Evidence Flashcards
Presentation of Testimonial Evidence
In a criminal case, judicial notice is allowed but it cannot ___ the prosecutor’s burdern of proving each fact _____
Undermine
Beyond a Reasonable Doubt
Presentation of Testimonial Evidence
Is judicial notice allowed in civil cases?
Yes, but the jury still has to find the facts
Presentation of Testimonial Evidence
Who determines rules of evidence? rules of facts?
Judge
Jury
Presentation of Testimonial Evidence
T/F:
Anything can be used to refresh a witness’ memory
True
But the witness may not read from the writing while testifying
Presentation of Testimonial Evidence
What happens if you try to refresh a witness’ memory with a document and it doesnt work?
you can offer in evidence a writing that was made or adopted by the witness under past recollection recorded
Presentation of Testimonial Evidence
Once qualifed as an expert, the expert can base their testimony on facts not in evidence that were:
2 Requirements
- supplied to her out-of-court
- Of a type reasonably relied on by experts in that particular field
Presentation of Testimonial Evidence
T/F: Expert witnesses can only testify to things they have personal knowledge about
False
Character Evidence
When is character admissible in a civil trial?
When character is directly at issue
Defamation, negligent hiring, negligent entrustment, entraptment, etc
Character Evidence
In a criminal trial, may a defendant offer evidence of their character?
Yes, a criminal defendant is allowed to present relevant character evidence to help establish that he may not have committed the crime charged but only if its P.R.O:
Pertitinet to case at hand, and by reputation or opinion testimony only
Pertinent ex: testiony about honesty if trial is about embezzlemen
Character Evidence
T/F: In a criminal trial, prosecution can bring up evidence of D’s character at any time
False, D must open the door first
Character Evidence
___ evidence is a repeated response to a specfic stimulus and it admissible at trial
Habit
Impeachment
To determine if the question is testing impeachment, look for an
(1) attack on a
(2) witness or hearsay declarant regarding their
(3) truthfulness or
(4) accuracy
Impeachment
T/F: Extrinsic Evidence can be used to prove convictions
True, but may not be admissible if the conviction is more than 10 years old
Impeachment
T/F: Extrinsic Evidence can be used to prove a witness made a prior inconsistent statement
True, but only if witness is giving an opportunity to explain or deny statements
Impeachment
T/F: Extrinsic Evidence can be used to prove a witness’ bias
True, but only after the witness is asked about those facts and denies those facts
Impeachment
T/F: Extrinsic Evidence can be used to prove specfic acts of misconduct
False, witness may only be asked about it and if they deny, must move on
Impeachment
T/F: Extrinsic Evidence can be used to prove sensory deficiencies
anything concering W’s perception or memory (deaf, blind, amnesia)
True
Impeachment
T/F: Extrinsic Evidence can be used to prove a witness’ contradiction
True, on cross, a witness may be impeached by EE if she lied or made a mistake during direct, but only if she wont admit the mistake/lie
Must be a relevant matter
Impeachment
T/F: Extrinsic Evidence can be used to prove a witness’ reputationor opinion for truthfulness
True. This is done when a party calls their OWN witness to testify that the witness in question so the witness is the EE
Impeachment
T/F: A hearsay declarant may be impeached
True
Hearsay
T/F: Words of notice or warning are considered hearsay
False, considered non-hearsay because it will be brought up in court to show the effect on the listener
Hearsay
The following hearsay exceptions can only be used when a declarant is unavailable:
FFSDS
- Forfeture by wrongdoing
- former testimony
- statement against penal, pecuniary, or monetary interest
- Dying declaraton
- Statements of personal or family history
Hearsay
What are the 3 statements a witness can make that are considered non-hearsay?
- Prior** Consistent **Statements (W must be testifying at trial)
- Prior Inconsistent statements (made under oath at prior hearing, depositions, etc)
- Prior** identification** (witness MUST BE testifying to give the prior ID)
Hearsay
A prior inconsistent statement may not be admissible as substantive evidence unless ____
made under oath at a prior trial or deposition, otherwise its for impeachment purposes only
Hearsay
A dying declaration can only be used in cases where the D is charged with:
Homicide, NOT attempted murder
Relevancy; Privileges; Writings
A subsequent remedial measure may not be used to prove:
Liability
Relevancy; Privileges; Writings
A susbequent remedial measure can be used to prove:
Ownership or control
Relevancy; Privileges; Writings
An offer to compromise/settle will be excluded only if there is some:
Dispute as to validty or dispute as to the amount
Relevancy; Privileges; Writings
T/F: Evidence of a plea agreement can be used to prove bias
True because it tends to show that the W has a motive to lie
Relevancy; Privileges; Writings
In authenticating a handwritten document, a lay person who has personal knowledge of the handwriter’s handwriting can only testify as to:
her opinion as to whether the document is in that person’s handwriting
Relevancy; Privileges; Writings
The best evidence rule is used to:
3
- deter fraud and
- if the witnesses sole knowledge is based on the writing
- if the writing is essential to the case and youre proving the contents of the writing i.e contracts, newspapers for defamation cases, etc
Spousal Privileges
The privilege of Confidental Communications applies to statements made:
DURING the marriage only
Spousal Privileges
In which types of cases can the Confidental Communications apply?
In civil or criminal
Spousal Privileges
T/F: The confidental communications privilege is held by both spouses
True
Spousal Privileges
For confidential communications to apply, the communication must not be made to a ____
Third Party
Spousal Privileges
What rights does a spouse defendant have in regard to confidential communications?
The D can veto any testimony
Spousal Privileges
Spousal immunity applies to statements made:
Before or during the marriage
Spousal Privileges
When does the spousal immunity end?
When the marriage ends
Spousal Privileges
In what types of cases does spousal immunity apply?
Only in criminal cases
Spousal Privileges
Which spouse holds the privilege of spousal immunity?
The testifying spouse
Spousal Privileges
T/F: For spousal immunity to apply, the spouses don’t have to married at the time of the trial
False, must be married at time of trial
