Chapter 1- 12

Question 1

3 reasons why preliminary hearing should be conducted outside of the jury’s presence

Answer 1

1. defendant made a confession
2. defendant is also a witness and requested so
3. as justice so requries

Question 2

challenges to admission of evidence can only be heard on appeal if:
- 2 types of challenges

Answer 2

1. it substantially effected a party’s right*
2. judge was notified and had a chance to correct it

Objection: for evidence wrongful admitted
offer of proof: evidence wrongfully excluded

Question 3

Rule 105: Limited Admissibility Rule

Answer 3

limits jury instructions. Evidence admissible for one purpose, not not for another

Question 4

Rule 106: Rule of Completeness

Answer 4

If other party introduces part of a letter, which makes it misleading, I am *automatically and *immediately able to introduce the rest of the letter

Question 5

Judicial Notice

Answer 5

Judge tell the jury that they may accept the fact as given, instead of having to find the fact, if it’s so obviously true

Question 6

Generally, leading questions are NOT permitted in direct examination. Except:

Answer 6

• hostile witness (opposing party’s witness)
• difficulty communicating due to age; or
• preliminary background information

Question 7

In cross examinations?
- what’s allowed/ what’s the limit?

Answer 7

• Only allowed to ask question within the scope of the questions asked on direct
• Allowed to use leading questions

Question 8

Refreshing a Witness’s Recollection

Answer 8

• If the witness is having trouble remembering, may show the witness a doc or thing to help them recall. Witness reads it, and puts it away.
• It does NOT become part of the evidence

Question 9

5 common objections

Answer 9

• Asked and answers (if X answered, can ask again and again)
  
  • Compound question (this and this and this?)
  • Facts not in evidence (still dating that guy?
  • Argumentative (you think the jury is a bunch of idiots?)
• Questions calling for inappropriate conclusions (witness not qualified to answer)

Question 10

burden of proof consists of:

Answer 10

burden of production: producing the evidence
burden of persuasion: convincing the jury

Question 11

Rebuttable Presumption

Answer 11

when it’s difficult to prove directly, shifts the burden of production but not the burden of persuasion.

Question 12

if a party destruction of Evidence, what’s the presumption that follows?

Answer 12

if a party destroys evince, there is a presumption that the destroyed evidence was adverse to that party

Question 13

“Relevance” in Evidence means

Answer 13

how a particular evidence makes a fact more likely

low bar.

Question 14

Rule 403

Answer 14

a court has discretion to exclude relevant and admissible evidence, if it substantially outweighs its probative value

• confusion of the issues, unfair prejudice, misleading the jury, or waste of time

Question 15

Define Character Evidence
- CV?
- CR?

Answer 15

Bars introducing evince about someone’s character trait to prove they acted in conformity with that trait.

CV: exception when person’s character is at issue
CR: exception when D opens the door and introduces his good character by bringing in a witness that will speak to D’s reputation or opinion. Then prosecution has 2 options:
- on cross, prosecution can use specific acts to ask that witness and try to rebut
- prosecution can bring their own character witness to rebut

Question 16

Propensity Evidence is allowed in (2, one in civil case)

Answer 16

Impeachment
civil cases: rape/child molestation

Question 17

If D opens door to his good character, what can the prosecutor do?

Answer 17

• introduce evidence of D’s bad character.
• can use specific acts

(D can only use opinion or reputation)

Question 18

if D opens door to victim’s bad character, what can the prosecutor do?

Answer 18

• introduce evidence to victim’s good character (opinion/reputation)
• introduce evidence of D’s bad chacater

(usually in the case of violence)

Question 19

someone is deemed competence if they:

Answer 19

• have personal knowledge of the matter at hand
• willing to take an oath

Question 20

R.606: Jury cannot testify as a witness regarding the indictment or verdict as to:

Answer 20

• statements made during deliberation
• incidents that occurred during deliberation
• the effect of any of the juror’s mind

Question 21

Exception to juror’s not being able to testify:

Answer 21

• extraneous, prejudicial information that was improperly brought in
• an outside influence was improperly brought in
• a juror made a statement that they relied on racial stereotype or animus in convicting the defendant

Question 22

three ways to impeach a witness

Answer 22

• show their dishonesty
• bias
• sensory competence

Question 23

Sensory competence regarding impeachment of witness means:

Answer 23

Witness was mistaken in some way
(I,e. did not see or hear clearly)

Question 24

A witness can be impeached by:

Answer 24

introducing a witness that will testify by attacking the reputation or opinion of the target witness

Question 25

A witness can be impeached by:

Answer 25

introducing a witness that will testify by attacking the reputation or opinion of the target witness

Specific acts can be introduced in cross regarding dishonesty

Question 26

Past criminal convictions can be used to impeach a witness if:

Answer 26

• crimes of dishonesty or false statement
• felony (unless 403)
• if criminal defendant ( only if reverse 403)
• 10+ yrs conviction (only if 403); AND give adverse party reasonable advance notice
• Pardon, unless found to be innocent or X other felony conviction

Question 27

a witness’s prior Inconsistent statement is admissible for impeachment purposes if:

Answer 27

witness has a chance to explain

Question 28

Rehabilitation of a witness
(impeachment) can be done by:

Answer 28

give chance to explain or clarify

introduce prior consistent statement

if witness was attacked as having bad character, then introduce evidence to bolster character

Question 29

Lay witness’s opinion is admissible if:

Answer 29

• based on witness’s perception;
  AND
• helpful to understanding the witness’s testimony or in determining the fact in the case

( cannot be based on technical or specialized knowledge)

Question 30

Expert witness opinion is admissible under the Daubert test if

Answer 30

Expert is
1. qualified by knowledge, skill, experience, training, or education; and
2. testimony is based on facts or data,
3. testimony is based on reliable principles and methods; and
4. reliably applied the principles and methods to the facts of the case

Question 31

to authenticate a real evidence (a “thing”)

Answer 31

1. someone w/ personal knowledge testifies that they recognize and identifies the item
   - through unique markings or features

OR

if identical item,

2. chain of custody

Question 32

Authenticating Documents
- ancient docs
- reply letter doctrine
- handwriting verification
- self-authenticating docs

Answer 32

can be authenticated by stipulation by both parties

ancient docs: if 20+ yrs old; in a condition unlikely to create suspicion; and found in a place where it would be

reply letter: authenticated by showing it was written as a response to another letter

handwriting certification: authenticated by expert or juror OR witness w/ personal knowledge of handwriting

self authenticating docs: docs that are so unliekly to be fake, that the mere presence is authenticated. like public docs wit gov’t seal, certified copies, notarized docs, etc.

Question 33

Authenticating Oral statements
- voice
- telephone convo

Answer 33

voice: by someone who heard the voice

telephone conversation:
- caller dialed and speaker identified themself.
- caller recognized speaker’s voice
- caller knows only what a person who had a convo would know

Question 34

Best Evidence Rule

Answer 34

If the contents are at issue we want to see the actual document, not the witness’s testimony about it.