Evidence

Question 1

Similar occurrences

Answer 1

generally inadmissible, but admissible to prove causation, a pattern of fraudulent claims, pre-existing conditions, intent, absence of mistake, industry custom, business routine, etc

Question 2

Habit evidence

Answer 2

Admissible to show that a person acted in conformity with that habit on a given occasion - must be
(1) highly specific, and
(2) frequently repeated

Question 3

Ancient docs

Answer 3

automatically authenticated if
(1) 20 + years old
(2) in a condition that creates no suspicion of authenticity
(3) found in a place where such writing would be kept

Question 4

use of docs during testimony

Answer 4

• present recollected refreshed - read by W
• past recorded recollection - can be admitted as a hearsay exception if
  (1) W once had knowledge of the record
  (2) W’s memory is insufficient to testify as to the record
  (3) record was made or adopted by W when the matter was fresh in their memory
  (4) record accurately reflects W’s knowledge

Question 4

Best evidence rule

Answer 4

When evidence is offered to prove the contents of the writing / photo, the original document must be provided unless unavailable

• does not apply to testimony if the W has personal knowledge of the facts

Question 5

lay witness opinion

Answer 5

Admissible if it is
(1) rationally based on W’s perception
(2) helpful to the trier or fact
(3) not based on scientific, technical, or other specialized knowledge

Question 6

expert opinion

Answer 6

Admissible if
(1) helpful to the trier of fact
(2) expert is qualified
(3) reasonable certainty - reliable methods reflect reliable use of principals
(4) under a proper factual basis

Question 7

dead man act

Answer 7

provides that in civil cases a person interested is incompetent to testify as to a transaction or communication with the deceased when offered against the representative or successor in interest of the deceased

Question 8

determination of expert witness reliability

Answer 8

the reliability is determined by the judge, considering TRAP
- Testing of principle / methodology
- Rate of error
- Acceptance by experts of the same discipline
- Peer review and publication

Question 9

vicarious statements / admissions

Answer 9

must (1) concern a topic within the scope of employment and (2) made during the existence of employment / agency

Question 10

judicial notice

Answer 10

facts not subject to reasonable dispute because
(1) the fact is generally known within the trial court jurisdiction, or
(2) the fact can be accurately determined from sources whose accuracy cannot reasonably be questioned

Question 11

rape shield laws

Answer 11

Civil
- rep, opinion, and specific evidence is admissible under a reverse 403 balance
- reputation can only come in if V puts her rep at issue

Crim
- rep and opinion evid inadmissible. Specific instances can come in to show prior acts of consensual sex or that someone else is the source of DNA