Evidence

Question 1

Can a trial judge review evidence to decide whether an expert should testify and other pre trial matters?

Answer 1

Yes, and they can consider inadmissible evidence

BUT they cannot consider privileged information

Question 2

What is the general rule for admissibility of relevant evidence?

Answer 2

• Relevant evidence is admissible unless its probative values is outweighed by the risk of unfair prejudice

Question 3

If defendant introduces evidence of victim’s bad character has he opened the door?

Answer 3

Yes, prosecutor can now attack defendant’s character

Question 4

Who can be impeached by crimes involving dishonesty or false statement

Answer 4

Anyone as long as it has been within 10 years

Question 5

Is embezzlement a crime involving dishonesty?

Answer 5

Yes

Question 6

What is required for the best evidence rule to be the right answer?

Answer 6

The contents of the document must be at issue

Question 7

Is evidence from animals or automatically generated by machines hearsay?

Answer 7

No

Question 8

Is there an exception to the hearsay rule for judgments of acquittal?

Answer 8

No, that only applies to judgments of convictions

Question 9

What can you use a prior inconsistent statement for?

Answer 9

You can always use it to impeach, and if it is under oath you can use it as substantive evidence

Question 10

When is evidence of a juvenile conviction admissible in a civil case?

Answer 10

Never

Question 11

Is a withdrawn guilty plea admissible?

Answer 11

no

Question 12

Does the reliability of the document matter for best evidence?

Answer 12

No, we care about whether the document is being relied on

Question 13

Does an affidavit qualify for the former testimony exception?

Answer 13

No

Question 14

What is evidence of a habit used for?

Answer 14

to prove a person acted in a certain way on a certain day

Question 15

What is the requirement for a statement to meet the co-conspirator exception to hearsay?

Answer 15

It must be made in furtherance of the conspiracy

Question 16

Can a character witness testify about what they think happened?

Answer 16

No, unless they have personal knowledge

Question 17

Can arrests be used to impeach

Answer 17

No, an arrest by itself is not evidence of a bad act

Question 18

Is a statement made by a party to the current litigation hearsay

Answer 18

No, as long as it is offered by an opposing party

Question 19

When can a document used for prior recollection be entered as an exhibit

Answer 19

Only the opposing party can enter it as an exhibit

Question 20

Does a party need to give advance notice of oral testimony they plan to use?

Answer 20

No

Question 21

When can a juror testify to support a new trial

Answer 21

Only when they received outside information.

They cannot testify to anything that happened in the jury room, their mental process for the decision, or factors that led to the decision that weren’t improperly brought

Question 22

What must you do to use evidence to impeach a witness?

Answer 22

You must give them an opportunity to deny or explain the evidence

Question 23

Can a defendant waive the protection of plea negotiation statements?

Answer 23

Yes

Question 24

When can prosecution attack character of defendant

Answer 24

Only when the door has been opened

Question 25

What can you attack the credibility of a declarant with?

Answer 25

any evidence that would be admissible if the declarant had testified as a witness

Question 26

Can you use specific instances to impeach a witness’s untruthfulness?

Answer 26

Yes, but it cannot be done through extrinsic evidence (unless its a conviction)

Question 27

Can a writing used to refresh a witness’s memory be admissible for substantive purposes?

Answer 27

Yes, but only if it satisfied the other restrictions on admissibility
(generally doesn’t need to if it is just being used to impeach)

Question 28

What do you need to show to authenticate an x-ray?

Answer 28

an accurate process was used, that the machine used was working properly, and that the operator of the machine was qualified to operate it. The chain of custody must also be established.

Question 29

If the relevance of evidence depends on whether a fact exists that has not been proven yet, may a court admit it?

Answer 29

Yes, on the condition that proof of the fact is introduced later

Question 30

When there are multiple parties, can you introduce a settlement between two of the parties?

Answer 30

No

Question 31

What is the majority rule for who holds the spousal immunity?

Answer 31

The witness spouse - they may choose to testify but cannot be compelled to do so

Question 32

May a proponent of a self-authenticating document give notice to adverse party of the intent to introduce the document?

Answer 32

No, unless it is a regularly kept business record

Question 33

Can a recording for something a witness cannot remember be played as evidence?

Answer 33

Yes, but it cannot be entered as an exhibit unless the opponent moves for that

Question 34

Is a civil judgment hearsay?

Answer 34

Yes, the only type of judgment that can get in is a criminal conviction

Question 35

Can a court refuse to admit evidence related to a collateral issue?

Answer 35

Yes, like evidence for impeachment

Question 36

Does the presence of an investigator destroy acp?

Answer 36

No, as long as they are representatives of the attorney

Question 37

When may evidence be admitted to prove a victim’s sexual conduct or predisposition?

Answer 37

when the court determines at an in camera hearing that the probative value of the evidence substantially outweighs the danger of harm to the victim and unfair prejudice to any party.

Question 38

How can a court curse the erroneous admission of evidence?

Answer 38

the court may permit the introduction of additional inadmissible evidence to rebut the previously admitted evidence to remove unfair prejudice

Question 39

When impeaching a declarant, does the declarant need to be given the opportunity to explain or deny any inconsistent statement or conduct?

Answer 39

No

Question 40

Are party opponent statements non-hearsay or an exception?

Answer 40

Non

Question 41

What does the federal inadvertent waiver apply to?

Answer 41

the disclosure of information covered by the attorney work-product protection as well as communications covered by the attorney-client privilege.

Question 42

What is hearsay?

Answer 42

An assertion about the truth of the matter asserted

Question 43

Are answers to interrogatories hearsay?

Answer 43

No

Question 44

When a party includes by reference a document in an answer to an interrogatory, is the document admissible?

Answer 44

Yes, as an adoptive admission

Question 45

Elements for silence in response to a statement being considered an adoptive admission

Answer 45

(i) the person was present and heard and understood the statement, (ii) the person had the ability and opportunity to deny the statement, and (iii) a reasonable person similarly situated would have denied the statement.

Question 46

Is testimony given under a grant of immunity considered voluntary?

Answer 46

No, it is considered coerced and involuntary and cannot be used as evidence, even for impeachment purposes

Question 47

When does the ten years for using a defendant’s past criminal history start?

Answer 47

at their release from prison for the offenses

Question 48

When is a conviction admissible after 10 years?

Answer 48

only if the probative value of the conviction substantially outweighs its prejudicial effect.

Question 49

When the witness is a criminal defendant, when is a non-honesty conviction from the past 10 years allowed?

Answer 49

evidence of the conviction is admissible only if its probative value outweighs the prejudicial effect to the defendant

Question 50

If a party makes a witness unavailable, can they object to the admissibility of hearsay evidence of the declarant’s statements?

Answer 50

No