Evidence Flashcards
what makes a witness competent?
personal knowledge
the ability to relay facts to the jury
person gives an oath or affirmation
not a judge or juror
When is lay opinion testimony proper?
- rationally based on the witness’s perception
- helpful in understanding the testimony
- not based on any scientific, technical, or specialized knowledge
Refresh recollection
- witness once knew but is now unable to recall a fact or event
- an item will help the witness recall the fact or event
Habit
custom or standard response to a given, reoccurring situation
routine business practices
evidence of a business’s routine practice is admissible to show that they acted in accordance with that practice
Rape Shield rule
bars evidence of a victims previous sexual encounters or disposition.
does habit evidence need to be cooborated?
NO
if character evidence is admissible, how may it be proven?
- on direct examination through opinion or reputation testimony
- on cross through specific instances of conduct
- on direct through specific instances of conduct IF THE TRAIT IS AN ESSENTIAL ELEMENT OF THE CHARGE, CLAIM, OR DEFENSE
Best Evidence Rule
an original writing, recording, or photograph is required to prove its contents. Unless a rule or statute provides otherwise
Can a duplicate of a writing, recording, or photograph be entered into evidence?
Yes, unless there is a genuine dispute about authenticity or admitting it would be unfair
Can a summary or chart be used to explain a documents contents?
Yes if the document is so voluminous that it cant be conveniently examined in court
Rule of completenesss
If a party enters part of a writing or statement, then an opposing party can request that they enter the entirety of the statement or writing. Judge will require it if in fairness the entire document should be considered at the same time
spousal immunity
only applies criminal cases and to persons in active marriage during trial and allows married people to refrain from testifying against their spouse
(Does not apply if spouses are co-conspirators or if the spouse is the victim)
Marital communications privilege
applies in crim and civil cases and covers confidential communications made between two people who were married at the time the communications were made
When does the marital communications privilege not apply?
- in civil cases between spouses
- criminal cases where a spouse is the victim
- if spouses are co-conspirators in a crime