evidence

When a lawyer is unnecessarily hostile to, combatative with or harrassing a witness.  For example "Do you really expect the jury to believe that?" or "WHERE WERE YOU ON THE NIGHT OF FOURTH?  WHERE?  HUH?  ROBBING A BANK?"

Badgering a witness is grounds for objection.

Definition

Statistical tables that display the life expectancies of people based on certain characteristics such as age, gender, family

Standard used to determine the admissibility of an expert's scientific testimony, established in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). A court applying the Frye standard must determine whether or not the method by which that evidence was obtained was generally accepted by experts in the particular field in which it belongs.

Standard used by a trial judge to make a preliminary assessment of whether an expert’s scientific testimony is based on reasoning or methodology that is scientifically valid and can properly be applied to the facts at issue.

Under the Federal Rules of Evidence, Rule 803(6) establishes an exception to the hearsay rule. Under this rule, a party could admit any records of a business (1) that were made in the regular course of business; (2) that the business has a regular practice to make such records; (3) that were made at or near the time of the recorded event; and (4) that contain information transmitted by a person with knowledge of the information within the document.
 

Under the Federal Rules of Evidence, the former testimony exception to the hearsay rule allows former testimony of a witness in one proceeding involving the same issue and same parties to be admissible in a second proceeding, provided that (1) there is a meaningful opportunity to cross examine or to develop the testimony since it was given live in the first proceeding; and (2) the declarant is unavailable to testify in the second proceeding.

Under the Federal Rules of Evidence, a statement made by a declarant that normally qualifies as hearsay and would therefore not be admissible can be admitted under the forfeiture by wrongdoing exception to the hearsay rule. Forfeiture by wrongdoing occurs when a party intentionally or wrongfully makes the declarant unavailable to testify. The party who wants hearsay evidence admitted under this exception must prove the opposing party’s wrongdoing by a preponderance of the evidence.
 

Under the Federal Rules of Evidence, a present sense impression is defined as a statement that describes an event while it was occurring or immediately thereafter. A statement that qualifies as a present sense impression is admissible as an exception to the hearsay rule.
 

Under the Federal Rules of Evidence, confidential communications between two married spouses are privileged. This privilege may be waived by the consent of both spouses.

Under the Federal Rules of Evidence, in a criminal case the prosecution cannot compel the defendant's spouse to testify against him. This privilege only applies if the defendant and the spouse witness are currently married at the time of the prosecution. Additionally, this privilege may be waived by the witness spouse if he or she would like to testify.