Evidence

Question 1

Judicial Notice of Law

Answer 1

Courts must take judicial notice of Fed and State law but they MAY take notice of municipal ordinance or private resolutions of Congress or state legislature. Foreign laws can also be judicially noticed.

Question 2

Handwriting Verifications

Answer 2

The evidence may be the opinion of a non expert with personal knowledge or an expert who has compared the writings. It can also be determined through comparison by fact finder. Nonexpert cannot become familiar for the purposes of testifying compare w voice where you can

Question 3

Past Recollection Recorded - Recorded Recollection

Answer 3

1. Personal knowledge
2. Made by the witness or adopted by the witness
3. Timely made when the matter was still fresh
4. The record accurately reflects the witnesses knowledge
5. The witness has insufficient recollection to testify fully and accurately

Question 4

Unavailability

Answer 4

1. Exempt because of privilege
2. Refuses to testify
3. Testifies but dies not remember
4. Unable to testify because of death or mental or physical illness
5. Absence

Question 5

Hearsay exceptions unavailability material

Answer 5

1. Former testimony
2. Statements against interest
3. Statements about familial history
4. Dying declaration
5. Statements offered against party procuring declarants unavailability