Evidence

Question 1

Past recollection recorded

Answer 1

1. Personal knowledge
2. Made by witness
3. Timely made
4. Accurately reflects witness knowledge
5. Insufficient recollection without

Question 2

Lay witness

Answer 2

1. Rationally based on witness perception
2. Helpful to trier of fact
3. Not based on specialized knowledge

Question 3

Expert testimony

Answer 3

1. Qualified expert
2. Specialized knowledge is helpful to trier of fact
3. Based on sufficient facts or data
4. Reliable principles or methods
5. Methods reliably applied

Question 4

Extrinsic evidence for prior inconsistent statement

Answer 4

1. Witness given chance before or after to explain or sent statement
2. Adverse party confront witness

Question 5

Witness inoeached by conviction

Answer 5

1. for truthfulnes crimes

2. Felony - 10 years ( judge may exclude at discretion)

Question 6

Bad act evidence to impeach witness

Answer 6

On cross

Probative of truthfulness

At judges discretion

Extrinsic evidence not permitted

Question 7

Extrinsic evidence of contradictory facts

Answer 7

1. Testimony on material issue
2. Fact significant to credibility
3. Testimony about a subject anout which opposing party otherwise precluded from offering

Question 8

Adoptive statement

Answer 8

1. Party heard
2. Capable of denying
3. Reasonable person would have denied

Question 9

Former testimony exception

Answer 9

1. Speaker unavailable
2. Testimony given under isth
3. Party against whom offered able to confront at former time ( grand jury is no!)
4. Adverse party was party in former action
5. Same subject matter as former action

Question 10

Dying declaration

Answer 10

Federal rule- need not die. Ok in civil

Traditional rule- must die, not in civil

Question 11

Excited utterance

Answer 11

Related to exciting event
Under excitement from event

No time to reflect

Question 12

Present sense impression

Answer 12

Described an event or condition

While or immediately after declarant perceives

Question 13

Record of a regular conducted activity

Answer 13

1. Business
2. Entry made in regular course of business
3. Personal knowledge
4. At or near time of event
5. Authenticity- custodian testifying or certifying

Question 14

Public records

Answer 14

1. Records serting forth activities of agency
2. Recording observed matters pursuant to a duty imposed by law ( except police in crim)
3. Civil actions against gov- records from investigation authorized by law

Question 15

Statement of absence of public record

Answer 15

1. Testimony or cert from custodian to show
2. Failure of diligent search

Event did not occur or was not recorded

Question 16

Confrontation clause

Answer 16

1. Offered against accused in crim
2. Declarant unavailable
3. Statement testimonial
4. Accused had no opportunity to cross

-> inadmissible unless tampered with witness