Evidence

Question 1

what makes a witness competent?

Answer 1

personal knowledge
the ability to relay facts to the jury
person gives an oath or affirmation
not a judge or juror

Question 2

When is lay opinion testimony proper?

Answer 2

1. rationally based on the witness’s perception
2. helpful in understanding the testimony
3. not based on any scientific, technical, or specialized knowledge

Question 3

Refresh recollection

Answer 3

1. witness once knew but is now unable to recall a fact or event
2. an item will help the witness recall the fact or event

Question 4

Habit

Answer 4

custom or standard response to a given, reoccurring situation

Question 5

routine business practices

Answer 5

evidence of a business’s routine practice is admissible to show that they acted in accordance with that practice

Question 6

Rape Shield rule

Answer 6

bars evidence of a victims previous sexual encounters or disposition.

Question 7

does habit evidence need to be cooborated?

Answer 7

NO

Question 8

if character evidence is admissible, how may it be proven?

Answer 8

1. on direct examination through opinion or reputation testimony
2. on cross through specific instances of conduct
3. on direct through specific instances of conduct IF THE TRAIT IS AN ESSENTIAL ELEMENT OF THE CHARGE, CLAIM, OR DEFENSE

Question 9

Best Evidence Rule

Answer 9

an original writing, recording, or photograph is required to prove its contents. Unless a rule or statute provides otherwise

Question 10

Can a duplicate of a writing, recording, or photograph be entered into evidence?

Answer 10

Yes, unless there is a genuine dispute about authenticity or admitting it would be unfair

Question 11

Can a summary or chart be used to explain a documents contents?

Answer 11

Yes if the document is so voluminous that it cant be conveniently examined in court

Question 12

Rule of completenesss

Answer 12

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

Question 13

spousal immunity

Answer 13

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)

Question 14

Marital communications privilege

Answer 14

applies in crim and civil cases and covers confidential communications made between two people who were married at the time the communications were made

Question 15

When does the marital communications privilege not apply?

Answer 15

1. in civil cases between spouses
2. criminal cases where a spouse is the victim
3. if spouses are co-conspirators in a crime

Question 16

Attorney-Client privilege

Answer 16

protects communications
1. between client and attorney
2. if the communications were intended to be confidential and
3. they were made for the purpose of obtaining or providing legal services

Question 17

Work Product Doctrine

Answer 17

protects from discovery material prepared in anticipation for litigation

Question 18

How can a party overcome a claim of work product?

Answer 18

By showing
1. a substantial need for the materials
2. and that the party is unable, without undue hardship, to obtain the substantial equivalent of the materials

Question 19

medical diagnosis hearsay exception

Answer 19

statements are excluded from the rule against hearsay if
1. the statement is made for the purposes of receiving a medical diagnosis or treatment
2. it is reasonably pertinent to the treatment and
3. either describes medical history, past or present symptoms, the symptoms inception, or the symptoms general cause

Question 20

recorded recollection exception

Answer 20

a witness may read into evidence a recollection recorded in a hearsay writing if
1. the witness once knew the information but cannot remember
2. the record was made or adopted by the witness while the matter was fresh in the witness’s mind and
3. the record accurately reflects the personal knowledge the witness once had at the time the record was made