Legal Settings Flashcards
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Read the first 7 Legal Settings flashcards as text
In legal settings, 'hearsay' is defined as:
Answer: An out-of-court statement offered to prove the truth of the matter asserted
Hearsay is an out-of-court statement introduced at trial to prove the truth of what it asserts, and it is generally inadmissible.
When a judge sustains an objection to a question, the interpreter should:
Answer: Interpret the ruling and cease interpreting any answer that follows
When an objection is sustained, the witness should not answer, so the interpreter renders the ruling and stops, accurately following the court's direction.
A 'continuance' granted in a court proceeding means:
Answer: The proceeding is postponed to a future date
A continuance postpones a scheduled court proceeding to a future date, often to allow additional preparation time.
Simultaneous interpretation in a courtroom is most commonly used to:
Answer: Allow a non-English-speaking defendant to follow trial proceedings in real time
Simultaneous interpretation lets a defendant continuously follow the trial as it happens, fulfilling the constitutional due process right to understand proceedings.
When a witness is asked a compound question, the interpreter should:
Answer: Interpret the question exactly as posed, preserving its compound structure
The interpreter must render the question exactly as stated; it is the role of attorneys and judges to handle objections to the form of a question.
'Mens rea' is a legal term that refers to:
Answer: The criminal intent or guilty state of mind required to commit a crime
Mens rea is the mental element of a crime — the intent or knowledge that makes a physical act criminal rather than accidental.
In a U.S. civil lawsuit, the plaintiff must prove their case by a standard of:
Answer: Preponderance of the evidence
Civil cases use the preponderance of the evidence standard, meaning the plaintiff's version of events is more likely true than not — greater than 50%.
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