E Flashcards
LAY WITNESS
ANYONE CAN BE A WITNESS
TESTIFY AS TO KNOWLEDGE/ PERCEPTION
MUST TAKE OATH/AFFIRMATION
JUDGE/ JUROR MAY NOT BE A WITNESS
CHILD MAY BE A WITNESS
LAY WITNESS CANNOT TESTIFY AS TO
LEGAL CONCLUSIONS
EXPERT WITNESS
LAY FOUNDATION/QUALIFY THE EXPERT
CAN USE OUTSIDE EVIDENCE
CAN GIVE OPINION ON CONCLUSION
CANNOT GIVE OPINION ON MENTAL STATE OF DEFENDANT IF ELEMENT OF CRIME
CONTROL OF WITNESSES
THE COURT CAN TAKE STEPS TO KEEP REASONABLE CONTROL
LEADING QUESTIONS NOT ALLOWED ON DIRECT…EXCEPTIONS:
CROSS EXAMINATION
ADVERSE PARTY
SHY WITNESS/CHILD
JOG MEMORY
LAY FOUNDATION
REFRESHING MEMORY/RECOLLECTION
MAY SHOW ANYTHING TO WITNESS
BUT NOT READ INTO EVIDENCE
WITNESSES MUST NOT BE PRESENT IN COURTROOM
EXCEPTIONS
IF THEY ARE A PARTY
STATUTE ALLOWS
NEEDED
THE JUDGE AND THE JURY
JUDGE= RULES OF LAW + ADMISSIBILITY
JURY= QUESTIONS OF FACT + WEIGHT
OBJECTION TO ADMISSION
1) TIMELY
2) GROUNDS
OFFER OF PROOF
1) EVIDENCE WAS EXCLUDED
2) PRESERVES FOR APPEAL
BURDEN OF PRODUCTION
THE PLAINTIFF/PROSECUTION MUST PROVE EACH ELEMENT
BURDEN OF PERSUASION
CIVIL: PREPONDERANCE OF THE EVIDENCE (51%)
CRIMINAL: BEYOND A REASONABLE DOUBT
IF THE PRESUMPTION IS REBUTTED WITH EVIDENCE
THE JURY MAY CONCLUDE
IF THE PRESUMPTION IS NOT REBUTTED
THE JURY MUST CONCLUDE
CONCLUSIVE PRESUMPTION
NO REBUTTAL EVIDENCE MAY BE OFFERED
IMPEACHMENT
ATTACKING WITNESS CREDIBILITY
GENERALLY ADMISSIBLE
PRIOR FELONY CONVICTIONS
1) FELONY WITHIN 10 YEARS
2) PASSES THE BALANCING TEST
PRIOR CONVICTIONS REGARDING HONESTY/TRUTHFULNESS
1) FELONY OR MISDEMEANOR
2) PROVED BY REPUTATION, OPINION, OR ACTS
PRIOR BAD ACTS (NOT CONVICTIONS)
IN GENERAL- NOT ADMISSIBLE
REGARDING HONESTY/TRUTHFULNESS- ADMISSIBLE
NO EXTRINSIC EVIDENCE
COLLATERAL MATTER
NOT RELEVANT TO THE CASE
CANNOT BE USED TO IMPEACH
WHEN CAN YOU ADMIT FOR IMPEACHMENT AND SUBSTANTIVE EVIDENCE
WHEN THE STATEMENT IS ALSO NOT HEARSAY
RELEVANT EVIDENCE
ANY TENDENCY TO MAKE A FACT MORE OR LESS PROBABLE
GENERALLY ADMISSIBLE
RELEVANT EVIDENCE IS EXCLUDED IF
UNFAIRLY PREJUDICIAL
MISLEADS OR CONFUSES THE JURY
CAUSES DELAY
AUTHENTICATION
MUST SHOW THE EVIDENCE IS WHAT IT PURPORTS TO BE
HOW TO AUTHENTICATE
DIRECT TESTIMONY
SPECIAL MARKINGS
TESTIMONY W PERSONAL KNOWLEDGE
SELF AUTHENTICATING
LOOK FOR AN OFFICIAL/NOTARIZED DOCUMENT
DOES NOT REQ ADDITIONAL TESTIMONY
CHARACTER EVIDENCE
BAD THINGS THE DEFENDANT DID IN THE PAST
NOT ADMISSIBLE
TOO PREJUDICIAL
CHARACTER ADMISSIBLE IN CIVIL CASES WHEN AT ISSUE
DEFAMATION
CHILD CUSTODY
NEGLIGENT ENTRUSTMENT
MISREPRESENTATION/FRAUD
WHEN CHARACTER IS AT ISSUE
CAN B PROVEN BY REPUTATION, OPINION, AND SPECIFIC ACTS
CHARACTER ADMISSIBLE IN CRIMINAL CASES
D OPENS THE DOOR
D INTRODUCES EVIDENCE OF PERTINENT TRAIT
PROSECUTION CAN REBUT EVIDENCE OF SAME TRAIT
CHARACTER TO SHOW MIMIC IS ADMISSIBLE
MOTIVE
INTENT
MISTAKE (ABSENCE OF)
IDENTIFICATION
COMMON SCHEME OR PLAN
SELF DEFENSE CLAIM
D CAN SHOW P WAS INITIAL AGGRESSOR
PRIOR ACTS OF CHILD MOLESTATION
OTHER INSTANCES OF CHILD MOLESTATION ARE ADMISSIBLE
HABIT EVIDENCE
ROUTINE PRACTICE
ADMISSIBLE IF HABIT IS DONE ALL THE TIME
ATTORNEY/CLIENT PRIVILEGE
1) THERE MUST BE A RELATIONSHIP
2) APPLIES TO ANYONE WHO WORKS FOR THE ATTORNEY
3) LAST FOREVER
4) COMMUNICATION MUST BE CONFIDENTIAL
**PRIVILEGE IS HELD BY THE CLIENT
WORK PRODUCT
GENERALLY PROTECTED BY ATTORNEY/CLIENT PRIVILEGE
EXCEPTIONS TO ATTORNEY/CLIENT PRIVILEGE
GETTING ADVICE ON HOW TO COMMIT A CRIME
DISPUTE B/W ATTORNEY AND CLIENT
DOCTOR/PATIENT PRIVILEGE
STATEMENTS ABOUT TREATMENT OR DIAGNOSIS
OTHER CAN BE PRESENT TO ASSIST DOCTOR/PATIENT
EXCEPTIONS TO DOCTOR/PATIENT PRIVILEGE
1) PATIENT PUTS HIS CONDITION AT ISSUE
2) DISPUTE B/W DOCTOR AND PATIENT