Evidence Flashcards
Are leading questions allowed during cross examination?
Yes
T/F: a judge can consider likely outcomes when admitting evidence?
False
when is the best evidence rule invoked?
when you are trying to prove the contents of a writing – authenticate
Can you use reputation evidence to prove character?
Yes
how can handwriting be authenticated?
- person with familiarity before the trial
- expert authentication
- trier of fact
how can a voice be authenticated?
- person with familiarity before AND for purposes of trial
- expert
- trier of fact
What is MIMIC
Motive
Intent
Mistake (absence of)
Identity
Common scheme of plane
What is the affect of MIMIC?
evidence that may be admissible because it bears on guilt
What is nonhearsay offered to prove the truth of the matter asserted?
- prior inconsistent statement given under oath
- prior consistent statement
–> offered to rebut a charge that a witness is lying because of some motive
–> offered to rehabilitate a witness who has been impeached - statements of identification
- statements made or adopted by a party
what is a statement of identification
nonhearsay – someone the witness has perceived earlier
T/F - a party may not bolster or accreddit the testimony of her witness until the witness has been impeached
T
Categories of nonhearsay that are NOT offered to prove the truth of the matter asserted
- verbal acts or legally operative facts
- statements offered to show their effect on the listener or reader (typically used for negligence cases)
- statements offered as circumstantial evidence of declarant’s state of mind
“I heard David say to Michael: ‘I accept’”
non hearsay: verbal act
“Before P entered aisle 3 I heard another shopper tell the Supermarket manager: “There’s a broken jar of salsa in aisle 3”
Non hearsay: statement offered to show effect on listener
“Two days before the killing, Homer said ‘I am Elvis!’”
non hearsay - state of mind
