Bar Exam 100% Correct

Voir Dire - ANSWER 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 - ANSWER the process of giving sworn evidence Prosecution - ANSWER the institution and conducting of legal proceedings against someone in respect of a criminal charge Defense - ANSWER the case presented by or on behalf of the party being accused or sued in a lawsuit Recess - ANSWER a period of time when the proceedings of a parliament, committee, court of law, or other official body are temporarily suspended Direct Examination - ANSWER 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 - ANSWER the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility Redirection Examination - ANSWER the second direct examination of a witness after the cross examination ***optional*** Testimony - ANSWER a statement or declaration given under oath Your Honor, Judge, Sir/Madam - ANSWER The way you refer to a judge Yes ma'am/sir - ANSWER The way you must answer yes or no questions "May it please the court, My name is______" - ANSWER What to say when you first address the court (order of court) Depositions - ANSWER 1st event in court (order of court) Judges decide final ruling - ANSWER Final event Objection - ANSWER An act of challenging or disagreeing with something Over-ruled - ANSWER Judges response to an objection that they disagree with Sustained - ANSWER Judges response to an objection they they agree with Hersay - ANSWER This objection challenges a statement made that will require evidence not currently in the courtroom to be proven true Relevance - ANSWER an objection claiming that the information portrayed is irrelevant. Leading Question - ANSWER The other team may not use questions that lead a witness to a desirable answer 403 - ANSWER 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 - ANSWER an objection stating the person's character (trait) is not able to be used to prove an action Ambigous - ANSWER The question could be taken two ways and may possibly be misunderstood by the witness being questioned Arguminative - ANSWER 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 - ANSWER Witness answers a question with a story that was unnecessary Non-Responsive - ANSWER A witness answers a question that was not asked or a witness does not answer at all. Assumes facts not evidence - ANSWER A question does this if it presumes unproved facts to be true without proper evidence to support these claims laid out in court. General - ANSWER 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 - ANSWER A question is speculative if it invites the witness to speculate. Compound - ANSWER 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 - ANSWER Person does not have the knowledge to answer a certain question