Evidence

Question 1

Adoptive admission

Answer 1

A party may expressly adopt someone else’s statement as their own by adopting a response via legal documents (I.e. adopting a statement by referencing the statement in an interrogatory)

Question 2

Subsequent remedial measures

Answer 2

Subsequent remedial measures are inadmissible to show negligence or guilt but may be used for impeachment, to show ownership or control, or to show feasibility of precautionary measures if disputed.

Question 3

Authentication: Document

Answer 3

a document needs to have a foundation laid, so that its authenticity can be established.

Question 4

Grand jury testimony

Answer 4

Grand jury testimony is hearsay without an exception, if offered at the following criminal trial. It does NOT fall within the exception to hearsay for former testimony because the party against whom the testimony is offered (usually the defendant) did not have a full opportunity to and similar motive in examining the witness before the grand jury. During grand jury proceedings, the defendant is not afforded any opportunity to examine witnesses or otherwise put evidence before that body.

Question 5

Exclusion of witnesses

Answer 5

At a party’s request a court must order a nonparty witness to be excluded. However, a court cannot authorize excluding a party, a person whose presence is essential to the claim or defense, or someone authorized to be present.

Question 6

Public records

Answer 6

Reports made by an agency, but NOT police reports in a criminal investigation.

Hearsay statements within these reports are admissible only in civil cases IF the statements fall within an exception to the hearsay rule, or if it can be shown that the eyewitness had a business or public duty to report the information accurately.