Evidence Flashcards
For expert testimony to be admissible, what 2 requirements must be met?
(1) Testimony will help the fact finder understand the evidence or determine a fact at issue
(2) testimony based on sufficient facts/data and product of reliable principles and methods reliably applied by expert
When may evidence be excluded based on legal relevancy?
Relevant evidence may be excluded if its probative value is substantially outweighed by danger of any of the following:
(1) unfair prejudice
(2) confusing the issues
(3) misleading the jury
(4) undue delay
(5) wasting time
(6) needlessly presenting cumulative evidence
In what 3 instances may a juror testify post-trial?
(1) extraneous prejudical information was improperly brought to jury’s attention
(2) outside influecne was improperly brought to bear
When are subsequent remedial measures admissible?
Admissible to prove:
(1) agency
(2) ownership
(3) control of property
(4) for impeachment purposes
NOT admissible to prove:
(1) negligence
(2) defective product or design
(3) culpable conduct
When are offers to pay medical expenses admissible?
Admissible:
(1) any conduct or statements accompanying offer to pay
NOT admissible:
(1) to prove liability for P’s injuries
When is liability insurance evidence admissible?
Admissible to prove:
(1) agency
(2) ownership
(3) control of property
(4) for impeachment purposes
NOT admissible to prove:
(1) negligence or wrongful conduct
In what forms can a criminal defendant present evidence of a pertinent character trait?
Only opinion or reputation testimony
NOT specific instances of conduct
What is spousal immunity privilege?
Who holds the privilege?
Under federal law, witness in valid marriage may refuse to testify against their spouse in any criminal proceeding
In federal court and majority of states, witness-spouse holds privilege and may choose whether or not to testify
In minority of states, Defendant-spouse holds privilege and can prevent spouse from testifying
What is confidential marital communications privilege?
Who holds the privilege?
Communications b/w spouses are privileged if:
(1) communications made during course of valid marriage
(2) intended to be confidential
Privilege is held by both spouses
Applies to both criminal and civil proceedings
Extends beyond the end of the marriage
What 5 instances permit specific prior bad acts to be admitted?
(1) motive or opportunity
(2) intent
(3) absence of mistake
(4) identity
(5) common plan or preparation
When is a criminal defendant permitted to introduce evidence of their good character?
Mercy rule permits this evidence when the character trait is pertinent to the crime charged
What 3 elements must be present to admit a non-defendant witness’s juvenile adjudication to attack their character for truthfulness?
(1) adjudication is offered in a criminal case
(2) adult’s conviction for that offense would be admissible to attack witness’s credibility
(3) admitting evidence is necessary to fairly determine guilt or innocence
