Evidence

Question 1

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent remedial measure is not admissible to prove …

Answer 1

… negligence, culpable conduct, a defective product or design, or the need for a warning or instruction.

Question 1

Whether the information sough in discovery will be inadmissible at trial …

Answer 1

… is not grounds for objection if the information appears reasonably calculated to lead to the discovery of admissible information.

Question 2

Evidence must be ___ to be admissible, and all ___ evidence is admissible unless ___.

Evidence is ___ if it is ___ and ___.

Answer 2

… relevant … relevant … excluded by a specific rule, law, or constitutional provision.

… relevant … probative … material.

Question 3

Relevant evidence may be excluded if its …

Answer 3

… probative value is substantially outweighed by the danger of unfair prejudice.

Question 4

Character evidence, which is ___, including ___, is generally ___.

Specifically, a prosecution is not permitted to introduce evidence of …

However, a defendant’s bad acts are admissible for …

Answer 4

… generalized information about a person’s behaviors … evidence that the defendant is a criminal … inadmissible.

… a defendant’s bad character to prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question.

… another purpose, such as motive, intent, absence of mistake, identity, or common plan (MIMIC evidence).

Question 5

In a ___ case, a spouse may be compelled to testify on behalf of the other spouse, but neither spouse may be compelled to testify against the other except for …

This privilege is called ___ and the spouse who ___ holds the privilege and may testify if ___.

Answer 5

… criminal … the prosecution of certain offenses, such as a crime committed by one spouse against the other.

… spousal immunity … is called to testify … if she chooses (unless it’s for a crime against the spouses).

Question 6

In addition to spousal immunity, Virginia recognizes ___ which are ___.

Unlike spousal immunity, spouse may …

Answer 6

… privileged marital communications … communications made between spouses while married.

… refuse to disclose, and prevent the other spouse from disclosing any confidential communications between them during their marriage.

Question 7

Hearsay is …

Hearsay is generally not admissible unless it falls within a recognized exception.

Answer 7

… a statement, verbal or non verbal, that is not made by the person testifying offered to prove the truth of the matter asserted.

Question 8

An excited utterance is an exception to ___ and it’s a ___ and made by ___ at a time and under circumstances ___.

If the statement is made contemporaneously with an accident it is a ___.

Answer 8

… hearsay …spontaneous or impulsive statement prompted by a startling event … a declarant with firsthand knowledge … negating deliberation.

… present sense impression and an exception to the hearsay rule.

Question 9

The determination of admissibility of evidence is within the discretion of ___.

When evidence is offered, the ___ must first …

Answer 9

… the court.

… court … authenticate or identify the declarant.

Question 10

An out of court statement made by a criminal defendant is admissible as …

Answer 10

… a party admission (hearsay exception).

Question 11

Authentication must be proven by ___.

Answer 11

… a preponderance of the evidence.

Question 12

The Commonwealth may present victim impact testimony and the defendant’s prior criminal history (adult or juvenile). The Commonwealth must provide the defendant 14-days notice prior to trial of its intention to introduce copies of final orders evidencing the defendant’s prior criminal history, and must provide copies of any such final order evidence it intends to introduce at sentencing. The defendant may then introduce any relevant, admissible evidence related to punishment. The Commonwealth may then rebut with similar evidence.

Answer 12

True.

Question 13

The work-product doctrine applies to …

The doctrine protects covered materials from ___ unless ___ can show they have a ___ and

Answer 13

… (1) documents (2) prepared by a lawyer or their lawyer’s team (3) in anticipation of litigation.

… discovery … opposing counsel … substantial need for it … cannot, without undue hardship, obtain an equivalent by other means.

Question 14

The attorney-client privilege covers …

However, the ___ are not “communications.”

Further, the privilege is waived where the communication takes place under circumstances that …

Answer 14

… (1) a communication (2) made between privileged persons (3) in confidence (4) for the purpose of obtaining or providing legal assistance.

… underlying facts …

… persons outside the privilege can overhear what is said.

Question 16

Judges may take judicial notice whether ___ and that in doing so the court may consult the ___.

Answer 16

… specifically pleaded or not … appropriate document or publication.

Question 17

In Virginia, copies of records made or received in the ordinary course of business are…

Answer 17

…admissible to the same extent as the original, regardless of whether the original is still in existence.

Question 18

A court may take judicial notice of a factual matter not subject to reasonable dispute in that it is either:

Answer 18

(1) common knowledge OR
(2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably bequestioned.

Court’s may take judicial notice of governors or judicial signatures affixed to official documents. Judges also may not serve as witnesses in cases over which they preside.