Term
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Definition
| A witness creates a fact not in their witness statement, which is material to the case (would impact the case) |
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Definition
| Evidence which is presented is not relevant to the case at hand |
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Term
| Laying a proper foundation |
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Definition
| A witness testifies to something we don't know they could see. |
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Definition
| A witness testifies to something they did not DIRECTLY observe. |
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Term
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Definition
| Evidence about character that is prejudicial or non-relevant. |
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Term
| Speculation / Opinion of Lay Witness (non-expert) |
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Definition
| A witness testifies with subjective information or inferences and opnions. |
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Term
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Definition
| An expert witness doesn't qualify as an expert or they testify to mental state |
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Term
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Definition
| Statements made outside of court by a THIRD party who is not currently testifying |
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Term
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Definition
| A question which suggests a desired answer. |
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Term
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Definition
| One question that has multiple parts. |
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Term
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Definition
| Questioner asks questions that doesn't elicit a fact or which verbally assaults the witness |
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Term
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Definition
| Questioner repeats a question that has already been answered by the witness. |
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Term
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Definition
| Questions which are too broad and not clear. Often use words such as "it". |
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Term
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Definition
| A witness "forgets" testimony, or answers a question with a statement which is not an answer to the question. |
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Term
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Definition
| Re-direct questions which raise issues not raised during cross-examination |
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Term
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Definition
| Questions which ask witnesses to tell a story or make a broad non-specific response. |
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