Evidence Chapts 10-14

Card Set Information

Evidence Chapts 10-14
2010-04-26 16:22:41

evidence final
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  1. judgement or conclusion made based on impressions, perceptions, or (in case of experts) special skills and knowledge
  2. an ordinary (non-expert) witness with no special training or expertise in the matter testified about who is providing testimony from personal knowledge
    lay witness
  3. a witness qualified by specialized skills or knowledge whose testimony or opinion can assist the trier of fact to better understand evidence in issue
    expert witness
  4. the reason for or element of a legal action, usually pertaining to the guilt of a criminal action defendant or liablilty of a civil action defendent
    ultimate issue
  5. role of the trial judge in ensuring relevance and reliability of scientific evidence
  6. evidence that has a scientific or highly technical basis, which requires an expert witness with specialized knowledge to help others understand it
    scientific evidence and testing
  7. a statement made by a witness prior to testifying in court
    prior statement by witness
  8. person who makes a statement
  9. any range of thoughts, emotions, motions, or mental condition underlying a statement made
    state of mind
  10. a statement relating to a startling event or condition made while declarent was under the stress of excitement caused by the event or condition
    excited utterance/spontaneous declaration
  11. someone officially designated at a business or public agency to oversee and maintain records
    custodian of the records
  12. evidence that supports or strengthens other evidence
    corroborating evidence
  13. a statement by a person that believes his/her death is imminent
    dying declaration
  14. a rule of law that allows a witness to refuse to give testimony or allows the holder of the privilege the right to prevent someone else from testifying on the same matter
  15. the person for whom the law intended the privilege to protect. for example, in the attorney-client privilege, the client is the holder. in the doctor-patient privilege, the patient is the holder
    holder of the privilege
  16. laws passed by legislature
    statutory law
  17. a privilege based on the 5th amendment, which protects an individual against being compelled in any criminal case to be a witness against herself or testify to anything that might incriminate her
    privilege against self-incrimination
  18. landmark U.S. Supreme court case providing a suspect in a criminal case the right to remain silent during custodial interrogation
    miranda rule
  19. if a criminal defendant chooses not to testify, the prosecutor can't mention or make any comment about this refusal
    no comment rule
  20. materials prepared by attorneys in anticipation of trial or litigation
    work products
  21. evidence that is viewed in camera is examined privately by judge in chambers
    in camera