Evidence

Question 1

What is required for habit evidence to be admissible?

Answer 1

For habit evidence of a person’s conduct to be admissible, it must be sufficiently specific

Question 2

What is logical v. legal relevance?

Answer 2

Logical = tendency to make a material fact more or less probative

Legal = relevancy substantially outweighs prejudice

Question 3

What is the prosecution’s burden in a criminal trial

Answer 3

The prosecution in a criminal trial is responsible for proving every element of a crime. Shifting the burden for the defendant to disprove is not allowed.

Question 4

When is judicial notice required and permissive?

Answer 4

Criminal = permissive (may accept the fact)
Civil = required (MUST accept the fact)

Question 5

When is evidence of the witness’ truthful character allowed?

Answer 5

Only if the character of the witness (truthfulness) has been attacked

Question 6

Does the FRE require that a witness have opportunity to explain or deny a prior inconsistent statement before introducing into evidence?

Answer 6

No

Question 7

Can evidence of a specific instance be used to impeach a witness or defendant?

Answer 7

Generally, the ways to impeach a witness are through truthfulness or inconsistent testimony. Specific instances or conduct cannot be used as evidence that a witness/defendant acted in a particular way on the occasion in question.

Question 8

When can a witness’ credibility be bolstered?

Answer 8

The credibility of a witness may not be bolstered. Evidence of the truthful character of a witness is admissible only after the witness’ character for truthfulness has been attacked.