Evidence Flashcards
The parties prove their case to the jury or judge by introducing……………………………
evidence
There are two broad categories of evidence:
- Testimony under oath – witnesses, who, under oath, relate facts within their knowledge; and
- Documentary evidence – documents and other tangible things.
Testimony under oath and………………………….are two broad categories of evidence
Documentary evidence
……………are witnesses, who, under oath, relate facts within their knowledge.
Testimony under oath
………………..are documents and other tangible things
Documentary evidence
What are the source for evidentiary rules?
- Texas Rules of Evidence for state court
2. Federal Rules of Evidence for cases in federal court
…………………….. means that all witnesses are excluded from the courtroom so that they cannot hear testimony given by other witnesses.
Invoking the Rule
At the beginning of a trial, either side can ask the judge to………………………………….
invoke the rule
The court must instruct the witnesses that they are not to…………. about the case with each other or with any person other than the attorneys in the case, and that they are not to…………. any reports of or comments on the testimony in the case while under the Rule.
Converse
read
If the Rule is violated, then the…………of the witness who violated the Rule may be………..and the witness may be held in contempt
Testimony
excluded
A judge may (or must, if requested, when the request is supported by the necessary information) take………………… of certain kinds of facts.
judicial notice
Judicial notice may be taken at……………. in the trial.
any point
………………is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
RELEVANT EVIDENCE
In a civil case of conduct involving moral turpitude, ……………………….may be offered by the accused, or by the accusing party to rebut.
character evidence
Mention the methods of proving character.
- Reputation (most common)
- Opinion
- Specific instances of conduct
Evidence of the habit of a person or of the routine practice of an organization is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the …………………………….
habit or routine practice
What is the most common method of proving the accused?
Reputation
……………..is not admissible to prove negligence, culpable conduct, product or design defect, or the need for a warning.
evidence of the subsequent remedial measures
……………………………………may be admissible when offered for another purpose, such as proving ownership, control, feasibility or precautionary measures, if controverted, or impeachment.
Evidence of subsequent remedial measures
Evidence of subsequent remedial measures may be admissible when……………………………, such as proving ownership, control, feasibility or precautionary measures, if controverted, or impeachment.
offered for another purpose
……………………………offering to furnish, accepting, or offering to accept, a valuable consideration to settle a disputed claim is not admissible to prove liability or amount of damages
Evidence of furnishing,
Evidence of the following is not generally admissible against the defendant:
- Plea of guilty later withdrawn;
- Plea of nolo contendere later withdrawn;
Statements made in the course of plea discussions with an attorney for the prosecuting authority.
Evidence that person was or was…………………………is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.
not insured against liability
Mention the Privileges pairs
- Lawyer-client privilege.
- Husband-wife privilege.
- Clergy- penitent privilege.
- Physician-Patient privilege.
Give an example of Plea of nolo contender
Spiro Agnew
…………..are what can’t be brought as evidence into court
Privileges
Privileges can only be…………………….by the client
Waived
Every person is competent to be a witness except:
- Insane persons who are insane at the time they are offered as a witness or at the time of the events about which they are to testify; and
- Children who appear not to possess sufficient intellect to relate transactions with respect to which they are interrogated
Before testifying, every witness shall be required to declare that the witness will testify truthfully, by,………………………………. administered in a form calculated to awaken the witness’ conscience and impress the witness’ mind with the duty to do so.
oath or affirmation
Evidence of the beliefs or opinions of a witness on matters of………………… is not admissible for the purpose of showing that, by reason of their nature, the witness’ credibility is impaired or enhanced.
religion
The scope of direct examination is limited by the…………………
pleadings
When evidence is not relevant under the pleadings, it should…………….
not be admitted.
Under Texas law, there is a right of………………………….cross-examination. TRE 611(b).
FULL AND COMPLETE
…………………………..may not be used on direct exam, unless the witness is declared to be a hostile witness but, may be used on cross examination.
Leading questions
………………………. may be used on cross examination.
Leading questions
On…………………………, the party may ask the witness to explain answers given on cross and amplify new material elicited for the first time.
redirect
What is a hostile witness?
Is a person who has a position that is leaned over to the other side.
Give an example of a hostile witness
Caito Kleiman
……………………………., the party may ask the witness to explain answers given on redirect and to amplify new material elicited for the first time.
On recross
Answers to ……………..cannot be used as evidence by the party who answered them.
Rogs (interrogatories)
The Rogs are considered …………….once they are admitted into evidence.
evidence
To offer Rogs into evidence, mark them as an ……………………
exhibit
You address the court by saying………………..
May I approach the witness?”
The most common way in which a witness is impeached is by using a ……………………………
PRIOR INCONSISTENT STATEMENT
To impeach by an earlier statement, the lawyer must………………………….
- tell the witness about the content of the earlier statement and when, where, and to whom it was made, and
- give the witness an opportunity to explain or deny circumstances or statement.
An out-of-court statement offered in court
to prove the truth of the matter asserted is called…………..
Hearsay
Hearsay is………………..
AN OUT-OF-COURT STATEMENT OFFERED IN COURT
TO PROVE THE TRUTH OF THE MATTER ASSERTED
Hearsay is not admissible, except as provided in the ………………………
TRE
Impeaching a witness is to prove they are………….
Laying
Mention the exceptions of hearsay……..
Prior statement by a witness;
Statement made about the identification of a person after perceiving the person;
Admission by a party opponent;
Statements made in depositions Present sense impression;
Excited utterance;
Then existing mental, emotional or physical condition;
Statements for medical diagnosis;
Recorded recollection;
Records of regularly conducted activity; Absence of entry in records of regularly conducted activity;
Public records and reports;
Records of vital statistics;
Absence of public record or entry;
Records of religious organizations;
Marriage, baptismal, similar certificates
Family records;
Records of, and statements in, documents affecting an interest in property and ancient documents; Market reports, commercial pubs;
Learned treatises;
Reputation concerning personal or family history;
Reputation concerning boundaries or general history;
Reputation as to character;
Judgment of previous conviction;
Judgment as to personal, family, or general history, or boundaries;
Statement against interest.
……………..is a doctrine of evidence applied by a court that allows the court to recognize and accept the existence of a particular fact
Judicial notice
……………….Is proof or attestations about an individual’s moral standing, general nature, traits, and reputation in the general community.
Character evidence
