Ev

Question 1

Specificity of Objections

Answer 1

MBE: specific legal grounds
MD: general objection, no specificity req

Question 2

Completeness doctrine

Answer 2

MBE: other party can require the rest of the writing etc be in ev right then

MD: must be addressed on cross

Question 3

Limiting instructions: when requested by counsel, when are they given?

Answer 3

MBE: ?
MD: at the time the ev is received and at the end

Question 4

Effect of judicial notice

Answer 4

MBE: no more contradictory ev

• civil: must accept
  crim: may accpet

MD:

civil: must accept
crim: must accept unless fact is adverse to D

Question 5

effect of rebutting a presumption

Answer 5

MBE: one side shows facts sufficient for a presumption

• other side makes contrary showing
• bubble burst, no presumption exists

MD: bubble never bursts
-creates a question for the trier of fact

Question 6

limitations on prior bad acts

Answer 6

MBE: not allowed to prove propensity
can be used for other stuff
-reputation, op, spec facts ok where knowledge of character is an issue
-ok if character is an ultimate issue

MBE: limitations only apply to D
-level of proof req is clear and convincing

Question 7

When D attacks the character of V, can pros respond w bad character ev of D?

Answer 7

MBE: yes
MD: no

Question 8

offers/ communication about settlement or during mediation

Answer 8

MBE: not admissible to prove claim
not admissible for impeachment as a prior inconsistent statement
ok to show W bias, proving obstruction

MD: Mary Carter Agreement: where there’s multiple Ds, and fewer than all the Ds settle, and it’s secret

1) settling party is still a party to the litigation
2) agreement kept secret
3) settling party must agree to pay P regardless of the outcome of the ligiation
- -ok to show bias of settling D.

NEVER allow an agreement w a hospitalized person within 15d of injury

Question 9

Rape Shield Law

Answer 9

MBE: civ or crim, involving sex misconduct
-repuatation and op ev not allowed to show
-that a V engaged in other sex behavior
-any alleged V’s sexual predisposition
EXCEPT
-spec instances- to show other source of inj, dna, etc
-spec instances w. D if offered to prove consent or offered by pros
-if exclusion would violate D’s cons rts

Civil:
admissible if probative value substantially outweighs the danger of harm to any vic and of unfair prejudice to any party. Ev of reputaiton only allowed if it has been placed in controversey by V.

MD: additional exceptions:

• show V’s ulterior motive
• impeachment when pros has placed V’s prior sex acts at issue

Question 10

if a D is charged w a crime that impeaches his veracity, can he put on good ch ev?

Answer 10

only once he testifies

Question 11

if there’s a 3p in the room when atty and client speak, priv waived?

Answer 11

MBE: yes
MD: not if the atty brought the person in

Question 12

doctor-patient privilege

Answer 12

MBE: pt can refuse to disclose

• conf comm
• purpose of dx or tx

MD:

• no dr-patient priv
• psychotherapist/ social worker- client priv

Question 13

competency to testify in MD

Answer 13

• sufficient intelligence

- not convicted of perjury

Question 14

dead man’s statutes

Answer 14

MBE: abandoned

MD: still around

• narrowly construed
• incompetent = dead
• interested party can’t offer testimony of a statement or transaction made by the dead person
• can if it’s already been put into ev
• can be waived by the party

Question 15

impeachment by ev of a prior conviction: MBE & CL

Answer 15

CL: treason
any felony
misdemeanor involving obstruction
= incompetent as a W

MBE: 
-D: crime punishable by 1y+ 
probative > prejudicial
-W: punishable by >1y 
403 test
-D/W: dishonesty or false statement 

-under 10yo and has dishonesty, automatically admitted

Question 16

Impeachment by ev of a prior conv: MD

Answer 16

• infamous cr/ cr related to credibility
• treason, theft, drug distribution, felonies, untruthfulness
• probative vs. undue prejudice
• must be under 15yo

Question 17

Expert Testimony

Answer 17

MBE:

1) sufficient facts or data
2) reliable pric and methods
3) W applied methods reliably

MD:

1) reliable principles of methods
2) sufficient factual basis

Novel stuff: Frye standard
generally accepted in its field

Question 18

MD: admissions of a party-opponent are hearsay?

Answer 18

yes but it’s an exception

Question 19

MD: prior inconsistent statements hearsay?

Answer 19

yes, but exception if:

1) reduced to writing and signed
2) recorded contemporaneously

Question 20

MD: prior consistent statement: hearsay?

Answer 20

yes

allowed in only when it’s a prompt complaint of a sex assault V