Evidence

Question 1

Relevance

Answer 1

Relevance evidence is concerned with 1) materiality and probativeness, 2) substance and content, 3) evidence’s proximity in time to events in question

Question 2

Direct Evidence

Answer 2

Very facts in dispute are communicated by one who has actual knowledge of those facts by means of his senses

Question 3

Circumstantial Evidence

Answer 3

Indirect evidence that relies on inference. its evidence of a subsidiary or collateral fact from which, alone or in conjunction with a cluster of facts, the existence of the material issue can be inferred

Question 4

When a trial judge has broad discretion to exclude relevant evidence

Answer 4

If its probabtive value is substantially outweighed by the danger of 1) unfair prejudice, 2) confusion of the issues, 3) misleading the jury, 4) undue delay, or 5) needless presentation of cummulative evidence

Question 5

When evidence of prior acts or crimes may be admissible

Answer 5

They are admissible to show 1) motive, 2) opportunity, 3) intent, 4) preparation, 5) plan, 6) knowledge, 7) ID, 8) absence of mistake, or 9) lack of accident in either civil or criminal cases whenever these issues are relevant

Question 6

Real Evidence

Answer 6

Must be relevant to the proposition at issue. If the condition of the object is significant, it must be shown to be in substantially the same condition at trial. The object must be logically helpful or reliable in tending to prove the proposition in issue

Question 7

Ancient Documents Exception to Hearsay

Answer 7

FRE provide that statements in any authenticated document prepared before 1998 are admisisble

Question 8

When can a D may introduce evidence of their own good character to show their innocence of the alleged crime

Answer 8

Criminal D may introduce evidence of their own good character to show their innocence of the alleged crime

Civil cases = no character evidence to simply show the person is more or less likely to have engaged in certain behavior or committed a claimed offense