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
Attorney-Client privilege
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
Work Product Doctrine
protects from discovery material prepared in anticipation for litigation
How can a party overcome a claim of work product?
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
medical diagnosis hearsay exception
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
recorded recollection exception
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
