Analysis

Question 1

Relevance:

Answer 1

Evidence must be relevant to be admissible (Has any tendency to make existence of any fact of consequence to the determination of action more or less probable than without the evidence. (Legal relevance, Logical Relevance)

Question 2

Objections to form of questions:

Answer 2

Leading, nonresponsive, calls for narrative, assumes facts not in evidence, compound, speculation

Question 3

Kinds of purpose:

Answer 3

Logical relevance (tendency to prove fact of consequence more or less probable than it would be without evidence)
Legal Relevance (prejudicial impact v. probative value; policy exclusions)
Character relevance

Question 4

Legal Relevance analysis: (include extrinsic policy exclusions)

Answer 4

Prejudicial impact v. probative value;
Liability insurance (to prove negligence/ability to pay); subsequent remedial conduct, settlement offers, payment or offer to pay medical expenses, guilty pleas

Question 5

Character evidence in civil cases v. criminal cases:

Answer 5

Civil cases NOT ALLOWED unless character in issue by virtue of the case or habit
Criminal cases open door rule or for MIMIC

Question 6

Presentation of evidence: witness testimony look at:

Answer 6

Competency (age/mental); PERSONAL KNOWLEDGE; impeachment

Question 7

Prior inconsistent statements used to impeach

Answer 7

Prior inconsistent statements: okay through cross or extrinsic evidence, only okay if witness given chance to rebut UNLESS was made under oath at prior proceeding it is NONHEARSAY, can be used as substantive evidence of facts stated.

Question 8

Character evidence 4 questions to look at:

Answer 8

1) What is purpose that the evidence is offered? (character in issue? Circumstantial evidence to prove person’s conduct on that occasion? Impeach/support credibility?)
2) What method/technique used? (Specific acts, opinion, reputation?)
3) Civil or crim case?
4) does evidence prove pertinent character trait?

Question 9

Hearsay definition:

Answer 9

any out of court statement made to prove the truth of the matter asserted

Question 10

What are statements not offered for its truth?

Answer 10

verbal acts/legally operative facts (words of K; defamation)

2) Effect on the hearer or reader (to prove notice in negligence case)
3) Circumstantial evidence of declarant’s state of mind
4) nonhuman declarations (animal/machine)

Question 11

What are NONHEARSAY statements?

Answer 11

1) prior statements by witness 1a) prior inconsistent statement, 1b) Prior consistent statement 1c) prior identification
2) admissions 2a)party 2b) vicarious 2c) adoptive 2d) co-conspirator statements

Question 12

Exceptions to hearsay; unavailability exceptions:

Answer 12

Declarations against interest, dying declarations, former testimony

Question 13

Exceptions to hearsay; Reliability exceptions

Answer 13

excited utterance, present sense impression, bodily condition, present state of mind

Question 14

Exceptions to hearsay; Documentary exceptions:

Answer 14

Past recollection recorded, business records, official records

Question 15

Exceptions to hearsay; others

Answer 15

ancient docs, learned treatises

Question 16

Witness competence steps:

Answer 16

1) Have personal knowledge 2) can communicate 3) take oath/affirmation to tell truth 4) recall what they perceive CA ONLY 5) understand legal duty to tell truth
CA ONLY: no using hypnotized to refresh recollection unless crim case and procedures protecting against suggestion used

Question 17

Expert testiomny:

Answer 17

1) helpful to jury 2) witness is qualified 3) witness believes in opinion to reasonable certainty 4) opinion supported by proper factual basis 5) opinion based on reliable principles reliably applied to facts - Fed factors: publication/peer review, error rate, retestability, level of acceptance. CA factor: opinion based on generally accepted principles in field)