Evidence

Question 1

Relevance

Answer 1

All evidence must be both Logically and Legally Relevant.
Evidence is logically relevant if:
1) it has any tendency to make a fact more or less probable than it would be without the evidence;
AND
2) the fact is of consequence in determining the action.

Evidence is legally relevant if it is not excluded on other policy grounds, AND its probative value is not substantially outweighed by a danger of prejudice/misleading.

Question 2

Hearsay

Answer 2

An Out of Court statement, offered for the truth of the matter asserted.
Inadmissible, unless it falls within an exemption or exception.

Question 3

Authentication - Physical Evidence

Answer 3

Physical Evidence may be authenticated through:
a) witness testimony
OR
b) demonstration of substantially unbroken chain of custody

Question 4

Opinion

Answer 4

A lay witness may only offer an opinion if it is:
1) rationally based on the witness’s perception;
AND
2) helpful to clearly understand the witness’s testimony/determine a fact in issue.

Question 5

Privileges

Answer 5

-Attorney-Client
-Attorney Work Product
-Physician-Patient
-Spousal

Question 6

Authentication of Evidence - General Rule

Answer 6

All evidence MUST BE authenticated before being admitted into evidence.
A party must prove that the item it seeks to admit is actually what the party purports it to be.

Question 7

Best Evidence Rule

Question 8

Authentication of Evidence - General Rule

Answer 8

All evidence MUST BE authenticated before being admitted into evidence.
A party must prove that the item it seeks to admit is actually what the party purports it to be.

Question 8

Best Evidence Rule

Answer 8

A party must provide the original document (or a reliable duplicate) when a witness
a) testifies to the contents of a writing;
OR
b) testifies to knowledge gained solely from a writing

Question 9

Best Evidence Rule

Answer 9

A party must provide the original document (or a reliable duplicate) when a witness
a) testifies to the contents of a writing;
OR
b) testifies to knowledge gained solely from a writing

Question 9

Authentication of Evidence - General Rule

Answer 9

All evidence MUST BE authenticated before being admitted into evidence.
A party must prove that the item it seeks to admit is actually what the party purports it to be.