Elements from Flemings

Question 1

Probative Value: Court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: (3 elements)

Answer 1

1) Unfair prejudice
2) Confusing the issues, misleading the jury
3) Undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 2

What are the three types of character evidence?

Answer 2

1) Specific acts
2) Opinion
3) Reputation

Question 3

What are the four types of evidence?

Answer 3

1) Real
2) Demonstrative
3) Scientific
4) Documentary

Question 4

Elements needed in order for dying declaration (4)

Answer 4

1) Declarant unavailable
2) Declarant believes death is imminent and certain
3) Statement relates to cause of death
4) Personal Knowledge

Question 5

Elements needed for Excited utterances (4)

Answer 5

1) Startling event
2) Statement while under stress of the event/condition.
3) Statement relates to startling event/condition.
4) Personal knowledge

Question 6

Elements for present sense impression (2)

Answer 6

1) Statement made with contemporaneously with event or condition.
2) Statement uttered immediately upon perception or thereafter.

Question 7

Statements against interest (4)

Answer 7

1) Statements can be from a party or non-party.
2) Declarant unavailable
3) Personal knowledge (non-party)
4) Statement is against declarant’s interest

Question 8

Former testimony (4)

Answer 8

1) Must have been under Oath and opportunity for cross examination.
2) Identity of parties
3) Identity of issues
4) Declarant unavailable

Question 9

Past recollection recorded (5)

Answer 9

1) Writing prepared or adopted by witness
2) Matter was fresh in witness’ memory
3) Witness vouches for accuracy of writing
4) Witness has insufficient present recollection of facts to testify
5) Personal knowledge

Question 10

Business records (4)

Answer 10

1) The record was kept in the regular course of business.
2) Making the record was the regular practice of the activity.
3) These conditions were shown by testimony of the custodian or another qualified witness or certification.
4) The records are trustworthy.

Question 11

Public records (3)

Answer 11

1) Records, reports, statements, data compilations.
2) In any form
3) Of public offices or agencies