Evidence Flashcards
When does marital communications exception not apply?
Spousal privilege does not apply when crime vs other spouse/child.
Best Evidence Rule: do you have to bring up the original copy at all and what are the exceptions?
No you dont and Exception to best evidence rule: you may prove contents of doc through dep/test/written statement of opp party
What constitutes a waiver of the attorney client privilege?
Waive attorney client privilege by: (1) voluntary disclosure to 3rd party; (2) voluntary give up privilege; (3) timeliness of asserting it.
For statement made for medical diagnosis, what can be brought in?
Cause of symptoms allowed. So reasons why you have a broken neck is allowed such as falling off a ladder. But not WHO pushed the ladder.
Are documents presented during negotiations admissible in Court?
If they were created before the negotiations they may be admissible.
Refresh Recollection vs Recorded
Refresh recollection: can be introduced as evidence but not offered as exhibit. Recorded: can be offered as exhibit by opponent only but can be read into evidence by the offering party.
Do grand juries count as former testimony?
No because (1) suspect is usually not there or (2) prosecution lacks motive bc they have other sources.
Who answers questions of preliminary questions and must it be outside of the presence of the jury?
Court decides on preliminary questions of relevance, not jury. Must be heard outside of presence of jury if: (1) involves admissibility of a confession, (2) D is witness and requests or (3) justice requires.
When does psychotherapist privilege not apply?
Protection for Psychotherapist doesn’t apply when: court ordered exam, commitment proceeding against patient, or mental condition at issue.
What’s the burden for relevancy vs preliminary questions?
Burden for preliminary questions = preponderance of evidence; Relevance = Sufficient to support a finding.
When are leading questions allowed on direct?
Leading on direct not allowed unless (1) child/adult cant communicate, (2) hostile witness, (3) necessary to develop testimony
When will statements of compromise attach for policy exclusion?
There must be some discussion of dispute/suit.
When can plea discussion privilege be waived?
If it’s knowingly and voluntarily.
Can you compare items to authenticate an item?
You can authenticate a item with an authenticated version. Jury can compare.
Can business record for hospitals talk about how something happened?
No, it can only talk about diagnosis.
