Evidence

Question 1

What must one show to admit real evidence (like a blood sample from a crime scene)?

Answer 1

Real evidence must be authenticated– identified as being what its proponent claims it is.

If it can confused or easily tampered with, a chain of custody must be established–a substantially unbroken chain of possession.

Adherence to some **system **of identification and custody must be shown.

Question 2

HS: records of felony convictions

Answer 2

Records of Felony Convictions are a HS exception; they are admissible in both criminal and civil cases to prove any fact essential to the judgment.

Question 3

When can a learned treatise be introduced and for what purpose?

Answer 3

A learned treatise may be intorduced to impeach an expert and as substantive evidence.

HS exception for learned treatises exists when: **(i) an expert is on the stand and (ii) the expert establishes the treatise as reliable authority. **

NOTE: it can only be **read **into evidence

To impeach an expert witness, their credibility as to their knowledge of their field can be attacked.

This can be done by cross-examining them using a publication that is established as reliable authority.

Reliability of a publication may be established by: (i) the tesfying expert’s admission, (ii) testimony of another expert, or (iii) judicial notice.

Question 4

effect on the listener

Answer 4

HS is an out of court statement offered to prove the truth of the matter asserted

A statement offered to prove the effect on the listener is NOT HS.

In a negligence case, where knowledge of a danger is at issue, a person’s warning statement is admissible to show the listener had knowlege of the danger.

Question 5

define impeachment

Answer 5

Impeachment is casting doubt on the credibility of a witness.

Can be done by cross or by extrinsic evidence (like putting on another witness with contradicting testimony).

Question 6

what is required for authenticity of a writing

Answer 6

Before a writing may be received in evidence, it must be authenticated by proof showing that the writing is what the proponent claims it is.

All that is necessary is proof sufficient to support a jury finding of genuineness.

As long as no other evidence issue, its admissable, but its up to the jury to decide whether they think its authentic or not.

Question 7

HS exception: former testimony

Answer 7

only when declarant UNAVAILABLE

declarant’s former testimony given under oath admissable if

opponent had opportunity + similar motive to cross-x the declarant