Evidence

Question 1

Hearsay

Answer 1

Hearsay is an out of court statement offered to prove the truth of the matter asserted. Hearsay is not admissible unless an exception applies.

Question 2

Excited Utterance

Answer 2

Excited utterance is an exception to hearsay and will be admissible. An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused

Question 3

Present Sense Impression

Answer 3

A present sense impression is a statement describing or explaining an event or condition made while or immediately after the declarant perceived it

Question 4

Statement for Purpose of Medical Treatment/Diagnosis

Answer 4

These statements must be made for and reasonably pertinent to medical diagnosis or treatment, and describe medical history, past or present symptoms and their inception or general cause.

Question 5

Business Records

Answer 5

A business record is a record of acts, events, opinions, etc. that is made at or near the time of the event and is recorded by a person with knowledge of the event. The record must occur in the course of a regularly conducted business activity and must be there regular practice of the business to make such a record.

Question 6

Recollection Recorded

Answer 6

A record that is on a matter that the witness once knew about, but now cannot recall well enough to testify about, which was made while the matter was fresh in the witness’s mind, may be read into evidence

Question 7

Then-Existing State of Mind

Answer 7

A statement showing a declarant’s mental, emotional, or physical condition is not hearsay. This includes declarations of intent to do something in the future

Question 8

Prior Statement of Identification

Answer 8

A witness’s prior identification of a person is not considered hearsay if the declaring testifies at trial and is subject to cross.

Question 9

Opponent Party’s Statement

Answer 9

A statement made by an opposing party offered against the party is not hearsay

Question 10

Statement Against Interest

Answer 10

A statement that a reasonable person in the declarant’s position would not have made because it tends to show liability is an exception to hearsay. The declarant must be unavailable.

Question 11

Relevancy

Answer 11

Evidence is relative if it has any tendency to make a material fact more or less likely

Question 12

403 Balancing Test

Answer 12

Courts will admit all relevant evidence unless the probative value is substantially outweighed by the danger of prejudice.

Question 13

Impeachment- Bad Acts

Answer 13

Prior bad acts that are probative of a witness’s truthfulness are permitted for impeachment purposes. Extrinsic evidence is not permitted though. If the witness denies the act, can’t call other witnesses to refute

Question 14

Impeachment- Bias

Answer 14

Impeachment based on bias is permitted but the witness must be confronted on the stand. Extrinsic evidence can only used if the witness is asked about the bias first

Question 15

Impeachment- Contradiction

Answer 15

If the witness made a mistake or lied during her examination, she may be contradicted. Extrinsic evidence is only admissible if they don’t admit their mistake

Question 16

Character Evidence- Rule Statement

Answer 16

Character evidence is inadmissible to prove that someone acted in accordance with his character at the time the event occurred.

Question 17

Character Evidence- Civil

Answer 17

Character evidence is only permitted in civil cases when character is an essential element of the case. Usually, this is in cases involving negligent entrustment, defamation, or child custody.

Question 18

Character Evidence- Criminal

Answer 18

If the defendant in a criminal case introduces evidence of a relevant character trait, the prosecution may rebut this by using reputation, opinion, or cross-examining the defendant’s witness by asking about specific acts.

Question 19

Offers to Settle

Answer 19

An offer to settle is not admissible to prove the validity of a disputed claim

Question 20

Offer to Pay Medical Expenses

Answer 20

An offer to pay medical expenses is not admissible to prove liability or the existence of an injury, but statements made in connection with it may be permissible.

Question 21

Non Hearsay

Answer 21

The following are not hearsay and therefore admissible. Prior inconsistent statements and opposing party statements,

Question 22

Non hearsay- Prior Inconsistent Statement

Answer 22

A prior statement by a testifying witness is not hearsay if you the statement was given under oath, they are subject to cross examination, and the statement is inconsistent with current testimony. It can be used as substantive evidence.

Question 23

Confrontation Clause

Answer 23

A criminal defendant has the constitutional right to confront and cross-examine witnesses against him. This includes affidavits that summarize forensic findings. Admissible hearsay violates the clause when it is made by an unavailable declarant in a criminal case that is testimonial in nature.

Question 24

Refresh Recollection on Stand

Answer 24

When a witness used a writing to refresh their recollection on the stand, only the adverse party can introduce it into evidence, but either party can read it into evidence

Question 25

Lay Witness

Answer 25

Opinions by law witnesses are generally inadmissible. An exception is made though if the opinion is rationally based on the perception of the witness,helpful, and not based on scientific or specialized knowledge.