Evidence Flashcards
A judicially noticed fact must be accepted by the jury in what type of case?
Civil case
What are the four requirements for a recorded recollection hearsay exception?
1- the record is on matter the witness once knew about
2- the witness made/adopted record when the matter was fresh in their memory
3- the record accurately reflects the witnesses knowledge and
4- the witness states that she cannot recall the event well enough to testify fully and accurately even after consulting the record
When are leading question proper on direct?
When necessary to develop the witnesses testimony including
Preliminary background matters
Hostile witnesses and
Minors or those with difficulty communicating
When does the intentional destruction of evidence raise a presumption of inference that such evidence would have been unfavorable to the party that destroyed the evidence?
When the destruction was intentional;
The destroyed evidence was relevant to the issue the party seeks inference and
The alleged V acted with due diligence as to the destroyed evidence.
** rebuttable presumption
What five hearsay exceptions only apply when the hearsay declaring is unavailable?
FDA is against Personal and Family history causing unavailability
Former testimony
Dying declaration
Statement against interests
Statement of personal or family history
Statement offered against a party that wrongfully caused the de Lara ya unavailability.
When can evidence of the V good character be offered?
As rebuttal evidence of the V good character if the D introduced evidence of their bad character or
Can be offered as a character for peacefulness in a homicide case to rebut evidence the V was the first aggressor
If criminal case is over 10yrs old how can it be admitted?
403 probation value substantially outweighs its prejudicial effect and
The proponent gives the adverse party reasonable written notice of the intent to use the evidence.
What is the rule of completeness?
If a party introduces a writing or recorded statement, the adverse party may compel the introduction of an omitted portion, in fairness, it should be considered at the same time.
What is hearsay
An out of court statement by the declaring offered for the truth of the matter asserted.
***this is the declaring making a statement at a time other than while testifying at the current trial or hearing
What questions does a judge ask for an experts testimony to be used?
1- is the subject matter scientific, technical, or otherwise specialized and
2- will it help the trier of fact understand the evidence or determine a fact in issue
Requirement for a business record/ records of regularly conducted activity?
1- record was kept in the course of regularly conducted activity
2- the making of the record was a regular practice of the activity and
3- the record was made with someone with knowledge
Authenticating telephone convos
Can testify
1- caller recognized speakers voice
2- speaker knew facts only a particular person would know
3- caller dialed a number believed to be the speakers and the speaker identified himself upon answering or
4- caller dialed a business number and spoke to a person who answered about the business regularly conducted
When is the only time a juvenile adjudication is admissible?? Can impeach for this when
1-It is offered in a criminal case
2- an adults conviction for the offense would be admissible to attack credibility and
3- admitting the evidence is necessary to fairly determine guilt or innocence
What are three ways tangible evidence can be authenticated?
1- testimony of personal knowledge of the object
2- testimony of its distinctive characteristics
3- by chain of custody
Evidence is relevant when…
It makes a fact more or less probable than it would be without the evidence and the fact is of consequence in determine the action
