Evidence

Question 1

When is a declarant’s prior statement identifying someone she perceived earlier not considered hearsay under the Federal Rules?

Answer 1

if the Declarant is now testifying at trial and subject to cross-examination about the prior statement

Question 2

When is evidence of repairs or other precautionary measures made following an injury admissible?

Answer 2

When used to rebut a claim by Defendant that the repair or precaution was not feasible

Question 3

What is logical relevance definition?

Answer 3

Evidence is relevant if it has any tendency to prove or disprove a material fact

Question 4

What is legal relevance / definition?

Answer 4

Balancing test, otherwise relevant evidence can be excluded if its probative value is substantially outweighed by the:
- danger of unfair prejudice
- confusion of issues
- misleading the jury
- wasting time

Question 5

When is evidence of subsequent remedial measures still allowed?

Answer 5

• To prove ownership or control of instrumentality
• To rebut a claim that a precaution was impossible or infeasible
• To show that other party destroyed evidence

Question 6

When is liability insurance admissible?

Answer 6

Not admissible to prove negligence, or ability to pay a judgment.

Admissible to prove ownership or control, or for impeachment

Question 7

Are offers to pay medical expenses admissible?

Answer 7

FRE - no, but related facts are admissible

Question 8

When does the exclusion for settlement offers not apply (meaning the evidence is still admissible)?

Answer 8

Since it only applies to a disputed claim, admissible if a claim has not yet been made.

Question 9

What are the two requirements for a witness to be competent?

Answer 9

1. Personal knowledge of the matter
2. Must declare he will testify truthfully

Question 10

Can a judge call witnesses and/or ask questions of witnesses?

Answer 10

Can call witnesses and ask questions of any witness

Question 11

When is lay opinion testimony admissible?

Answer 11

• rationally based on witness’s perceptions and
• helpful to trier of fact

Question 12

What are the requirements for admissibility of expert testimony?

Answer 12

• Specialized knowledge will assist trier of fact in understanding
• witness is qualified as an expert
• Testimony is based on sufficient facts or data
• Testimony is product of reliable principles and methods

Question 13

What can an expert’s opinion be based on?

Answer 13

1. Firsthand knowledge
2. observation of prior witnesses, or
3. Hypothetical question posed by counsel

Question 14

What is the Daubert standard for reliability?

Answer 14

a. Peer reviewed/published in scientific journals
b. tested and subject to retesting
c. known for a low error rate
d. subject to a reasonable level of acceptance

Question 15

Under FRE, to which cases does the spousal immunity privilege apply?

Answer 15

Criminal cases only

Question 16

When is character evidence allowed in civil court?

Answer 16

Can be used in a case where character is “at issue” and is an essential element

Question 17

When a defendant testifies, which character traits does he put at issue?

Answer 17

Credibility and character for truthfulness

Question 18

On direct examination, what evidence of defendant’s character can be raised?

Answer 18

Only reputation/opinion evidence.

NO specific acts evidence

Question 19

On Cross-exam, what is a limitation of character evidence?

Answer 19

When asking about specific acts, cannot introduce extrinsic evidence regarding the specific act

Question 20

When are specific acts admissible in criminal rape/sexual assault cases?

Answer 20

To show
- third party is the source of semen or injury to the victim or
- prior acts of consensual intercourse with D or
- constitutionally required

Question 21

What are “other purposes” for which character evidence is allowed?

Answer 21

To show:
1. Intent to commit the act
2. Preparation to commit act
3. Identity of perpetrator
4. Knowledge of some fact or event
5. Absence of mistake or accident
6. Motive to commit the crime
7. Opportunity to commit the act
8. Plan or scheme

I PIK A MOP

Question 22

When is evidence of similar happenings admissible?

Answer 22

If the events are substantially similar

Question 23

What are the five main methods of impeachment?

Answer 23

1. Character for truthfulness
2. Prior inconsistent statements
3. Bias
4. Sensory or mental defect
5. Contradiction by another witness

Question 24

When is extrinsic evidence permitted to impeach a witness for a prior inconsistent statement (PIS)?

Answer 24

Only if:
1. witness is given the opportunity to explain or deny PIS and
- Proponent of the PIS can interrogate the impeaching witness

Question 25

When using bias to impeach, is extrinsic evidence allowed?

Answer 25

EE is allowed if the witness has an opportunity to explain or deny

Question 26

What are the rules for impeaching with a crimen falsi?

Answer 26

All crimes involving false statement are admissible and judge cannot exclude under legal relevance balancing test UNLESS conviction is more than 10 years old