Chapter 9

Question 1

What are the rules of evidence

Answer 1

These are the rules that govern the admissibility of evidence in a legal proceeding

Question 2

Who ultimately decides what evidence is admitted in court

Answer 2

The judge

Question 3

What is evidence

Answer 3

evidence is testimony, writings, and material proof of a fact or proposition

Question 4

What is real evidence

Answer 4

rela evidence is anything other than oral evidence - its tangible

Question 5

What is direct evidence

Answer 5

Direct evidence is evidence that directly proves a fact at issue - woke up and in the night see it is raining

Question 6

What is circumstantial evidence

Answer 6

This is evidence that a fact is proven indirectly - wake in the morning and the yard is wet - so you say it rained last night

Question 7

To be admissible in court evidence must be . . .

Answer 7

relevant. If it is not relevant its not admissible in court

Evidence is relevant if is has any tendency to make the existence any fact that is of consequence more probable, less probable than without it

Question 8

What is the general rule of admissibility

Answer 8

all relevant evidence is admissible except as otherwise provided by the law

Question 9

Even if the evidence is relevant when might it NOT be admissible

Answer 9

If its probative value is substantially outweighed - confuse the issue,or listed the jury

Question 10

When is an expert needed

Answer 10

Not for common knowledge

Question 11

What is circumstantial evidence and the difference be teen direct

Answer 11

Direct - this is direct testimony on facts to be proved ( I saw what happened) circumstantial - does not prove it directly, but instead is part of a chain of inferences - circumstantial

Question 12

What kind of testimony is a expert witness

Answer 12

direct evidence

Question 13

Inflamatory evidence

Answer 13

This is evidence that shows maybe immoral character. This may bias the jury to think the defendant is a bad person that is irrelevant to the case. You don’t want to include it because it will bias the jury. INADMISSIBLE

Question 14

Can you include evidence of good or bad character

Answer 14

evidence of good or bad behaviors in general is INADMISSIBLE unless character is the issue

Question 15

Is evidence of herb admissible

Answer 15

evidence of habitability may be ADMISSIBLE especially when it tends to be repeated ro nearly invariable

Question 16

Are these inadmissible: offers of compromise, settlement, plea bargaining, solo contender

Answer 16

All of these please are INADMISSIBLE

Question 17

Liability Insurance

Answer 17

ADMISSIBLE in court - to prove liability

Question 18

Who has privileged communications:

Answer 18

attorney- client
doctor-patient
priest-penitent

Question 19

What is the work product rule

Answer 19

This says that the work that is prepared by the attorney join behalf of the client in prep does not have to be disclosed - it is protected of privileged

Question 20

What about accountants

Answer 20

They do NOT have privilege but if you prepare work under the direction of their attorney - then your work is covered by the work paper product rule

Able each page as such

Question 21

discovery and expert witness versus a consultant

Answer 21

In general an expert witnesses documents are discoverable and a consultants documents are not discoverable

Question 22

Is hearsay admissible

Answer 22

In general the are NOT ADMISSIBLE - because considered untrustworthy but there are executions

Question 23

What are the hearsay exceptions

Answer 23

Legally operative facts - whether you made a statement - you gave notice of a breach of warranty

Effect in the listener - some said “Joe is a thief” is why you direct Joe, but does not prove that he is a thief

State of mind of the declarant - someone says “ Mike is a crook” proves why you might not have gone into an oral business agreement with them but does not prove they are a crook

Impeachment - prior staten made by a decrement may be offered to impeach the declarant.

Question 24

What are the three concepts underlying the EXCEPTIONS to hearsay

Answer 24

trustworthiness - an excited utterance is considered more trustworthy

Unavailability of declarant - they can’t testify at trial

Practical considerations -

Question 25

What is the authentication requirement

Answer 25

This means that in order for evidence to be admissible as evidence of legal proceedings a document etc but be authenticated or identified as what is proponents claim it to be.

Question 26

What is the best evidence rule

Answer 26

To prove the contents - the original must be produced rather than secondary evidence. unless lost or destroyed

Question 27

What is demonstrative evidence

Answer 27

Items that illustrated testimony, but has no probative value - start - diagrams, chalks - must have value
to be admissible

Question 28

What is the residuum rule

Answer 28

No finding may be solely supported by hearsay evidence.

Question 29

What is Benfords law

Answer 29

Used to detect invented numbers -

30% chance the first number will be 1 2 = 17%

on 4.6% chance that it will be 9

Question 30

What is electronic imaging

Answer 30

process of scanning documents onto a magnetic medium