Foundation | The Form of the Question | Relevance | Objection! | Past Recipients of USF's Professor of the Year |
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What are competency and personal knowledge?
A lay witness needs these two things to have foundation to testify.
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What is the deposition?
Objections to the form of the question at trial are waived if the opposing attorney does not previously object to them at this proceeding.
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What is relevance?
This is "The Real."
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Objection, Calls for narrative.
On direct, the attorney asks the witness, "Take me through what you did, step by step."
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What is UC Santa Barbara?
Professor Arns attended this reputable, established undergraduate institution.
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What is authenticated?
Every piece of physical evidence and every piece of writing must be this to be admissible.
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What is privileged testimony?
Along with objections to the form, this type of testimony can also be waived at trial if not objected to during the deposition.
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What is any disputed fact?
Relevant evidence has any tendency to prove or disprove this.
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Objection, Harassing/insulting the witness or argumentative
https://www.youtube.com/watch?v=h9AqbDtSFNU
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What is baseball?
Professor Brandi played this sport while an undergraduate student at San Jose State University.
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What is judicial notice?
You can ask the court to take this of universally known facts.
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What is preliminary matters, non controversial undisputed facts, topic transition, examination of possible adverse W, when W has poor communication skills, when examining an expert.
Leading questions are permitted on direct if this.
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What is CEC 210?
Relevant evidence is defined under this California Evidence Code section.
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Objection, Improper impeachment
https://www.youtube.com/watch?v=qSHP8RdahYc#t=44s
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What is Special Education Teacher?
This is the profession of Professor Arns’ wife.
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What are: 1) subject beyond common experience; 2) has appropriate qualifications; and 3) opinion based on reliable (but not necessarily admissible) evidence
And expert needs these three things to give an opinion in a given subject area. (CEC 801)
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What is (1) I move to strike the answer 2) “would you please admonish the jury to disregard the statement and 3) your honor, please instruct the W not to give narrative answer or just answer the question posed)
After objecting “unresponsive” to a narrating witness, the attorney should ask the court to do this.
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What is legal relevance? (CEC 352)
Logical relevance can be distinguished from this.
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Objection, Leading.
On direct examination in a medical malpractice case, the attorney asks a family member of the plaintiff, "Was Jimmy John in extreme pain after the surgery?"
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What is St. Ignatius?
This is the high school Tom Brandi attended.
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What is 1) general acceptance of a new method within the relevant scientific community; 2) established by properly qualified expert; or 3) proper scientific procedures followed in particular case
An opponent may object as to the foundation of an expert opinion using the Kelly Rule if any of the following three things is not met.
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What is cumulative usually relates to two witnesses testifying about the exact same matter.
"Cumulative" is different from "asked and answered" because this.
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What is evidence relevant to the credibility of a witness or hearsay declarant?
Evidence is relevant if it has any tendency to prove or disprove a disputed fact or this.
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Objection, Unresponsive
https://www.youtube.com/watch?v=e7jggCcfyjE#t=4m32s
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What is Tournesol?
This is the name of Professor Arns’ pet project winery.
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