Evidence

Question 1

Hearsay- definition

Answer 1

Hearsay is an out-of-court statement offered for the truth of the matter asserted.

Question 2

Non-hearsay

Answer 2

admissible substantively

1) admissions
2) vicarious admissions
3) adoptive admissions
4) prior consistent statement
5) prior sworn inconsistent statement
6) prior ID

Question 3

Non-hearsay: Admissions

Answer 3

a statement made by a party

Question 4

non-hearsay- vicarious admissions

Answer 4

statements made by employees about company

Question 5

non-hearsay- adoptive admissions

Answer 5

the party does not respond when a reasonable person would object

Question 6

non-hearsay- prior consistent statement

Answer 6

1) prior statement by the declarant
2) same as current testimony
3) to refute the charge of fabrication or motive

Question 7

non-hearsay- prior sworn inconsistent statement

Answer 7

1) prior statement by the declarant
2) made under oath
3) INCONSISTENT with current testimony

Question 8

non-hearsay- prior identification

Answer 8

declarant testifying about an earlier identification

Question 9

Relevancy

Answer 9

evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Question 10

Character evidence general rule

Answer 10

evidence of a person’s character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character trait

Question 11

Witness’s character for truthfulness

Answer 11

A witness may be impeached with specific instances of conduct if 1)they are probative of untruthfulness, and 2)the cross-examining lawyer has a good faith basis for believing specific instances occurred.

Question 12

Character evidence of criminal Defendant

Answer 12

in a criminal case, D can offer evidence of a pertinent trait of his own character regarding the charges against him by calling a witness to testify

Question 13

character evidence- MIMIC

Answer 13

specific instances (crimes, wrongs) may be used to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake

Question 14

Hearsay exception- Present sense impression

Answer 14

1. statement describe an event; 2. be made while perceiving the event or immediately after

Question 15

Hearsay exception- excited utterance

Answer 15

1. about a startling event; 2. related to that event; and 3. made while the declarant was under the stress of excitement caused by the event

Question 16

Hearsay exception- medical diagnoses

Answer 16

1. made for medical diagnosis or treatment; 2. be reasonably pertinent to medical diagnosis or treatment; and 3. describe the medical history, past or present symptoms, or the inception or general cause

Question 17

Impeachment by a prior felony conviction

Answer 17

witness’s character for truthfulness may be impeached with their conviction of ANY felony as long as 10 years have not gone by or balancing test favoring admitting

Question 18

Impeachment by prior crime/conviction for dishonesty

Answer 18

a witness’s character for truthfulness may be impeached through a prior conviction of ANY crime that involves deceit or a false statement

Question 19

Impeachment of a witness’s character for truthfulness with specific instances of conduct

Answer 19

a witness may be impeached with specific instances of conduct if: 1) they are probative of untruthfulness, and 2) the cross-examining lawyer has a good faith basis for believing specific instances occurred

Question 20

Impeaching witness with a prior inconsistent statement

Answer 20

a witness may be impeached with the prior inconsistent statements. Are hearsay unless the prior statement was made under oath

Question 21

Impeaching hearsay declarant

Answer 21

a hearsay declarant may be impeached just as if he had testified live