Evidence

Question 1

Decision Maker for Fact vs. Law Questions

Answer 1

Jury decides fact, judges law

Judge decides fact questions regarding the admissability of evidence

Question 2

3 preliminary hearings conducted outside the presencde of a jury

Answer 2

1. admissability of a confession
2. defendent is a witness and requests
3. ijustice

Question 3

What do you do when the court refuses to admit evidence that should have been admitted?

Answer 3

Make an offer of proof on the record that explains whhat the evideence is and why it shoiuld be admitted.

Not needed when the substance and logic of the evidence is straitforward

Question 4

Rule of Completeness

Answer 4

If a party introduces part of a written statement, the opposing party may introduce other portions of that written statement that are needed to put the admitted part into prospective.

immediately. okay even if otherwise would be inadmissable

Question 5

Judicial Notice

Answer 5

Court insutructs the jury to take as a fact.

civil must, criminal may

Question 6

Leading Question

Answer 6

Generally not permitted on direct, except

1. to elicit premininary background info not in dispute
2. witness has trouble communicating because of age
3. hostile witness

Question 7

Present reclaction

Answer 7

A witness looks at notes, remembers, then testify from present memory

document doesnt become evidence

witness can not read from it

Question 8

Relevant Evidence

Answer 8

makes the facts more likely than it would without the evidence, but court has discretion to excluded if certain risks substnatially outweigh the probative value

Question 9

Propensity in civil cases

Answer 9

Can almost never be made except child molestation and rape

Question 10

Propensity in Criminal cases

Answer 10

Generallly it is not allowed, but if defendent opens the door then okay

no direct evidence, just wotnesses that can testify on reputation and opinion. but on cross can bring in specific acts

Question 11

MIMIC

Answer 11

past acts can be introduced for other reasons than propensity

M-Motive
I- Intent
M-Mistake
I- Identity
C- Common plan or scheme

Question 12

Character evidence is allowed under these circumstances

Answer 12

1. impeachment
2. Defendent introduces good character
3. Defendant introduces victim bad character
4. Prior Acts (MIMIC)
5. Habit evidence

Question 13

Witness Competence

Answer 13

anyone who has personal knowledge of the matter about which they are going to testify and is willing to make an oath of the truth

Question 14

A juror can NOT testify as a witness on the following issues

Answer 14

1. any statement during deliberations
2. any incidendents that occured during deliberations
3. the effect of anything on a juror’s mind

Question 15

A juror can testify after the trial about

Answer 15

1. information that was improperly brought to their attention
2. an outside influence improperly brought to bear on a juror
3. clerical or technical error
4. race or gender

Question 16

3 ways to impeach a witness

Answer 16

1. untruthful
2. bias
3. sensory competence

Question 17

How to impeach

Answer 17

1. character witness testimony
2. specific acts
3. criminal convictions
4. prior inconsistent statements
5. impeachment of a hearsay declarant
6. rehabilitation of a witness

Question 18

When is criminal convictions admissable

Answer 18

1. crimes involving dishonesty or false statements
2. Felonies- unless the risk of prejudice outweighs the probative value

Must not be older than 10 years unless the probative value substantillay outweighs the prejudicial

Question 19

Impeachment prior inconsistent statements

Answer 19

• can be done with any kind of statement, extrinsic evidence can be used when the witness is given an opportunity to rebute the information

Question 20

Rehabilitate a Witness

Answer 20

1. give them chance to explain
2. prior consistent statement
3. evidence bolstering the witness’s truthful character1

Question 21

Lay witness testifying

Answer 21

Facts , not opinion. But opinon is okay for common sense impressions such as appearance, intoxication, speed, etc.

For the opinion to be admissable, the opinion must be based on perception and helpful to a clear understanding of the witness’s testimony or the determination of a fact in the case.

Question 22

Expert witness

Answer 22

An expert witness may offer opinion or conclusions if (1) the subject matter is scientific, technical, or other specialized information; and (2) it will help the trier of fact understand the information

courts have generally denied info about witness creditability

Question 23

Expert qualifications requirements

Answer 23

1. be qualified by knowledge, skill, experience, training, or education
2. base his testimony on facts
3. use reliable principals
4. apply the principals reliably

Question 24

Can an expert gave their opinion on the ultimate issue in a case?

Answer 24

yes

Question 25

An expert may base his opinion on

Answer 25

1. personal obervations
2. evidence presented at trial
3. information reasonably relied upon by experts