RMR Legal Terminology & Proceedings 2 — Questions and Answers
Question 1: What is a 'motion in limine' and when does it occur?
- A pretrial motion to exclude certain evidence or testimony before the jury hears it (Correct answer)
- A motion to dismiss the case entirely
- A motion for a new trial after verdict
- A motion to change the venue
Correct answer: A pretrial motion to exclude certain evidence or testimony before the jury hears it
A motion in limine (Latin: 'at the threshold') is made before or during trial to prevent specific evidence from being presented to the jury. Reporters may transcribe arguments on these motions outside the jury's presence.
Question 2: What is 'impeachment' of a witness?
- Challenging a witness's credibility through prior inconsistent statements, bias, or other means (Correct answer)
- Removing a government official from office
- Refusing to allow a witness to testify
- Arresting a witness for perjury
Correct answer: Challenging a witness's credibility through prior inconsistent statements, bias, or other means
In trial proceedings, impeachment means attacking a witness's credibility, often by showing prior inconsistent statements, demonstrating bias, or questioning their ability to perceive events accurately.
Question 3: What is a 'proffer' of evidence?
- An offer of proof made outside the jury's presence to preserve the record when evidence has been excluded (Correct answer)
- A formal request for payment from a witness
- An opening statement by the defense
- A motion to seal the record
Correct answer: An offer of proof made outside the jury's presence to preserve the record when evidence has been excluded
A proffer allows attorneys to present excluded evidence on the record outside the jury's hearing, preserving the issue for potential appeal. Reporters must accurately capture proffers as part of the complete record.
Question 4: What is a 'charging conference' in a jury trial?
- A meeting where attorneys and the judge discuss and finalize the jury instructions before they are read to the jury (Correct answer)
- A conference about fees and costs
- A meeting to discuss plea bargains
- The process of charging the defendant with additional crimes
Correct answer: A meeting where attorneys and the judge discuss and finalize the jury instructions before they are read to the jury
The charging conference is where the judge and attorneys agree on the specific legal instructions to be given to the jury. Reporters must capture this conference as it can be critical for appeals.
Question 5: What does 'objection on the grounds of hearsay' mean?
- An objection that testimony repeats an out-of-court statement offered to prove the truth of what was said (Correct answer)
- An objection to the volume of the speaker
- An objection that the question is too difficult
- An objection to the witness's qualifications
Correct answer: An objection that testimony repeats an out-of-court statement offered to prove the truth of what was said
Hearsay objections challenge testimony that repeats what someone else said outside of court, offered to prove that what they said is true. There are numerous exceptions to the hearsay rule.
Question 6: What is a 'deposition upon written questions'?
- A deposition where attorneys submit questions in advance and the witness answers them before a court reporter without attorneys present (Correct answer)
- A written essay by the witness
- A questionnaire sent by mail
- A transcript of a phone interview
Correct answer: A deposition where attorneys submit questions in advance and the witness answers them before a court reporter without attorneys present
Unlike oral depositions, depositions upon written questions involve pre-submitted questions read aloud by the court reporter. The witness answers under oath, and the reporter records the testimony, but attorneys are typically not present.
RMR Legal Terminology & Proceedings 2
What is a 'motion in limine' and when does it occur?