Bar Exam Latest Update with Verified Solutions

Bar Exam Latest Update with Verified Solutions Voir Dire A preliminary examination of a witness or a juror by a judge or counsel. Any objection that can take place during the preliminary hearing Deposition the process of giving sworn evidence Prosecution the institution and conducting of legal proceedings against someone in respect of a criminal charge Defense the case presented by or on behalf of the party being accused or sued in a lawsuit Recess a period of time when the proceedings of a parliament, committee, court of law, or other official body are temporarily suspended Direct Examination the questioning of a witness by the party that has called that witness to give evidence, in order to support the case that is being made Cross Examination the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility Redirection Examination the second direct examination of a witness after the cross examination ***optional*** Testimony a statement or declaration given under oath Your Honor, Judge, Sir/Madam The way you refer to a judge Yes ma'am/sir The way you must answer yes or no questions "May it please the court, My name is______" What to say when you first address the court (order of court) Depositions 1st event in court (order of court) Judges decide final ruling Final event Objection An act of challenging or disagreeing with something Over-ruled Judges response to an objection that they disagree with Sustained Judges response to an objection they they agree with Hersay This objection challenges a statement made that will require evidence not currently in the courtroom to be proven true Relevance an objection claiming that the information portrayed is irrelevant. Leading Question The other team may not use questions that lead a witness to a desirable answer 403 commonly made along with a relevance objection, this objection backs up the relevance objection by saying if the information is relevant than it has a high prejudicial value. Improper Charatcer an objection stating the person's character (trait) is not able to be used to prove an action Ambigous The question could be taken two ways and may possibly be misunderstood by the witness being questioned Arguminative A question is asked that is meant to persuade the jury and/or judge(s. If a question is asked, but it simply tries to get the witness to agree on an earlier drawn inference, if the question calls for an argument. Narrative Witness answers a question with a story that was unnecessary Non-Responsive A witness answers a question that was not asked or a witness does not answer at all. Assumes facts not evidence A question does this if it presumes unproved facts to be true without proper evidence to support these claims laid out in court. General A question is too general when it permits a witness to answer a question with a testimony that may be irrelevant and have nothing to do with the case Speculative A question is speculative if it invites the witness to speculate. Compound A compound question asks two questions under the framework of one. If a witness was to answer this, it would be unsure as to which question they were talking about Lack of Personal Knoweldge Person does not have the knowledge to answer a certain question Opinion Testimony by non-expert This objection is made when a person can not possibly have the expert knowledge required of a question asked to him or her. Motion an oral or written request made to the court for a ruling or an order on a particular point Before, During, or after a court case When a motion can be made