Evidence

Question 1

If Hearsay question use __ approach

Answer 1

DIA

Define hearsay.

State why it is IMPORTANT to detrmine if a statement is hearsay.

Anlayze exceptions.

Question 2

Excited Utterance

Answer 2

statement relatin to a startling event or condition while declarant was under stress or excitement that it caused

Question 3

Present Sense Impression

Answer 3

statement describing condition or event while or immedtaely after declarant percieved it

Question 4

Statement for Purpose of Medical Treatment or Diagnosis

Answer 4

reasonably pertinent to medical diagnosis or describe history

Question 5

Business Record

Answer 5

making of record in course of regularly conducted business activity

Question 6

Recollection Recorded

Answer 6

W once knew but now canot recall enough to testify fully and accurately

may be read into evidence

Question 7

Then-existing state of mind

Answer 7

shows D’s MIMIC

Question 8

Prior Staement of ID

Answer 8

witness’s prior identification

Question 9

Opposing Party’s Statements

Answer 9

a statemnet made by opposing party offered against that party is NOT HEARSAY

Question 10

Statement Against Interest

Answer 10

reasonable person in D’s position would have made if the person believed it to be true, when made has tendency to expose declarant to civil or criminal liability

D MUST be unavilable

Question 11

Public Record

Answer 11

may be admitted in some circumstacnes but not matters observed by law enforcement personnel against D in criminal case

Question 12

Relevancy

Answer 12

any tendency to make a fact more or less probably than it would be without the evidence and fact is of consequence to action

Question 13

Admissibility of Relevant Evdience

Answer 13

probative value must substantially outweigh any unfair prejudice

Question 14

Lay Witness

Answer 14

must have knowledge of the matter she testifies about

personal knoweldge

opinion based on perception

Question 15

Expert Witness

Answer 15

does not need personal knoweldge but can testify based on facts he has been made aware of at a trial or through some other means (facts not on the record)

Question 16

Impeachment

Answer 16

any party MAY impeach a witness, even their own

Question 17

How to impeach a witness?

Answer 17

prior inconsistent statement
bias and interest
conviction of crime
bad acts
reputation or opinion for untruthfulness
sensory deficiencies
contradiction

Question 18

Character evidence is not admissible to prove

Answer 18

conformity

Question 19

Character Evidence in Civil Cases?

Answer 19

essential element

Question 20

Character Evidence in Criminal Cases?

Answer 20

defendant OPENS THE DOOR

Question 21

Offer to Settle is not admissible to prove the ____ of a _____

Answer 21

valdity of a disputed claim