Term
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Definition
| In-court testimony, of an out-of-court statement, made by someone other than the in-court witness, offered to establish the truth of matters asserted. In establishing X, the question of credibility lies with the out-of-court asserter. |
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Term
| Exceptions to the Hearsay Rule (8) |
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Definition
1. Admissions by the party to the action
2. Declaration against interest (admission by a non-party)
3. Business Entries (Records)
4. Dying Declaration
5. Declaration of bodily symptoms and conditions
6. Declaration of state of mind
7. Declaration of present sense impression
8. Excited utterance |
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Term
| Admissions (Hearsay Exception) |
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Definition
| Statements made by a party to the action that amount to an admission regarding the matter at court |
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Term
| Declaration against interest (Hearsay Exception) |
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Definition
| Admission by, that incriminates or faults, a non-party to the action |
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Term
| Business Entries (Hearsay Exception) |
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Definition
| Records kept in the normal course of business by the person whose job it is to keep such records are considered Hearsay but are admissible. |
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Term
| Dying Declaration (Hearsay Exception) |
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Definition
| A statement made by someone who believes that his own death is imminent. |
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Term
| Declaration of Bodily Symptoms and Conditions (Hearsay Exception) |
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Definition
| A statement made indicating a person's own bodily condition, such as "I feel great." "My stomach hurts." |
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Term
| Declaration of State of Mind (Hearsay Exception) |
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Definition
| A statement of intent regarding the knowledge or intent of the person making the statement. "I'm so mad I'm going to go ver and kill him." |
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Term
| Declaration of Present Sense Impression (Hearsay Exception) |
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Definition
| A statement made immediately before or during an event. "Look at the speeding car!" |
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Term
| Excited Utterance OR spontaneous declaration (Hearsay Exception) |
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Definition
| A statement made immediately after an exciting event, about that event. |
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Term
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Definition
(1) Hostile
(2) Friendly
(3) Neutral
(4) Skeptical
(5) Combination |
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Term
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Definition
| A witness with interests opposite to those of your client |
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Term
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Definition
| A witness who doesn't want to get involved |
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Term
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Definition
| A witness who favors neither side, who has no interest in the outcome |
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Term
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Definition
| A witness with interests aligned with your client |
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Term
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Definition
| A mixture of types of witness (Skeptical and Neutral, e.g) |
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Term
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Definition
| A person who can provide information about a matter at issue |
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Term
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Definition
| A process to find a person whose whereabouts are currently not known |
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Term
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Definition
| A potential witness's legal capacity to testify |
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Term
| Elements of Competency (3) |
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Definition
1. Understanding of the obligation to tell the truth
2. The ability to communicate
3. Knowledge about the topic of testimony |
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Term
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Definition
| The questioning of a witness under oath in a trial, hearing, or deposition |
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Term
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Definition
| The examining of a witness under oath, usually outside the courtroom (in attorney's office, e.g) |
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Term
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Definition
1. Direct
2. Cross
3. Redirect
4. Recross |
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Term
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Definition
| Questioning the witness first, conducted by the party who calls the witness to the stand |
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Term
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Definition
| After direct examination, the other party may X the witness, but must limit himself to the topics brought up under direct questioning |
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Term
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Definition
| The party conducting the direct examination conducts the X to clarify matters brought up during cross. Cannot introduce a new line of questioning. |
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Term
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Definition
| The party conducting the cross examination conducts the X, but is limited to matters brought up during redirect. |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Material collected and created during the investigative process (interview notes, tape recordings, charts, etc.) in anticipation of litigation for the purpose of litigation. Cannot be discovered. |
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Term
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Definition
| A witness who is not named/identified, but whose existence is known. |
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Term
| 5 Tips for Accident Scene Photography |
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Definition
1. Get there quickly
2. Get the big picture (context)
3. Get the small picture (detail)
4. Scale (ruler)
5. Time of day / weather conditions |
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Term
| 3 Sources to seek in Investigation |
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Definition
1. Interviews
2. Observation
3. Documents |
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Term
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Definition
| The right to refuse to testify or to prevent someone else from testifying |
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Term
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Definition
1. Attorney-client
2. Doctor-patient
3. Self-incrimination
4. Governmental information
5. Clergy-penitent (in capacity of spiritual counselor/ing)
6. Spousal |
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Term
| Methods to search land titles (2) |
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Definition
1. County Assessor, search address to get assessor's parcel number
2. County Recorder, use legal description to check for liens and encumbrances |
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Term
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Definition
| Books to create documents, checklists, examples of interrogatories, examination questions, etc. |
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Term
| Types of Witness Statements |
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Definition
1. Written (formal-typed, or informal-handwritten)
2. Audio or Video Recorded (may have transcript. Witness signature makes transcript a formal statement)
3. Court-reporter under oath (transcribed). Like Deposition, but no opposing side present |
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