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PS 317 > Second Test > Flashcards

Second Test Flashcards

1
Q

What governs evidence in federal courts?

A

Federal Rules of Evidence

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2
Q

How many basic types of evidence are there?

A

4

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3
Q

What is a testimony?

A

Oral questioning under oath by a competent witness

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4
Q

What defines a lay witness?

A

A witness who gives a testimony about a subject he has personal knowledge of

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5
Q

What defines an expert witness?

A

A witness who testifies about conclusions that may be drawn based on her expertise

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6
Q

Federal rule of evidence 601 provides what?

A

The General Rule of Competency

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7
Q

FRE 701 defines what?

A

Opinions and expert testimony

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8
Q

FRE 702 governs what?

A

Testimony by experts

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9
Q

What is an exhibit?

A

A physical piece of evidence that is offered to the court for examination

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10
Q

How many types of exhibits are there?

A

3

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11
Q

What is actual evidence?

A

Tangible items that could be admitted into evidence on basis of a motion

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12
Q

What is documentary evidence?

A

Type of actual evidence that can include writings

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13
Q

What is demonstrative evidence?

A

Type of actual evidence that is created for use in court (diagrams/photographs)

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14
Q

What does FRE 1001 define?

A

Contents of writings, recordings, and photographs

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15
Q

True or false: a duplicate cannot be defined as an original, even if it accurately reproduces the original

A

False

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16
Q

What are stipulations?

A

Undisputed facts which the parties have agreed upon through their lawyers

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17
Q

What is judicial notice?

A

An action taken by the court when it believes that the information is common knowledge or public record

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18
Q

Which is more common: direct or circumstantial evidence?

A

Circumstantial

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19
Q

Direct evidence essentially does what?

A

proves a point

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20
Q

Circumstantial evidence is used for what?

A

Drawing inferences

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21
Q

What is relevancy?

A

the standard by which testimony or physical evidence is evaluated

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22
Q

What are the two prongs to the relevancy test?

A

1- Whether the evidence tends to prove or disprove a fact of consequence
2- Whether the evidence should be withheld from the jury because it is confusing or unduly prejudicial

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23
Q

What does FRE 402 state?

A

Relevant evidence is generally admissible; irrelevant evidence is inadmissible

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24
Q

What is impeachment in a court setting?

A

a technique used to attack a witness’ credibility

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25
Q

What are the most common attributes used to discredit a witness?

A
  • Personal bias
  • Prior inconsistent statements
  • Prior convictions
  • Character for untruthfulness
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26
Q

What does FRE 607 say about who can impeach?

A

Any party can impeach, including the one calling the witness

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27
Q

What does FRE 608 control?

A

How to present evidence or character and conduct of a witness

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28
Q

What does FRE 801 define?

A

Hearsay

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29
Q

What is hearsay?

A

A statement made while the other speaker is not in court and not under oath, but is offered to prove the truth of a statement

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30
Q

True or false: Hearsay can be admissible evidence, thanks to over 20 exceptions

A

True

31
Q

True or false: FRE 801 (c) defines hearsay. FRE 801 (d) defines what is not hearsay

A

True

32
Q

FRE 803 and 804 provide what?

A

over 20 exceptions to the hearsay rule

33
Q

Having the actual speaker come into court gives the attorneys the opportunity to do what?

A

Scrutinize the testimony

34
Q

Laws are categorized according to their sources as either:

A

Constitutional law or case law

35
Q

The Constitution has how many articles and how many amendments?

A

7 Articles, 27 amendments

36
Q

Stare Decisis is limited in what two ways?

A
  • Only applies between higher and lower courts

- only applies to decisions within the legal system from which they came

37
Q

What are statutes at large?

A

laws enacted by legislature that are published in the order that they are passed

38
Q

What is a code?

A

A topical organization of statutes

39
Q

When drafted, a proposal is called what?

A

A bill

40
Q

Tax bills must originate from where?

A

The House

41
Q

What are executive options?

A

The President’s power to sign/approve the bill or veto it

42
Q

If the Congress is adjourned, and the President does nothing with the bill, what happens?

A

Pocket veto

43
Q

True or false: a 2/3 majority of each house is required to override a presidential veto

A

True

44
Q

In the states, statutory law may be created through voter process, called what?

A

Initiative

45
Q

Sponsors take their proposal to the general public as what?

A

a petition

46
Q

Some laws initiated in state legislatures may need voter approval, called what?

A

Referendum

47
Q

What is the process of locating, digesting, and understanding the law on a particular topic?

A

Legal Research

48
Q

What constitutes a primary source in legal collections?

A

Constitutions, statutes, rules/regulations, case law

49
Q

What constitutes a secondary source in legal collections?

A

Dictionaries, encyclopedias, periodicals, digests, citations

50
Q

What are the three steps to doing legal research?

A
  • Know the facts
  • Analyze the facts
  • identify the issues
51
Q

Facts may be what?

A
  • Relevant
  • Explanatory
  • Unnecessary
52
Q

Finding tools are secondary sources that contain what?

A

Annotations

53
Q

What is a law review?

A

An in-depth coverage of a specific legal issue or case, published by a law school

54
Q

What is a treatise?

A

Books that review a specific field of law, often called a hornbook

55
Q

What is a digest?

A

Sets of books that provide an index to reported cases arranged by subject with a brief of summary cases

56
Q

What are reporters (case law)?

A

Cases collected in sets of books

57
Q

Who provides Lexis-Nexis?

A

Reed Elsevier

58
Q

Who provides Westlaw?

A

West Publishing Company

59
Q

Cases decided by federal courts are published in what?

A

Federal Reporters

60
Q

What are the United States Reports?

A

Official publication of supreme court cases that is published by the federal government

61
Q

What is the Supreme Court Reporter?

A

An unofficial publication of all supreme court cases, published by west publishing company

62
Q

What is the lawyer’s edition?

A

An unofficial publication of all Supreme Court cases, published by Lexis-Law

63
Q

Opinions of US Courts of appeals appear in the what?

A

Federal Reporter

64
Q

Cases from US district courts appear in the what?

A

Federal Supplement

65
Q

What are the seven regional reporters?

A
  • Atlantic
  • Northeastern
  • Northwestern
  • Pacific
  • Southeastern
  • Southern
  • Southwestern
66
Q

What is a case brief?

A

A short summary of a published case

67
Q

Judicial history, facts, issues, rules, analysis, conclusion are parts of what?

A

A case brief

68
Q

Citing legal authorities follows what style?

A

Bluebook style

69
Q

What is a concurring opinion?

A

Separate opinion that agrees with the majority opinion, but with different reasoning

70
Q

What is a dissenting opinion?

A

Disagreement with majority opinion

71
Q

What is an informal, interoffice document written to communicate the results of legal research and subsequent legal analysis called?

A

A legal memorandum

72
Q

What are point headings?

A

Headings at the beginning of each section in a memorandum that guide the reader through it

73
Q

True or false: a legal memo should have a statement of facts and a conclusion/answer bank

A

True

PS 317 (5 decks)

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