Legal Process: Subpoenas and Witnesses

Questions and Answers

What is a subpoena?

A type of witness testimony

An official document issued to witnesses (correct)

A request for evidence from witnesses

A courtroom directive

What does a subpoena duces tecum require?

The witness to remain silent

The witness to bring specific materials to court (correct)

The witness to testify under oath

The witness to provide a written statement

What is the purpose of the 'Rule' on witnesses?

To exclude witnesses from the courtroom during testimony

What is a lay witness?

A person with personal knowledge about the facts of a case Signup and view all the answers

What characterizes a leading question?

It suggests to the witness the answer sought by the questioner. Signup and view all the answers

What is direct examination?

Presentation of testimony through open-ended, non-leading questions. Signup and view all the answers

What is a narrative form of interrogation?

A witness describes what happened in their own words without interruption. Signup and view all the answers

What is cross-examination?

The rigorous examination of a witness by opposing counsel. Signup and view all the answers

What is an adverse witness?

A witness aligned with the opposing side. Signup and view all the answers

What is impeachment in a legal context?

A process that diminishes the believability of a witness's testimony. Signup and view all the answers

What does contradiction by cross-examination involve?

Asking the witness about facts opposing their previous testimony. Signup and view all the answers

What is a prior inconsistent statement?

A statement made by a witness that contradicts their current testimony. Signup and view all the answers

What does bias refer to in a witness?

A witness's interest in the case or its outcome. Signup and view all the answers

What is an unresponsive answer?

An answer that does not address the question asked. Signup and view all the answers

What constitutes perjury?

Knowingly making a false statement under oath. Signup and view all the answers

What is lay opinion testimony?

Testimony by non-expert witnesses in the form of opinion. Signup and view all the answers

What is the role of a document examiner?

An expert who analyzes documents, handwriting, and paper. Signup and view all the answers

What does a fingerprint expert do?

Identifies fingerprints by comparing known and unknown samples. Signup and view all the answers

What is the responsibility of an accident investigator?

Investigates the causes and results of vehicle accidents. Signup and view all the answers

Who are crimes experts?

Persons who are experts in the methodology of specific crimes. Signup and view all the answers

What do DNA experts work with?

Present DNA evidence. Signup and view all the answers

What is the role of a footprint expert?

Identifies unknown footprints and walking patterns. Signup and view all the answers

Who is an expert on mental illness?

A psychologist or psychiatrist knowledgeable about mental conditions. Signup and view all the answers

What do polygraph experts do?

Specialize in the workings and results of polygraph tests. Signup and view all the answers

What is acoustical spectrography?

Science that composes sound into harmonic components. Signup and view all the answers

What does a voiceprint expert do?

Identifies voices using acoustical spectrography. Signup and view all the answers

What is refreshing recollection?

Reviving a witness's memory by various means. Signup and view all the answers

What is past recollection recorded?

A record of a fact known by a witness but not presently remembered. Signup and view all the answers

Study Notes

Subpoenas

Subpoena: Official document compelling a witness to appear in court or provide testimony.
Subpoena Duces Tecum: Requires a witness to bring specific documents or evidence to court.

Witnesses and Testimony

Rule on Witnesses: Ensures witnesses are excluded from the courtroom to prevent them from hearing each other's testimonies.
Lay Witness: A non-expert who has personal knowledge about case facts, providing testimony in court.
Leading Question: A question that suggests its own answer, prompting a specific response from the witness.
Direct Examination: Involves open-ended questions allowing witnesses to present their testimony without the questioner suggesting answers.
Narrative: A style of questioning where the witness recounts events in their own words, uninterrupted.

Cross-Examination

Cross-Examination: Intense questioning by opposing counsel aimed at undermining a witness's credibility.
Adverse Witness: A witness aligned with the opposing side whose testimony may be unfavorable to the questioner's case.
Impeachment: Procedure to challenge the credibility of a witness's testimony, making it less believable.
Contradiction by Cross-Examination: Involves challenging a witness's statements by presenting facts that oppose their earlier testimony.
Prior Inconsistent Statement: Impeachment technique using previous contradictory statements made by the witness.

Witness Credibility Factors

Bias: A witness's potential interest in the case outcome affecting their reliability.
Unresponsive Answer: An answer by a witness that either fails to directly address the question or strays beyond its scope.

Legal Implications

Perjury: The act of knowingly providing false testimony or statements, classified as a misdemeanor or felony.
Lay Opinion Testimony: Non-expert witness opinions presented as testimony.

Expert Testimonies

Document Examiner: An expert analyzing and authenticating documents and handwriting.
Fingerprint Expert: Specialist who identifies fingerprints through comparison techniques.
Accident Investigator: Professional tasked with examining the causes and consequences of vehicle accidents.
Crimes Experts: Law enforcement professionals knowledgeable in crime methodology and equipment.
DNA Experts: Scientists who analyze DNA evidence.
Footprint Expert: Specialist in recognizing and interpreting unidentified footprints.
Expert on Mental Illness: Typically a psychologist or psychiatrist providing insights on mental conditions.
Polygraph Experts: Professionals skilled in administering and interpreting polygraph tests.
Acoustical Spectrography: Science that analyzes sound components, resulting in a visual representation called a spectrogram.
Voiceprint Expert: Identifies voices through acoustical spectrography techniques.

Memory and Evidence

Refreshing Recollection: Techniques used to help a witness remember specific facts from their past experiences.
Past Recollection Recorded: Admissible evidence from a documented fact previously known by a witness, despite lack of current memory.

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Description

This quiz explores the crucial legal concepts surrounding subpoenas and the roles of witnesses in court. Key topics include types of subpoenas, rules regarding witnesses, and the procedures of examination and cross-examination. Test your knowledge on how these elements function within the judicial system.