Evidence

Question 1

Hearsay

Answer 1

Out of court statement offered to prove the truth of the matter asserted. It is generally not admissible

Question 2

Exceptions to hearsay

Answer 2

Present sense impression, excited utterance, then existing state of mind, Business record, dying declaration, statement against interest

Question 3

Present sense impression

Answer 3

observations in real time

Question 4

Excited utterance

Answer 4

statement made while excited

Question 5

Then existing state of mind

Answer 5

Out of court statement offered to prove the truth of the matter asserted

Question 6

Business record

Answer 6

Record kept in “regular course of business = ALL the TIME…not for a project…must be done all the time!!

Question 7

Dying declaration

Answer 7

Homicide and Civil case…declarant believes they are dying, statement about WHY they think they are dying, and must be UNAVAILABLE

Question 8

Statement against interest

Answer 8

Declarant is a (Party or NON Party) statement against their own interest tends to make them liable or guilty of something, reasonable person would not say it and they are UNAVAILABLE

Question 9

Non-Hearsay

Answer 9

1. Admissions (by PARTY to the case) –includes
2. Prior Sworn Inconsistent statement – under oath, subject to cross exam
3. Prior Consistent Statement

Question 10

Adoptive admission

Answer 10

Silence when a reasonable person would object

Question 11

Attorney Client Privilege

Answer 11

Does not have to be made to the lawyer, it can be any rep performing legal services. The statements must be confidential, but there is no privacy if info is to commit fraud/crime!

Question 12

Spousal communication

Answer 12

Applies to any type of case. It must be confidential communication while they were married. Either spouse can refuse to talk and prevent other spouse from disclosing and the privilege survives divorce.

Question 13

Spousal testimony

Answer 13

Criminal cases only. The witness spouse holds privilege and can refuse to testify against other spouse but they have to be married at trial

Question 14

Doctor-Patient Confidentiality

Answer 14

Covers communications made for purpose of medical treatment!! Other people can be around and it can still be private if they are there for interest of patient and helping with the treatment of the person.

Question 15

Best evidence rule

Answer 15

the original document must be admitted. BUT, rule only applies when the document is material to the case and someone is trying to prove the contents of the document

Question 16

When the document is material, a copy will be allowed if ___

Answer 16

all effort to find original has been made and there no evidence of tampering (they will tell you)

Question 17

Who can be a witness?

Answer 17

Generally. Look for whether they know the difference between a lie and the truth/understands what’s going on and whether they have personal knowledge

Question 18

For expert witnesses, you have to ___

Answer 18

lay the foundation and prove their education/background

Question 19

Impeachment

Answer 19

using something to attack a witnesses credibility because there is some lie or inconsistency in their testimony

Question 20

You can/cannot use hearsay for impeachment purposes

Answer 20

CAN

Question 21

You can ask a witness about a prior conviction if the conviction is for

Answer 21

a crime of truthfulnes/dishonesty

Question 22

If a conviction is for a felony, it is not admissible unless ___

Answer 22

it is within 10 years and passes 403 balancing test

Question 23

You can only ask a witness about a prior bad act IF

Answer 23

the act relates to dishonesty

Question 24

If a witness denies the bad act you cannot ___

Answer 24

prove by extrinsic evidence

Question 25

Character evidence is generally ____

Answer 25

not admissible

Question 26

Character evidence is admissible in the following civil cases when the character of the D is at issue:

Answer 26

defamation, child custody, negligent entrustment, misrepresentation

Question 27

Character evidence can be brought in in a criminal case when

Answer 27

1) D opens the door with good character

2) MIMIC (motive, intent, mistake, ID, common plan/scheme)

Question 28

Good character must be for either:

Answer 28

Honesty/truthfulness or Peacefulness and it must relate to the crime charged

Question 29

If D opens the door with their good character, the prosecution can bring in evidence of their ___

Answer 29

bad character

Question 30

Habit can also be a way that character evidence comes in but it must be something that D ____ does

Answer 30

ALWAYS (every day)

Question 31

Subsequent remedial measures cannot be offered to prove

Answer 31

negligence or liability

Question 32

Subsequent remedial measures can be offered to show

Answer 32

ownership or control

Question 33

Offers to settle/compromise are not admissible to show ___

Answer 33

liability

Question 34

Offers to pay medical bills are not admissible to show ___ BUT ___

Answer 34

liability BUT can be admissions made with offer to pay bills CAN be severed and be admissible

Question 35

Courts can take judicial notice of a fact if it is ___

Answer 35

not subject to dispute

Question 36

Once court takes judicial notice of a fact the following happens in a criminal and civil case:

Answer 36

criminal- jury is instructed it MAY accept fact as conclusive
civil- jury is instructed it MUST accept fact as conclusive