Term
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Definition
-Witness creates a material fact not included in their record
-it is ok for witnesses to make a logical inference
-material fact= one that would likely impact the case
-sustained, overuled, |
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Term
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Definition
-evidence must be relevant to an issue in the trial
-inadmissable if unfairly predudicial, confuses the issue, or wastes time |
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Term
| Laying a Proper Foundation |
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Definition
-before a witness can testify to certain facts, it must be shown that the witness was in a position to know those facts
-judge asks how evidence relates to case |
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Term
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Definition
-only if witness has directly observed an event may the witness testify about it
-attorney can object if witness has no personal knowledge on the inferred fact |
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Term
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Definition
-Evidence of a person's character or a trait of his or her character is inadmissible when offered to prove his or her conduct on a specified occasion
-adds nothing to crucial issue of the case |
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Term
| Speculation/opinion of Lay Witness |
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Definition
-opinion includes references and other subjective statements of a witness
-lay witness opinion testimony is inadmissable.
-is admissable if based on 5 senses or common experiences |
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Term
| Expert Witness and Opinion Testimony |
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Definition
-expert witness may give an opinion based on professional experience
-expert may not state an opinion as to whether the defendent did or did not have a mental state in issue |
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Term
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Definition
| -evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter |
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