evidence Flashcards
The best evidence rule—also known as the original document rule—generally requires that
an original recording, writing, or photograph(referred to as “document”) be produced to prove its contents.
The Best Evidence Rule applies when
a witness is testifying based on facts learned from the document—as opposed to personal knowledge.
Is real or physical evidence (e.g., a three-dimensional model) subject to the best evidence rule?
NO
One exception to the best evidence rule allows other evidence of a document’s content (e.g., testimony) to be introduced if
the proponent establishes that all of the originals were lost or destroyed through no bad faith of the proponent.
Does the prosecution have to provide a written summary of testimony from an expert witness the prosecution intends to offer at trial?
YES
*Duplicates are admissible unless
original’s authenticity is questioned or it would be unfair to admit them.
posttrial juror testimony is admissible if it addresses:
1) extraneous prejudicial information brought to the jury’s attention
2) an outside influence improperly brought to bear on a juror or
3) a mistake made in entering the verdict onto the verdict form.
hearsay exception for recorded recollections allows a record to be read into evidence if it:
1) concerns a matter that a witness once knew but cannot recall at trial
2) was made or adopted by the witness when the matter was fresh in his/her mind and
3) accurately reflects the witness’s personal knowledge at the time it was made.
recorded recollection may be received as an exhibit only if
it is offered by an adverse party
Intrinsic evidence is always admissible for
impeachment purposes.
extrinsic evidence for impeachment is admissible only if
1) the impeached witness has the opportunity to explain or deny; and
2) adverse party can examine the witness about the inconsistent statement
3) catchall exception- “if justice so requires”
the woman’s statement to her roommate is not a present sense impression because it was made hours after the woman heard the defendant’s statement—not
while or immediately after she heard it
The law encourages plea-bargaining, so a defendant’s statements during plea negotiations are generally
not admissible against the defendant.
defendant may waive protection against admissibility of statements during plea negotiations—just like any other privilege—if the waiver is made
knowingly and voluntarily
When a hearsay declarant’s statement is admitted into evidence, the declarant may be impeached in the same manner as a testifying witness—e.g., by showing that the declarant’s statement was
motivated by bias or self-interest.
Federal Rule of Evidence (FRE) 608 provides the framework to attack or support a witness’s character for truthfulness through:
1) reputation or opinion testimony about the witness’s character for truthfulness or
2) specific instances of conduct (SICs)—i.e., convictions for felonies or crimes of dishonesty OR prior bad acts that relate to the witness’s character for truthfulness
A SIC that involves a conviction for a felony or crime of dishonesty can be introduced
intrinsically (i.e., through the witness’s testimony) or extrinsically (i.e., from other sources).
a SIC involving a mere bad act may only be introduced
intrinsically.
when a witness denies a SIC involving a bad act on cross-examination
the examiner is stuck with the witness’s answer.
A prior inconsistent statement is admissible nonhearsay if
(1) it was given under penalty of perjury at a trial, hearing, deposition, or other proceeding and
(2) the declarant testifies and is subject to cross-examination.
a prior inconsistent statement can also be introduced extrinsically for impeachment purposes if
the witness has the opportunity to explain or deny, and the adverse party can examine the witness about, the statement.
Once a witness has used a writing to refresh his/her recollection, the adverse party is entitled to
(1) have the writing produced for inspection,
(2) cross-examine the witness about the writing, and
(3) introduce into evidence any portion of the writing that relates to the witness’s testimony.
Statements made by and offered against a party-opponent are nonhearsay and therefore
admissible substantively unless barred by another evidentiary rule.
Under FRE 411, evidence that a party was (or was not) covered by liability insurance is
not admissible as substantive proof of negligence or wrongdoing.
Authenticating an item of evidence that is a physical representation of something that could not otherwise be seen requires proof that
(1) the process for creating the evidence was accurate,
(2) the machine that produced the evidence was working properly, and
(3) the operator of the machine was qualified to operate it.
The best evidence rule generally requires that an original of a recording, writing, or photograph be
produced to prove its contents
a duplicate is admissible to the same extent as the original unless
(1) a genuine question is raised about the original’s authenticity or
(2) the circumstances make it unfair to admit the duplicate.
Public policy encourages the ____________ of disputes.
settlement of disputes
FRE 408 generally bars the admission of evidence of compromise offers (or acceptance of such offers), as well as conduct or statements made during compromise negotiations, when that evidence is offered to:
1) prove or disprove the validity or amount of a disputed claim or
2) impeach by a prior inconsistent statement or contradiction.
A party does not have be a party to a compromise agreement/offer/negotiation to assert 408 objection, bc 408 applies even when
the party seeking to introduce such evidence was not a party to the agreement.
Evidence is relevant if it is
both probative and material
Relevant evidence may be excluded under Rule 403 if
its probative value is substantially outweighed by the danger of unfair prejudice.
