Evidence

Question 1

Fairness Rule for Introducing Evidence

Answer 1

OpCo can introduce any other part, etc. that should be considered contemporaneously.

Question 2

Judicial Notice (MAY)

Answer 2

(i). Special/Local/Private Acts by Congress; (ii) Decisional, constitutional, and public stat law of every other state, territory, jurisdiction of the US; (iii) foreign laws by state or state orgs (UN)

Question 3

403

Answer 3

probative value substantially outweighs

Question 4

Character Evidence Admissibility Exceptions

Answer 4

(i). Pertinent trait offered by accused or by OpCo to rebut trait (Direct has to open door); (ii) crime victim’s pertinent trait or by pros. to rebut trait; (iii) vic’s trait of peacefulness by pros. to rebut evidence that vic was aggressor.

Question 5

When SIC is allowed.

Answer 5

Motive, Intent, Opportunity, preparation/plan, knowledge, identity, absence of mistake. Otherwise can’t just use it to bash character.

Question 6

Character proving only allowed by _________

Answer 6

Reputation; SIC when essential element of a charge, claim, or defense.

Question 7

Offers & Settlements

Answer 7

Inadmissible, on a claim in dispute (Remember the stupid question on this)

Question 8

ACP

Answer 8

Usual + personal rep of the deceased; successor, trustee, assignee of org/corps/association.

Question 9

No ACP When:

Answer 9

Usual + relevant issue between parties of a dead client; personal rep of deceased patient (psychotherapist)

Question 10

Husband/Wife Privilege

Answer 10

Stuff only while they were married. Same with conservator/guardian of the spouse.

Question 11

Truthful Character

Answer 11

Evid for Truthful Character only Admissible when attacked by reputation evidence.

Question 12

Extrinsic Evidence of Prior Inconsistent Statement:

Answer 12

Inadmissible unless OpCo has opportunity to interrogate witness on it.

Question 13

Introduction of Previous Crimes for Impeachment

Answer 13

Any CONVICTION for a crime carrying jail sentence for year (or death penalty) or crime of dishonesty/false statement.

Exceptions: Remoteness, Juvenile Convictions.

Question 14

Interrogation of Witnesses by Court

Answer 14

Can be done whether called by court or party for interests of justice.

Question 15

Exclusion of Witnesses

Answer 15

Criminal Case: (i) Vic; (ii) Vic’s next of kin; (iii) parent/guardian of minor; (iv) or lawful representative of person. Of course, court can say otherwise with motion on the issue.

Question 16

Lay Witness Opinion

Answer 16

Can do it if they are being lay about it. (No special knowledge, skill, experience, or training).

Question 17

No opinions allowed when

Answer 17

It’s about character.

Question 18

Expert Testimony

Answer 18

Sufficient facts/data, reliable principles/methods; all applied to current case. Be careful about the fuckery of questions as to whether Expertise was needed when Counsel relies on it.

Question 19

Expert Methodology

Answer 19

Experts can say based upon their expertise, on Cross, have to prove it with facts/data. Voir Dire of witness can also occur where hearing is conducted outside of jury.

Question 20

Hearsay Exceptions

Answer 20

(i) Spontaneous; (ii) Excited Utterance (watch for timing); (iii) Existing mental, emotional, physical condition; (iv) Medical Diagnosis/Treatment (watch for third-party/unqual’d people); (v) Recorded Recollection; (vi) Family Records; (vii) former testimony (hearing - careful on questions as to “what” a hearing is).

Question 21

Statement against Interest

Answer 21

“So far contrary”

Question 22

Hearsay - Legal Operative Fact

Answer 22

OoC statements on contracts (LOF) aren’t hearsay. Can admit all the stuff.