Authentication and the best evidence rule Bar Exam Flashcards - Medical Study Cards
Master Authentication and the best evidence rule with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Authentication and the best evidence rule Flashcard Deck - 10 Cards
Flashcard 1: What are the limits on closing argument?
Answer: Closing argument may discuss admitted evidence and reasonable inferences, but counsel may not introduce new evidence, misstate the law, or appeal improperly to passion or prejudice. The court has discretion to control argument and remedy improper remarks.
Flashcard 2: What authority does a trial judge have to question witnesses or allow juror questions?
Answer: Under the majority federal rule, the judge may call and question witnesses, and may allow jurors to submit questions through the court, subject to evidentiary rules and the parties’ opportunity to object. The judge must remain impartial and may not assume the role of an advocate.
Flashcard 3: What is the proper role of an opening statement?
Answer: An opening statement is a preview of the evidence counsel reasonably expects to present, not an argument or evidence itself. Counsel may not assert facts that lack a good-faith basis or improperly refer to inadmissible matters.
Flashcard 4: What is the usual scope of redirect examination and recross-examination?
Answer: Redirect generally addresses matters raised on cross-examination, while recross generally addresses matters raised on redirect. The court may permit broader questioning in its discretion, subject to relevance and other evidentiary limits.
Flashcard 5: How are demonstrative aids treated when used during testimony?
Answer: A demonstrative aid, such as a diagram or model, must be relevant and adequately authenticated as a fair and accurate aid to understanding the testimony. It is not substantive evidence unless the court admits it for that purpose.
Flashcard 6: What is an offer of proof, and when is it required?
Answer: An offer of proof informs the court of the substance and relevance of excluded evidence and preserves the issue for appellate review. It is required unless the substance of the evidence is apparent from the context or the court has otherwise made a clear ruling.
Flashcard 7: When are leading questions permitted under the Federal Rules?
Answer: Under FRE 611(c), leading questions ordinarily are permitted on cross-examination but generally not on direct examination, except as needed to develop testimony or when examining a hostile, adverse, or identified adverse-party witness.
Flashcard 8: What is the permissible scope of cross-examination under the majority federal rule?
Answer: Under FRE 611(b), cross-examination ordinarily is limited to the subject matter of direct examination and credibility, although the court may allow inquiry into additional matters in its discretion.
Flashcard 9: What factors guide a court’s control over the mode and order of presenting evidence?
Answer: Under FRE 611(a), the court should exercise reasonable control to make procedures effective for determining the truth, avoid wasting time, and protect witnesses from harassment or undue embarrassment.
Flashcard 10: When must the court exclude witnesses from the courtroom, and who is exempt?
Answer: Under FRE 615, on a party’s request the court must order witnesses excluded so they cannot hear other testimony, except for a party who is a natural person, a designated party representative, a person whose presence is essential to presenting a claim or defense, or a person authorized by statute to be present.
Keywords: Authentication and the best evidence rule flashcards, medical flashcards, NEET PG preparation, USMLE Step 1 flashcards, Anki alternative, spaced repetition medical, Oncourse flashcards
