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Definition
| you must have personal knowledge to testify |
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Definition
| the method of questioning is controlled by the judge |
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Definition
| generally you exclude witnesses during the testimony of others to avoid contamination |
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Definition
| when the nature of the question itself offers underlying assumptions or suggests an answer |
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Term
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Definition
| the rule controlling the use of written material to refresh memory, mandates discovery. Used to refresh memory and offer testimony about forgotten detail |
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Definition
| generally inadmissible in NC |
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Term
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Definition
| allows impeachment of any witness |
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Definition
| admission of hearsay recorded when the declarant had a fresh memory of the event and made accurate record of such memory |
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Term
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Definition
| evidence of character and conduct can be shown by the admission of character evidence |
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Definition
| to attach credibility can offer evidence of past conviction of felony less than ten years old |
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Term
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Definition
| admission of prior inconsistent statements to attack the credibility of a witness, but not to show past statements were true or false |
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Definition
| a protection afforded to certain relationships which renders testimony either incompetent or not compellable |
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Term
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Definition
| existence is generally not protected, but source can be |
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Term
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Definition
| physician/patient is limited to just medical information necessary for treatment |
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Definition
clergy/penitent is incompetent but must meet four standards
1. communicated to clergy
2. professional communication
3. necessary in religion
4. done for religious guidance |
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Term
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Definition
| 5th amendment guarantee. perhaps more liberal in NC |
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Term
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Definition
| NO 1st amendment sheild-only limited privilege |
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Term
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Definition
| opinion testimony by lay witness is limited |
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Term
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Definition
| Opinion testimony by expert witnesses and the restrictions |
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Term
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Definition
| must disclose evidence underlying an expert opinion |
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Term
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Definition
| defines hearsay as an out of court statement offered for the proof of the matter at hand |
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Term
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Definition
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Term
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Definition
| offers 24 exceptions to the hearsay rule |
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Term
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Definition
| a spontaneous statement by, because of and about traumatic event |
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Term
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Definition
| dead, physically or mentally unavailable, not merely inconvenient |
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Term
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Definition
| statement made in anticipation of immediate death, concerning circumstances leading up to the death |
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Term
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Definition
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Term
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Definition
| anything created by words, letters, figures of marks that represent some aspect of reality |
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Term
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Definition
| requires authentication of evidence that is written before admission |
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Term
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Definition
| authentication of evidence |
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Term
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Definition
| best evidence rule-preference for original document when offered to proof content of same |
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Term
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Definition
| duplicates are admissible if accuracy is not an issue |
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Term
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Definition
| if documents destroyed copies admissible |
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Term
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Definition
| Admissibility of summaries |
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