Evidence

Question 1

Reasons to admit evidence of other crimes

Answer 1

MIMIC
Motive
Intent
Mistake (absence of)
Identity
Common scheme

Question 2

hearsay exclusions (2)

Answer 2

prior statement of a testifying witness

opposing party’s statement

Question 3

hearsay exceptions - party unavailable (5)

Answer 3

1. former testimony
2. statement against interest
3. dying declaration (civil/homicide only)
4. personal/family history
5. against party procuring unavailability

Question 4

proper factual basis for expert witnesses

Answer 4

• own observations
• hypos/facts at trial
• facts outside court reasonably relied upon in the field

Question 5

Daubert factors

Answer 5

TRAP
Testing
Rate of error
Acceptance
Peer review/publication

Question 6

rules for prior convictions for impeachment

Answer 6

• felony/misdemeanor involving dishonesty –> MUST admit
• other felonies:
• ->criminal defendant: exclude if not proven that probative value outweighs its prejudicial effect
• ->civil defendant: exclude if probative value is substantially outweighed by prejudicial effect
• remote convictions: exclude if probative value substantially outweighs prejudicial effect + give party written notice

Question 7

judge vs. jury roles on preliminary questions

Answer 7

jury decides on RELEVANCE: authenticity, agent status, personal knowledge (judge just decides if a jury COULD find)

judge decides on ADMISSIBILITY: competency of witnesses, privileges, hearsay exceptions

Question 8

judicial notice

Answer 8

conclusive on the jury in a civil case

not conclusive in a criminal case (just satisfies burden of production)

Question 9

when is an expert witness appropriate

Answer 9

1. where specialized knowledge would be helpful
2. based on sufficient facts/data
3. witness is qualified
4. has a proper factual basis

Question 10

where is a lay witness appropriate

Answer 10

• rationally based on the perception of the witness
• helpful to a clear understanding of testimony/determination of a fact
• not based on scientific, technical, specialized knowledge

Question 11

where impeachment is allowed by extrinsic evidence

Answer 11

• prior inconsistent statement
• bias
• sensory deficiency
• contradiction (unless impeaching fact is collateral)
• prior convictions

Question 12

where impeachment is allowed by reputation/opinion evidence only

Answer 12

• opinion/reputation for untruthfulness

- prior bad acts of untruthfulness

Question 13

testimonial vs. non testimonial

Answer 13

testimonial = primary purpose of interrogation is to establish or prove past events potentially relevant to a later criminal prosecution

non testimonial = primary purpose is to help police address an ongoing emergency