Deck 8: Evidence

Question 1

When a judge applies the law to the facts to determine the parties' legal rights and obligations, the judge's determination is called a
.

Answer 1

conclusions of law

Question 2

DEFINE
demonstrative evidence

Answer 2

Tangible evidence that shows facts, in contrast to verbalizing facts. Physical or tangible evidence which can be brought to the courtroom and used to prove a fact or used for illustrative purposes to help a witness to explain his or her testimony. Demonstrative evidence may have been created by the transaction or occurrence in question, or it may be specially prepared by a party for use at trial.

Question 3

DEFINE
parol evidence

Answer 3

Any evidence that would tend to contradict or change a written contract that is fully integrated. A written contract is integrated if it appears to be complete in itself.

Question 4

Two expert witnesses testify, each providing an opinion which appears to contradict that of the other. Consequently:

A) if there is sufficient foundation for each opinion, the jury must decide that one of the two is correct.
B) the jury must ignore both opinions and use their own judgment.
C) if there is sufficient foundation for each opinion, the jury must consider and weigh each opinion along with the other evidence.
D) the jury must ignore both opinions and ask for a mistrial.

Question 5

Testimony is usually based upon:

A) personal knowledge.
B) expert opinion.
C) evidence.
D) the ultimate question of fact.

Question 6

DEFINE
impeachment evidence

Question 7

What factors determine whether a person qualifies as an expert witness?

Question 8

DEFINE
hearsay

Question 9

DEFINE
substantive evidence

Question 10

When a jury applies the law to the facts to determine the parties' rights and obligations, the jury's determination is called a .

Question 11

If a party fails to object to the introduction of evidence, or if the objection is untimely:

A) it is then incumbent upon the trial judge to exclude the evidence.
B) the other party will be barred from objecting to evidence as well.
C) the lawyer should immediately move for a mistrial.
D) the judge usually receives the evidence.

Question 12

When does a party, usually the plaintiff, have the benefit of the res ipsa loquitur doctrine?

Question 13

Describe an accident that would permit the plaintiff to use the res ipsa loquitur doctrine.

Question 14

May a paralegal prepare an evidence summary for use at trial?

Question 15

DEFINE
material fact

Question 16

Give an example of circumstantial evidence.

Question 17

DEFINE
circumstantial evidence

Question 18

DEFINE
illustrative evidence

Question 19

DEFINE
relevant evidence

Question 20

In the absence of an objection, the answer to a leading question will be:

A) received into evidence.
B) stricken by the court.
C) ignored by the jury.
D) viewed as incompetent.

Question 21

Generally speaking, to what may a witness testify?

Question 22

What is the basis for the rule against "parol evidence?"

Question 23

Why is evidence of remedial measures ordinarily not received at trial?

Question 24

When evaluating a client's legal rights and obligations, what should a lawyer consider regarding the evidence in the case?

Question 25

What are "summaries," which parties prepare for use at trial as exhibits?

Question 26

What legal doctrine would the plaintiff's lawyer invoke to establish negligence of the defendant where the defendant accidentally shot the plaintiff at a rifle range?

A) Res judicata.
B) Res ipsa loquitur.
C) Prima facie negligence.
D) Negligence per se.

Question 27

Why are there exceptions to the hearsay rule?

Question 28

What is testimony?

Question 29

What is the rationale underlying the rule that prevents the introduction of evidence of settlement negotiations?

Question 30

What is the purpose of the exclusionary rules of evidence?