Adopted Objections are the Best Privilege of Oath Questions

Question 1

Adopted

Answer 1

Adopted Admissibility Relevant

(1) WA Adopted = FRE w/ minor variations
(2) Admissibility = turn on issue for which offered
(3) Relevant = all = make a material fact more/less probable != prejudicial, confusion, emotion/logic, overkill

Question 2

Objections

Answer 2

Objections Authentication Limiting

(1) Objections / motion to strike= at or near, else waived, unless in limine !=surprise, unless discovery
(2) Authentication = PFC != weight; Criminal = chain; Judicial notice = uncontested != believability/quality
(3) Limiting instruction = limits purpose for which used

Question 3

Best

Answer 3

Best Confrontation Jury

(1) Best evidence = original or printed over testimony, unless innocently destroyed
(2) Confrontation != right if not testimony expected to be used as evidence; cry for help
(3) Jury Instruction = correct statement of law

Question 4

Privilege

Answer 4

Privilege Husband Doctor

(1) Privilege = strictly construed = by holder, but invoked by professional; atty client = pursuant to relationship where privacy != crime/fraud
(2) Husband (DP) = always protects communications where privacy; testify unless not married, consent, or suing each other civil/criminal
(3) Doctor = R. expectation of privacy, includes maintained medical record; waiver = 90 day for personal injury/wrongful death

Question 5

Oath

Answer 5

Oath Competency Child

(1) Oath = all testifying witnesses
(2) Competency = presumed != under influence
(3) Child = tell truth from fiction + understand importance = 4 = borderline = judge’s wide latitude

Question 6

Questions

Answer 6

Questions Cross

(1) Questions != compound, complex; leading, but ok unless cross, adverse, hostile, child
(2) Cross exam = scope of direct