Evidence

Question 1

when is opposing party’s silence in response to another’s statement is considered an adoptive admission

Answer 1

(1) the party was present and heard and understood the statement,

(2) the party had the ability and opportunity to deny the statement, and

(3) a reasonable person similarly situated would have denied the statement.

Question 2

is a juvenile conviction ok in a civil case to impeach a witness’s character for truthfulness?

Answer 2

no, never

Question 3

The recorded recollection hearsay exception allows a record to be read into evidence if it

Answer 3

(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.

Question 4

admissible?

(1) withdrawn guilty pleas,

(2) nolo contendere pleas,

(3) statements made during plea proceedings, and

(4) statements made during plea negotiations that did not result in a guilty plea or resulted in a guilty plea that was later withdrawn

Answer 4

no

Question 5

when are the contents of a document at issue for purposes of best evidence rule?

Answer 5

(1) the document is used to prove the happening of an event, (2) the document has a legal effect, or (3) the witness is testifying based on facts learned from the document.

Question 6

The statement against interest exception applies to hearsay statements that

Answer 6

(1) are contrary to an unavailable declarant’s proprietary or pecuniary interest, (2) tend to invalidate the declarant’s claim against someone else, or (3) expose the declarant to civil or criminal liability.