Evidence

Question 1

When is a chain of custody authentication necessary?

Answer 1

When evidence can easily be tampered with or confused.

Question 2

Chain of Custody

Answer 2

A log or a system showing that the piece of evidence to be admitted has not been tampered with and who has handled said piece of evidence

Question 3

Hearsay

Answer 3

An out of court statement offered to prove the truth of the matter asserted

Question 4

Felony Convictions Hearsay Exception

Answer 4

Judgments of felony convictions are admissible in both criminal and civil actions to prove any facts essential to the judgment, whether the judgment arose after the trial or upon a guilty plea. In a criminal case it can be used for this purpose only against the accused.

Question 5

How to prove reliability of a treatise

Answer 5

1. Ask an expert on cross
2. Testimony of another expert saying its good
3. Judicial Notice

Question 6

Learned Treatise Hearsay Exception

Answer 6

A treatise is admissible when for impeachment or substantive evidence during expert testimony where the expert relied on the treatise or is being impeached with it.

It is used when:
1. Expert is on the stand and it is called to his attention
2. It’s established as reliable

The content of the treatise is hearsay because it is an out-of-court statement being offered for the truth of its contents. There is a hearsay exception that allows portions of learned treatises to be read into evidence, but this exception applies only when the treatise is being used on direct or cross-examination of an expert witness. The treatise is read into evidence only-it is not received by the jury as an exhibit.

Question 7

Impeachment

Answer 7

Casting of an adverse reflection on the veracity of a witness

Question 8

How to impeach a witness?

Answer 8

1. Cross-Examination
2. Extrinsic Evidence (another witness)

You can use character evidence of reputation or testimony, specific acts can not be proved by extrinsic evidence. Specific acts of misconduct that are probative of truthfulness may be inquired into on cross.

If using past recollection is recorded with extrinsic evidence, only the party who didn’t offer it may introduce it into evidence.

Extrinsic evidence also cannot be offered to refute the denial of a prior bad act to show truthfulness.

Prior Inconsistent statements can also be used about material parts of the testimony

A witness may be impeached by means of being interrogated upon cross-examination, at the discretion of the court, with respect to any act of misconduct that is probative of truthfulness (i.e., an act of deceit or lying). The cross-examiner must act in good faith with some reasonable basis for believing that the witness may have committed the bad act inquired about, but it is not required that the witness have been convicted of a crime.

Question 9

When is impeachment prohibited?

Answer 9

On a collateral matter because waste of time and not materially relevant.

Question 10

Collateral Matter

Answer 10

One not directly related to the case

Question 11

Statement against Interest hearsay exception

Answer 11

Statements of a person, now unavailable as a witness, against the person’s pecuniary, proprietary, or penal interest when named are admissible

Question 12

When are evidence of D’s other crimes admissible?

Answer 12

Evidence of the defendant’s other crimes or misconduct is inadmissible if offered solely to establish criminal disposition. A broad exception to the general rule permits evidence of other crimes or misconduct to be admitted if such acts are relevant to some issue other than the character of the defendant to commit the crime charged.

Question 13

Examples of Evidence Admissible Under Common Scheme

Answer 13

To show a signature crime therefore showing that it is a common scheme the D commits these crimes - needs to be more than one instance and needs to be identifiable

Question 14

Admitting Writings

Answer 14

Whenever there are writings there can be issues with authentication, best evidence, or hearsay.

Must be authenticated by proof showing that the wiring is what the proponent proclaims. Need proof that is sufficient to support a jury finding of genuineness.

A lay witness who has personal knowledge of the handwriting of the supposed writer may state his opinion as to whether the document is in that person’s handwriting.

A nonexpert can’t become familiar with the writing at trial, however, a jury may compare pieces of evidence to determine if they are the same handwriting.

Question 15

Former Testimony Hearsay Exception

Answer 15

The testimony of a now unavailable witness given at another hearing, made under oath, is admissible in a subsequent trial as long as there is a sufficient similarity of parties and issues so that the opportunity to develop testimony or cross-examine at the prior hearing was meaningful.

The party against whom the former testimony is offered must have had the opportunity to develop the testimony at the prior proceeding by direct, cross-, or redirect examination of the declarant.

Grand Jury testimony is inadmissible because there is no cross-examination.

Question 16

Real or Demonstrative Evidence

Answer 16

Admissible when relevant and authenticated. A photograph is authentication by testimony that the photo is faithful reproduction of the object or scene.

Question 17

Character Evidence

Answer 17

evidence of character to prove the conduct of a person is not admissible unless proof of the person’s character as a matter of substantive law is an essential element of a claim or defense in a civil action. This can be reputation, opinion, or specific acts. This is for crimes such as fraud, defamation, negligent entrustment, and child custody cases.

Character evidence is admissible if offered for noncharacter purposes, to show MIMIC - to show Motive, intent, Mistake (absence of), Identify, Common Scheme. This is only allowed if D is contesting one of the MIMIC categories. It can be used as part of the case in chief.

Question 18

Authenticating A Voice

Answer 18

Any person familiar with an alleged speaker’s voice may authenticate a recording by giving an opinion as to identity.

Question 19

Dying Declaration Hearsay Exception

Answer 19

A statement is admissible in a homicide or civil case when a now unavailable declarant made the statement while believing his death to be imminent and concerns the cause or circumstances of what he believed to be his impending death.

Declarant need not actually die, just be unavailable. Can’t just be a suspicion as to why they died

If this fails, can sometimes come in as an excited utterance.

Question 20

Prior Acts of Sexual Assault

Answer 20

In a criminal case where D is accused of sexual assault, prior acts of sexual assault may be considered on any matter to which it is relevant

Question 21

Judicial Notice

Answer 21

Judicial notice may be taken of facts that are not subject to reasonable dispute because they are generally known within the territorial jurisdiction of the trial court. The facts need not be known everywhere as long as they are known in the community where the court is sitting. The jury is not required to accept it as conclusive in a criminal case, the judge is to instruct them of that.

Question 22

When are you allowed to present character evidence of your own witness?

Answer 22

When credibility has been attacked by the defense. You can not bring an additional witness to bolster the credibility of the first witness.

You can impeach your own witness at any time, there is common wrong answer choices on the bar.

Question 23

Opinion Testimony by a Lay Witness

Answer 23

Where an event is likely to be perceived as a whole impression, rather than as more specific components, opinions by lay witnesses are generally admitted. These are on topics of general appearance or condition, state of emotion, matters involving sense recognition, voice or handwriting identification, speed of moving objects, the value of own services, rationality of another conduct, and intoxication.

The witness must have had the opportunity to observe the event that forms the basis of her opinion. A witness who has seen a person and is able to describe that person’s actions, words, or conduct may express an opinion as to whether that person was lucid or senile. One matter about which a lay witness may testify is the general appearance or condition of a person

Question 24

Expert Testimony

Answer 24

Expert testimony is admissible if:
(i) the subject matter is one where scientific, technical, or other specialized knowledge would help the trier of fact understand the evidence or determine a fact in issue;
(ii) the opinion is based on sufficient facts or data; (iii) the opinion is the product of reliable principles and methods; and
(iv) the expert has reliably applied the principles and methods to the facts of the case

Question 25

Statements regarding past symptoms and medical history

Answer 25

admissible to assist in dx or tx are admissible even if made to a doctor employed to testify.

Question 26

Statement of a Party Opponent

Answer 26

Considered non-hearsay and can be introduced against the opposing party. This allows for guilty pleas.

The statement need not be against interest when made, the declarant need not have personal knowledge of facts, the declarant doesn’t need to be unavailable, and the declarant must be a party.

Statements made by a party’s employee concerning a matter within the scope of his employment, made during the existence of the employment relationship, are attributable to the party as a “vicarious” opposing party’s statement.

Question 27

When is a witness unavailable?

Answer 27

A declarant is unavailable if:
Privilege: she is exempt from testifying because the court rules that a privilege applies,
Refusal to Testify: she refuses to testify despite a court order to do so
Incapacity: she is dead or ill and unable to testify
Subpoena Refused: she is absent and the statement’s proponent has been unable to procure her attendance or testimony by process or other reasonable means.
Memory: she testifies to not remembering the subject matter

The Supreme Court has held that the Confrontation Clause requires a greater showing of “unavailability” in criminal cases than in civil cases. Because all states permit the extradition of witnesses against the accused in criminal cases, a mere showing that a witness is incarcerated in a prison outside the state is insufficient to establish “unavailability.” In contrast, the reach of the process in civil cases is more limited and the Confrontation Clause does not apply. A mere showing that the witness is incarcerated in a prison out of state will suffice to show unavailability in a civil case.

Question 28

Inadmissible Hearsay Examples

Answer 28

withdrawn guilty pleas, pleas of nolo contendere offer to plead guilty, and evidence of statements made in negotiating such pleas are not admissible in any proceeding against the defendant who made the plea or participated in the plea discussions

Question 29

Defendant Impeachment in a Criminal Case

Answer 29

If the defendant testifies about their character for truthfulness or puts themselves on the stand, they put their credibility at issue and open the door for the prosecution to bring opposing evidence to impeach the defendant. Substantive character evidence is not allowed, just impeachment character evidence.

Question 30

Relevance

Answer 30

Evidence Offered to make a material fact more or less probable

Question 31

Non Hearsay

Answer 31

1. When it is not an out-of-court statement offered to prove the truth of the matter asserted
2. Admissions
3. Prior statements of a testifying witness that are prior consistent statements, prior statements of identification, or prior inconsistent sworn testimony

Question 32

Impeachment Methods

Answer 32

Prior Inconsistent Statements
Bias
Prior Convictions
Specific acts of untruthfulness
Reputation or Opinion Testimony

Question 33

Most Common Hearsay Exceptions

Answer 33

Present Sense Impression
Excited Utterance
Statement of medical or physical injury
Statement of Medical diagnosis or treatments
Recorded Recollection
Business Records
Former Testimony (unavailability requirement)
Dying Declaration (unavailability requirement)
Statements Against Interest (unavailability requirement)

Question 34

Character Evidence for a Victim in a Criminal Case

Answer 34

D can introduce a bad reputation or opinion evidence of the victim. P can offer good character evidence against a victim when the defendant opens the door and presents bad character evidence.

Evidence of a victim’s character can also be offered to prove D’s state of mind at the time of the altercation if D knew the victim had a violent reputation or committed violent crimes in the past to show the D acted reasonable in responding to aggression.

Question 35

Grounds for Excluding Relevant Evidence

Answer 35

Probative value outweighs prejudice
cumulative evidence
waste of time
confusion about the issues
Unfair Surprise is not grounds for excluding relevant evidence.

Question 36

Confrontation Clause

Answer 36

an accused has the right to be confronted by the witnesses against him. A hearsay statement that falls into an exception won’t be admitted under this if the statement is offered against an accused in a criminal case, the declarant is unavailable, there is no opportunity to cross-examine prior to trail and the statement is testimonial in nature.

Question 37

When is hearsay inadmissible

Answer 37

When there is no exception and even if it falls within a hearsay exception-when: (i) the statement is offered against the accused in a criminal case; (ii) the declarant is unavailable; (iii) the statement was testimonial in nature, and (iv) the accused had no opportunity to cross-examine the declarant’s “testimonial” statement prior to trial.

Question 38

Non-Testimonial Statements Made to Police

Answer 38

if the primary purpose of police interrogation is to enable the police to help in an ongoing emergency, statements made in the course of the interrogation are nontestimonial. When the primary purpose of the interrogation is to establish or prove past events potentially relevant to a later criminal prosecution, statements are testimonials.

Question 39

Public Records Hearsay Exception

Answer 39

Public records are admissible when the record sets forth the activities of the office or agency, recording of matters observed pursuant to a duty but not police observations in a criminal case, and if offered against the government records of factual findings from an investigation authorized by law.

The writing must have been made within the scope and duty of the public employee.

Evidence in the form of a certification or testimony from the custodian of public records that she has diligently searched and failed to find a record is admissible to prove that a matter was not recorded, or, inferentially, that a matter did not occur.

Look for hearsay within hearsay, people who are outsiders to the organization may make statements within the records.

Question 40

Excited Utterance Hearsay Exception

Answer 40

A statement made that relates to a startling event is admissible when made under the stress of the excitement caused by the event.

Sometimes, if a dying declaration fails it can come in as an excited utterance.

Can have both present sense impression and excited utterance, address both in an essay.

Question 41

Present Sense Impression

Answer 41

A statement made that describes or explains an event or condition made while or immediately after the declarant perceives the event. The condition or event doesn’t need to be startling.

Can have both present sense impression and excited utterance, address both in an essay.

Question 42

Testimonial statement

Answer 42

statements to police when the primary purpose is for investigation. No testimonial when trying to help police address an ongoing emergency.

Question 43

Prior Identification

Answer 43

prior statements of identifying a person they perceived earlier are not hearsay if the declarant testifies at trial and is subject to cross.

A testifying witness’s prior statement of identification is admissible regardless of whether the witness’s current testimony has affirmatively harmed the examiner’s case

An out-of-court statement of identification made by a non-testifying declarant is hearsay.

Question 44

Partial Evidence

Answer 44

When part of an act, conversation, or writing is introduced into evidence, the Federal Rules provide that the adverse party may compel the proponent of the evidence to introduce any part thereof that ought, in fairness, to be considered at the same time.

Question 45

Business Records Hearsay Exception

Answer 45

A writing or record made as a memorandum or record of any act, transaction, occurrence, or event is admissible as proof of such act, transaction, occurrence, or event if it was made in the course of a regularly conducted business activity and if it was customary to make the type of entry involved.

The business record must consist of matters within the personal knowledge of the entrant or within the personal knowledge of someone with a business duty to transmit such matters to the entrant. The entry must have been made at or near the time of the transaction.

Often there is hearsay within hearsay. This is when there are statements from people outside the organization inside the document.

Question 46

Attorney-Client Privilege

Answer 46

There is no privilege regarding communication that is relevant to an issue of breach of duty by the attorney to his client or by the client to his attorney. This applies when the client is talking to a consulting doctor when the doctor is not called as a testifying expert.

Question 47

Recorded Recollection Hearsay Exception

Answer 47

When a witness states that he has an insufficient recollection of an event to enable him to testify fully and accurately, even after he has consulted a memorandum or other record given to him on the stand, the record itself may be read into evidence if a proper foundation is laid for its admissibility. The witness must have insufficient recollection, he had personal knowledge of the facts when the record was made, the record was made or adopted by the witness, and the record was made when the matter was fresh in the witness’s mind, and the witness vouches for the accuracy.

Recorded recollection may not be received by the jury as an exhibit unless offered by the adverse party; it can only be read into evidence otherwise.

Question 48

How to determine if a hearsay exception is met?

Answer 48

All preliminary fact questions that determine the applicability of an exception to the hearsay rule must be determined by the judge because the competency of the evidence will depend on that preliminary fact determination. In making this preliminary fact determination, the trial court may consider any nonprivileged relevant evidence, even if such evidence would not be admissible at trial.

Question 49

Negligence Cases Evidence

Answer 49

a statement of warning is admissible for the limited purpose of showing knowledge or notice on the part of a listener in a negligence

Question 50

Present State of Mind Hearsay Exception

Answer 50

A statement of a declarant’s then-existing state of mind is admissible when the declarant’s state of mind is directly in issue and material to the controversy, or as a basis for a circumstantial inference that a particular declaration of intent was carried out. THis is when the statement directly assert his own emotion, intent, or motive, or otherwise describe his present state of mind

Question 51

Prior Inconsistent Statement

Answer 51

A prior inconsistent statement made under penalty of perjury at a prior trial or proceeding, during a grand jury, or in a deposition, is admissible non-hearsay and thus may be used as substantive evidence as well as for impeachment.

If it was not sworn it can only be used for impeachment purposes.

A witness’s present lack of memory of a fact is generally not inconsistent but if the witness remembers the fact on the stand but not when they gave the prior statement, the earlier lack of memory is generally considered inconsistent.

Extrinsic evidence can be admissible to prove a prior inconsistent statement when the witness is given an opportunity either before or after introduce of the evidence to explain or deny and the adverse party is given an opportunity to examine the witness about the statement.

Question 52

Photograph as Evidence

Answer 52

a photograph must be identified by a witness as a portrayal of certain facts relevant to the issue, and verified by the witness as a correct representation of those facts.It is sufficient if the witness who identifies the photograph is familiar with the scene or object depicted. It is not necessary to call the photographer to authenticate the photograph.

Question 53

Evidence of Subsequent Remedial Measures

Answer 53

for public policy reasons, evidence of repairs or other precautionary measures made after an injury is inadmissible to prove a defect in a product or design, need for warning or instruction, negligence, or culpable conduct. However, such evidence may be admissible for other purposes such as to rebut a claim that the repair or precaution was not feasible, prove ownership or control, impeachment, as part of an admission, or to prove destruction of evidence.

Question 54

Statement Against Interest Hearsay Exception

Answer 54

The statement must have been against interest while made. This is against pecuniary, proprietary, or penal interest. The declarant must have personal knowledge of the facts, the declarant must be unavailable, declarant need not be a party.

Question 55

Declaration of Present Physical Sensation Hearsay Exception

Answer 55

Statements of symptoms being experienced, including the existence of pain, are admissible under the Federal Rules, even if not made to a doctor or other medical personnel

Question 56

Prior Crimes of Dishonesty

Answer 56

The prosecution is permitted to inquire into prior convictions of crimes requiring proof or admission of dishonesty or false statement unless over 10 years have passed since the date of conviction or date of release from confinement (whichever is later).

Question 57

Rule 403 Balancing Test

Answer 57

ADD

Question 58

Evidence of Offers to pay Medical Bils

Answer 58

evidence of offers to pay medical expenses is not admissible to prove culpability, but statements made in connection with such offers to pay medical bills are unless those statements are of settlement negotiations. Then they are inadmissible because the settlement negotiations rule applies.

Question 59

Evidence of Prior Sexual Behavior

Answer 59

Inadmissible, allowed to instances to show consent, however.

Question 60

Witness Testimony from Another Hearing

Answer 60

The testimony of a witness who is unavailable, given at another hearing, is admissible in a subsequent trial if there is sufficient similarity of parties and issues so that the opportunity to develop testimony or cross-examination at the prior hearing was meaningful.

Question 61

Burden of Persuasion

Answer 61

The burden of persuasion does not shift from party to party during the course of a trial. Because the plaintiff sued the defendant for the debt, the plaintiff has the burden of persuasion when the time for the jury to make a decision arrives. The burden stays on P if the defendant’s testimony raises a rebuttable presumption, a presumption doesn’t shift the burden of persuasion.

Question 62

The burden of Going Forward with the Evidence

Answer 62

The burden of going forward with the evidence is the burden of producing sufficient evidence to create a fact question of the issue involved. If a plaintiff makes out a prima facie case, he has met his burden of going forward with the evidence, and the burden shifts to the defendant.

Question 63

Statements in a document affecting an interest in property

Answer 63

Statements in a document affecting an interest in property are admissible if they are relevant to the purpose of the document.

Question 64

Defendant’s Own Character

Answer 64

A criminal defendant may introduce evidence of his own good character for a pertinent trait to show that he did not commit the alleged crime. However, such evidence may be presented in the form of reputation and opinion testimony only; specific acts are not allowed.

Question 65

Prior Consistent Statements

Answer 65

a witness’s testimony cannot be bolstered until the witness has been impeached. Once the witness’s testimony has been impeached, prior consistent statements are admissible in certain circumstances to rehabilitate the witness. If admissible to rehabilitate, prior consistent statements are excluded from the definition of hearsay and are admissible as substantive evidence.

Question 66

Scope of Cross-Examination

Answer 66

he scope of cross-examination is generally limited to: (i) matters brought up on direct examination; and (ii) matters concerning the witness’s credibility (i.e., impeachment).

Question 67

Good Character Evidence of a Witness

Answer 67

Once a witness is impeached with evidence of his bad character for truthfulness, he may be rehabilitated with reputation and opinion evidence of his good character for truthfulness. The rehabilitation must be offered for what they were attacked for.

Question 68

Hearsay within Hearsay

Answer 68

A hearsay statement that incorporates other hearsay within it is known as “hearsay within hearsay” or “multiple hearsay.” Hearsay within hearsay is admissible only if both the outer hearsay statement and the inner hearsay statement fall within an exception to the hearsay rule. Note that in the context of the hearsay within the hearsay rule, a statement that is categorized as non-hearsay (e.g., an opposing party’s statement) functions like a hearsay exception.

Question 69

Spousal Testimony Privilege

Answer 69

Prevents a spouse from being compelled to testify against her spouse in a criminal case. Only claimed by the testifying spouse. Only used during the marriage. Covers info learned during and before the marriage.

Question 70

Marital Communications Privilege

Answer 70

Applies in both criminal and civil cases, survives termination of the marriage, and may be claimed by either spouse. Only covers info during the marriage. Survives the marriage.

Question 71

Can a judge call a witness?

Answer 71

The judge may call and examine the witness, but the parties are entitled to cross-examine the witness. A court is entitled to examine any witness called by any party, and may also call a witness on its own or at a party’s request

Question 72

Witness Competency

Answer 72

To be a competent witness, the witness must have personal knowledge of the matter and be willing and able to testify truthfully. The first requirement is satisfied if the witness observed the matter and has a present recollection of his observation.

Question 73

Admissibility of Settlement Offers

Answer 73

Statements made during settlement offers or in the context of settlement negotiations are inadmissible on public policy grounds to prove or disprove the validity or amount of a claim, to impeach by prior consistent statement or contradiction. It is admissible for all other purposes.

Question 74

Habit Evidence

Answer 74

Evidence of a person’s habit is admissible as circumstantial evidence that a person acted in accordance with the habit on the occasion at issue in the case. Habit is a regular response to a specific set of circumstances. Look for words like always, invariably, instinctively, and automatically.

Question 75

Statements about Liability insurance

Answer 75

Admissible to show ownership or control, to impeach, or as part of an admission of liability. It is inadmissible to prove negligence or ability to pay.

Question 76

Defendant’s Character Witness Scope of Cross

Answer 76

Any misconduct including prior arrests, may be inquired into on cross, and no extrinsic evidence may be introduced. Allowed to ask if aware of the prior arrest of the D but not allowed to impeach a witness with their own arrest.

Question 77

Autherticantion by Ancient Document Evidence

Answer 77

a document can be authenticated by ancient documents. This applies to all documents, if a document is 20 years old, there are no suspicions as to authenticity and was found in a place such writing was to be kept.

Question 78

Best Evidence Rule

Answer 78

Photocopies are usually treated the same as originals while handwritten copies are considered secondary evidence and are admissible if the original or photocopy is unavailable.

Question 79

Dead Man Act

Answer 79

Not in federal only in state law, these statutes provide that in a civ case, an interested person is incompetent to testify to a personal transaction or communication with a deceased when such testimony is offered against a representative or successor in the interest of the deceased. A federal court might apply this rule based on the Erie Doctrine where a state the federal court sits has this rule.

Question 80

Present Recollection Refreshed

Answer 80

This is not a hearsay issue. A witness can be given any document to refresh his memory. The adverse party is allowed to have the writing produced at trial, cross-examine the writing, and introduce portions of the writing relating to the witness’s testimony. The witness may not read from the writing.

Question 81

Lay Witness Testimony

Answer 81

Lay opinion testimony is admissible when: (i) it is rationally based on the perception of the witness; (ii) it is helpful to a clear understanding of his testimony or to the determination of a fact in issue; and (iii) it is not based on scientific, technical, or other specialized knowledge.

Question 82

Bias

Answer 82

Evidence that a witness is biased or has an interest in the outcome of a case tends to show the witness has a motive to lie. A witness can be impeached with this evidence when they are first asked about the facts that show bias or interest on cross. Discretion is at the court to admit extrinsic evidence of bias, evidence that is otherwise inadmissible like arrests or liability insurance, may be introduced if relevant to bias.

Question 83

Vicarious Statements

Answer 83

Certain statements made by one party are admissible against another party because of their close relationship.

Co-parties: No sufficient relationship
Authorized Spokes Person: Can be admitted
Agents and Employees: Admissible only if concerned a matter in the scope of employment and was made during the existence of the relationship

Question 84

Statement of Personal or Family History

Answer 84

Admissible when the declarant is unavailable and the statement is being introduced by a family member or one intimately associated with the family. This includes things like birth, death, and marriage.

Question 85

Statement offered against party procuring declarant unavaibliy

Answer 85

Statements of a person who is now unavailable as a witness are admissible when offered against a party who procured the D’s unavailable. This is for example if someone paid off the witness to not testify at trial.

Question 86

Statements Made for Medical Diagnosis or Treatment Hearsay Exception

Answer 86

Admissible when given for the purposes of diagnosis or treatment. Usually made to medical personnel but don’t have to be. Only portions for medical treatment/diagnosis or admissible anything else attached to the statement is inadmissible.

Question 87

Present Bodily Condition Hearsay Exception

Answer 87

Admissible when there is a spontaneous declaration of physical symptoms of then feeling pain.

Question 88

Ancient Document Hearsay Exception

Answer 88

Allowed in when statements in an authenticated document prepared before 1998

Question 89

Documents Affecting Property Interest Hearsay Exception

Answer 89

Statements are admissible if they affect an interest in property like a deed or a will

Question 90

Reputation Hearsay Exception

Answer 90

Reputation evidence about a person’s character, personal or family history, and land boundaries, or a communities general history is allowed in

Question 91

Family Records Hearsay Exception

Answer 91

Statements found in family biles, jewerley engravings, or tomb stones are allowed in.

Question 92

Market Reports Hearsay Exceptions

Answer 92

Market reports and public compilation generally relied upon by the public are allowed in.

Question 93

Waiver of Privilege

Answer 93

A privilege is waived when there is a failure to claim the privilege, voluntary disclosure of the privileged information is given, or there is a contractual provision waiving such privilege. A privilege is not waived when someone wrongfully discloses info without the privilege holder’s consent.

Question 94

When is state law privilege applied?

Answer 94

Diversity Cases