Term
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Definition
| Questions designed to elicit the same testimony or evidence previously presented in its entirety are improper if merely offer as repitition of the same testimony or evidence from the same or similar source. |
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Term
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Definition
| A witness' answer is objectionable if it fails to respond to the question asked. |
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Term
| Assuming facts not in evidence |
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Definition
| attorneys may not ask a question that assumes untrue facts. However, expert witnesses may answer hypothetical questions. |
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Term
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Definition
| attorneys shall not ask argumentative questions however, the court may in its discretion allow the limited use of argumentative questions on cross x. |
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Term
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Definition
| Attorneys should lay a proper foundation prior to moving the admission of evidence or asking a witness for their expert or lay opinion. |
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Term
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Definition
| Opposing counsel is seeking advice from Satan |
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Term
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Definition
| The WI high school mock trial federal rules of evidence govern the trial proceedings of the WI high school mock trial tournament. |
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Term
Rule 402 Relevant Evidence Admissable/ Irrelavent evidence NOT admissable
or "Relevance" |
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Definition
| All relevant evidence is admissable, except otherwise provided in these rules. Irrelevant evidence is NOT admissable |
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Term
| Rule 403. Prejudice vs. Probative value |
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Definition
| Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, if it confuses the issue, if it is misleading, or if it causes undue delay , wastes time, or is a needless presentation or cumulative evidence. |
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Term
Rule 404. Character evidence NOT admissable
Part A section 1 |
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Definition
| Character of the accused- evidence of a pertenent character trait offered by an accused or by the prosecution to rebut the same; |
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Term
| Rule 405. Methods of Proving Character (a). reputation or opinion |
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Definition
In all cases where evidence of character or a character trait is admissible, proof may be made by testimony as to reputation, or in the form of an opinion. on cross-x,
?s may be asked regarding relevant, specific conduct. |
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Term
| Rule 405 (b) specific instances of conduct |
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Definition
| In cases where character or a character trait is an essential element fo a charge, claim, or defense, proof may also be made ofspecific instances of that person's conduct. |
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Term
| Rule 406. Habit; Routine Practice. (1) Admissibility |
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Definition
| Evidence of the habit of a person or the routine practice of an organization, whether corroborated or not and regardless of presece of eyewitnesses, is relevant to prove that the conduct of the person was in conformity with the habit or routine practice. |
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Term
| Rule 406 Habit; Routine Practicce (2) Method of proof |
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Definition
| Habit or routine practicce may be proved by testimony in the form of an opinion or by specific instances of conduct... |
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Term
| Rule 608 Evidence of Character and Conduct of Witness (B) Specific instances of conduct |
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Definition
| Specific instances of the conduct of a witness, for the purpose of attacking or supporting teh witness's credibility, other than the conviction of crime as in rule 609, may not be proved by extrinsic evidence. |
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Term
| Rule 702. Testimony by experts |
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Definition
| In scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in the form of an opnion or otherwise. |
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Term
| Rule 611 Mode and Order of Interrogation and Presentation (c) leading |
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Definition
| Leading ?s shoudnt be used on direct x of a witness (xcept to dvelop the witness's testimony)... ?s are permitted on c-x. |
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Term
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Definition
| Hearsay is not admissible, except as provided by these rules. |
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Term
| Rule 803 hearsay exceptions (1) present sense impression |
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Definition
| a statement describing or explaining an event or condition made while the declarant was percieiving the event or condition, or immediately thereafter. |
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Term
| Rule 803 hearsay exceptions (2) excited utterance |
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Definition
| a statement relating to a startlingevent or condition made while the declarant was under the stres of excitement caused by teh event or condition. |
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