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| In _____ _____ counsel outline what they intend to prove during the course of the trial; In a civil action, the c.r. is not required to record it unless directed, but in felony cases, they are recorded. |
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| kept separate and not allowed to hear one another's testimony during the trial |
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| when witnesses are sequestered during a trial to prevent collusion in their testimony, it is called ... |
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| first questioning of a witness by the attorney who called the witness on behalf of the attorney's client; leading questions not allowed; and those that call for opinions or conclusions, hearsay evidence, narrative answers, compound, repetitive, argumentative, or ambiguous or those that assume facts not in evidence |
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| question of a witness by opposing counsel after the direct examination. Object is to develop further facts from the evidence given on direct examination, to test its truth, and to rebut it where possible. Leading questions are permitted, but not misleading, compound, argumentative, call for opinions or conclusions, or that assume facts not in evidence. |
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| colloquy (derived from colloquium) |
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| means a conversation; discussion between the judge and counsel and opposing counsel during a depo or trial; any time conferences and conversation interrupt the questions and answers |
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| an opinion expressed by the judge that is not necessary in deciding the question before the court; not a binding precedent; a court decision is |
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| means by the way or in passing; when a judge expresses an opinion not related to the question before the court; will not constitute a binding precedent |
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| a witness who is openly prejudiced against and unfriendly toward the party who called him or her to testify in a case; may be cross-examined by the party who called him to testify; unless the witness is a _____ witness, leading questions not permissible on direct examination |
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| person who has acquired special skill and knowledge. Opinions are admissible when limited to matters within that person's field of expertise; called to testify on ballistics, fingerprints, causes of death, drugs and their effects, narcotics, and identification of physical evidence |
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| question asked of an expert witness, setting up a set of facts assumed to have been proven, paralleling the issues of the case at hand, and asking the expert witness to state an opinion regarding those facts. |
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| an expression of opposition; a declaration to the effect that a question is not appropriate or that evidence is not acceptable before the court |
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| formal expression of disapproval of an action of the court; may be taken to amount of bail set by the court, wording of judge's charge to jury, or rulings of the court. |
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| to refuse to grant, or to reject by subsequent action or decision |
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| maintain, support, keep in existence, or prolong. |
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| expunge (from Latin word expungere) |
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| to blot out or erase; destroy or obliterate; strike out wholly |
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| impeach (from Latin word impedicare) |
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| In Latin, to catch; to entangle. To call into question the reliability of a witness or of a piece of evidence, such as a commercial paper; to challenge or discredit a person's honor or reputation; to proceed against a public officer for a crime or misfeasance. |
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| the citing of proof that a witness's testimony in a lawsuit is unworthy of belief |
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| ____ of authorities are given in arguments to the court to establish or fortify points of law; used to support briefs and courtroom arguments; abbreviated when printed in legal papers using them as an authority in law |
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| any object, thing, or paper offered in evidence, marked for identification during a deposition, hearing, or trial; any evidence in the form of a physical object or paper produced in court |
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| final argument (or closing argument) |
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| also called summation to the jury because counsel will sum up what they believe they have proven during the course of the trial; not evidence; plaintiff's attorney normally presents last |
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| judge's review of the applicable law the jury must follow when they retire to deliberate upon their verdict; also know as jury instructions |
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| lecture given by a judge to a jury that is having trouble agreeing on a verdict; judge urges the minority to try and agree; also called an Allen charge, first approved in the case of Allen v. United States; prevent a costly mistrial |
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| must be met by the plaintiff by proving one or more of the material facts alleged in the complaint; proof equal to a preponderance of the evidence |
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| Latin word meaning burden; to refer to a weight or load in legal terminology; an incumbrance or responsibility |
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| Latin term meaning the burden of proof; the burden of proving what is alleged; duty of satisfying the jury by the greater weight or perponderance of the evidence, is upon the plaintiff |
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| verdict (Latin word vere) |
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| meaning truly plus dictum, meaning a thing said; the formal finding of a jury; the decision or judgment of a jury |
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| given by the court to the jury in its favor because the evidence doesn't support the other side of the case |
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| notwithstanding the verdict; when a verdict is set aside by the court, and a new judgment is entered by the judge; abbreviated judgment n.o.v. |
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| a person who is found by due process to have violated the law is found ____. Convicted of a crime by a jury verdict. |
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| Questioning the jury members one by one to confirm the verdict of each one. |
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| petit jury that cannot agree upon a verdict; judge can bar or allow a retrial of a defendant |
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