Evidence

Question 1

Habit evidence

Answer 1

A person’s regular response to a specific set of circumstances
Look to (1) frequency of conduct and (2) particularity of circumstances

Question 2

Defendant’s Character in Criminal Case

Answer 2

Prosecution cannot initiate bad character evidence BUT defendant can introduce good character evidence at any time for pertinent trait through reputation or opinion

Question 3

Cross-Exam of Defendant’s Character Witness

Answer 3

Can cross examine about specific bad acts of the defendant for the pertinent trait, but NO extrinsic evidence
***Can even ask about prior arrests here

Question 4

Victim’s Character in Criminal Case

Answer 4

Defendant can introduce reputation or opinion evidence of bad character of victim to show defendant’s innocence and prosecution can rebut with evidence as to the same trait

***can be specific acts if for a non-propensity purpose (such as knowledge)

Question 5

Character Evidence in Civil Cases

Answer 5

Generally limited to defamation, negligent hiring or entrustment, and child custody cases
***All forms of evidence allowed

Question 6

Authentication of Writing

Answer 6

Must be authenticated by evidence that is sufficient to support a jury finding of genuineness.
Methods: opponent’s admission, eyewitness testimony, handwriting verifications, ancient documents, reply letter, photographs and videos, and x-ray pictures, etc.

Question 7

Handwriting Verifications

Answer 7

1. opinion of a layperson with familiarity in the course of normal affairs
2. an expert who has compared it to samples and
3. jury’s comparison of it to other samples of the handwriting

Question 8

Dead Man Act

Answer 8

In a civil case, an interested person is incompetent to testify to a personal transaction or communication with a deceased when it is offered against the deceased’s estate or successors

Question 9

Past Recollection Recorded

Answer 9

Can be read into evidence if:
1. witness has insufficient recollection
2. witness has personal knowledge of the fact when it was made
3. record was made or adopted by witness
4. record was made when the matter was fresh in the witness’s mind and
5. it accurately reflects the witness’s knowledge
***only adverse party can admit it into evidence as an exhibit

Question 10

Layperson testimony

Answer 10

Allowed when it is:
1. rationally based on the witness’s perception
2. helpful to an understanding of the witness’s testimony or determination of a fact in issue
3. not based on scientific, technical, or other specialized knowledge

Question 11

Daubert factors for experts

Answer 11

1. testing of principle or methodology
2. rate of error
3. acceptance by experts in the same discipline
4. peer review and publication