Evidence

Question 1

Hearsay

Answer 1

Out of court statement offered to prove the truth of the matter asserted

Question 2

Hearsay is generally

Answer 2

not admissible

Question 3

How many hearsay exceptions are there?

Answer 3

Six exceptions

Question 4

Present Sense impression

Answer 4

Observations, like a reporter. Discussing what they are observing as they are witnessing it.

Question 5

Excited Utterances

Answer 5

Statement made while excited. Look for exclamation point, screams, general excitement

Question 6

Then Existing State of Mind

Answer 6

Other emotions or intent, but not excitement

Question 7

Business Record

Answer 7

Record kept in the regular course of business. All the time, not matter what.

Question 8

Dying Declaration

Answer 8

Only in homicide or civil cases. Declarant makes statement believing the are about to die, the statement has to be about why they think they are dying, and declarant has to now be unavailable.

Question 9

Statement Against Interest

Answer 9

Declarant is either a party or a non-party and makes a statement against their own interest which tends to make them liable or guilty of something. Declarant must be unavailable.

Question 10

Non-hearsay covers

Answer 10

(1) Admissions by a party to the case, (2) Prior sworn in consisten statements, and (3) prior consistent statements.

Question 11

Admissions by a party to the case include

Answer 11

Adoptive admissions and vicarious admissions

Question 12

Adoptive admissions

Answer 12

When someone accuses a party of something and a reasonable person under the circumstances would deny it, but the party stays silent, it is deemed (adopted) as an admission

Question 13

Vicarious admissions

Answer 13

Admission by an employee would be vicariously admissible against the employer

Question 14

Attorney/Client Privilege

Answer 14

There has to be some sort of relationship between the attorney and the client, does not have to be a statement to the attorney directly and can be made to a person who works for the attorney, and the nature or context of the information has to be confidential.

Question 15

Attorney/Client Privilege Timeframe

Answer 15

The privilege lasts forever, but could be waived.

Question 16

Husband/Wife Privilege applies to

Answer 16

Spousal communications and spousal testimony

Question 17

Spousal Communication

Answer 17

Asking spouse to testify about communication with the other spouse. Either spouse can stop the other one from testifying

Question 18

Spousal Testimony

Answer 18

Only applies in a criminal case. Spouse is asked about what they know/what they saw. Witness spouse can refuse to testify.

Question 19

Impeachment

Answer 19

About the witness. You are trying to ensure that the witness is telling the truth and can use almost anything to impeach a witness as long as it goes to their credibility

Question 20

Regular impeachment

Answer 20

Catching a witness in a lie or inconsistency based on what they said, saw, heard, etc.

Question 21

Impeachment by prior conduct

Answer 21

Prior convictions, or prior bad acts

Question 22

Prior convictions impeachment (Crime of Dishonesty)

Answer 22

If the conviction is for a crime of truthfulness or dishonestly it is admissible.

Question 23

Prior convictions impeachment (Felony)

Answer 23

If conviction is for a felony, it is not admissible because it does not bear on credibility. Unless, the felony is within 10 years and the judge determines that it passes the balancing test.

Question 24

Prior bad acts impeachment (Not dishonesty)

Answer 24

If the bad act is not related truthfulness or dishonestly it is not admissible.

Question 25

Prior bad acts impeachment (dishonesty)

Answer 25

If the bad act relates to dishonesty, you may ask witness while on the stand

Question 26

What if witness denies prior dishonest act

Answer 26

Once they deny it and leave the stand, the dishonest act cannot be proved via extrinsic evidence.

Question 27

Character Evidence

Answer 27

Bad things that the defendant (or plaintiff in civil cases) did in the past. Generally inadmissible because it is too prejudicial.

Question 28

Character Evidence Civil Case Exceptions

Answer 28

Admissible in cases of defamation, misrepresentation, child custody, or negligent entrustment.

Question 29

Character Evidence Criminal Case Exceptions

Answer 29

(1) Defendant opens the door or (2) MIMIC

Question 30

When Defendant opens the door with good character

Answer 30

After Prosecution rests, Defendant may bring in evidence of their own good character, but must be for either honesty/truthfulness, or peacefulness (depending on the crime being charged). If they do admit good character, the Prosecution can admit the Defendant’s bad character.

Question 31

MIMIC

Answer 31

Motive, Intent, Mistake (Defendant made mistake), ID, or Common Plan/Scheme (this is very specific to the person)

Question 32

Habit

Answer 32

Can show that someone has a habit if they do the act everyday (this is not to show guilt, just that the person has that habit)

Question 33

Subsequent Remedial Measures

Answer 33

Cannot offer evidence that a party fixed something after an injury to prove that there was negligence or liability because it would go against public policy. Evidence could be offered to show ownership or control

Question 34

Offer to Settle/Compromise

Answer 34

Any statement made as an offer to settle a case is not admissible to show liability. There must be a dispute first for this rule to apply.

Question 35

Admissions coupled with offer to settle

Answer 35

Admissions coupled with offer to settle are not severable and not admissible.

Question 36

Offer to pay medical bills

Answer 36

Statements made to pay medical bills are not admissible

Question 37

Admissions coupled with offer to pay medical expenses

Answer 37

Admissions made with offer to pay bills can be severed and are admissible. Admissions are admissible, but the offer to pay is not.