Exam 8: Evidence

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DEFINE -circumstantial evidence

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Indirect proof that depends upon principles of logic and common experience to prove a fact. A fact is proved by circumstantial evidence when it is inferred from the existence of other facts that have been shown to exist. For example, from proof that the defendant's fingerprint is on a drinking glass, the jury may infer that the defendant previously held the glass.

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

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Courts want parties to discuss their differences and to settle their controver- sies without having to go through a trial, if possible. If parties had to labor under the fear that their efforts to compromise would be used against them, negotiations would be sharply curtailed, if not impossible.

DEFINE -demonstrative evidence

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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.

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

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Testimony is usually based upon:

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What is testimony?

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

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DEFINE -relevant evidence

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

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

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DEFINE -impeachment evidence

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

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

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DEFINE -material fact

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

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What is the purpose of the exclusionary rules of evidence?

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

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Give an example of circumstantial evidence.

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Generally speaking, to what may a witness testify?

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DEFINE -hearsay

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