Evidence

Question 1

relevance

Answer 1

evidence is relevant if it has any tendency to make a fact of consequence in the action more or less likely to be true

Question 2

Rule 403 balancing test

Answer 2

court may exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice

Question 3

four hearsay exemptions (non-hearsay)

Answer 3

1. statement by opposing party
2. testifying witness’ prior inconsistent statement made under oath
3. testifying witness’ prior consistent statement that rehabs the witness
4. testifying witness’ prior statement of identification

Question 4

vicarious admission by a party opponent

Answer 4

statement made by some other person than the opposing party but is attributable to the party bc of the relationship between them (usually employer-employee)

Question 5

two situations in which a prior inconsistent statement can be admitted as substantive evidence (for TOMA)

Answer 5

1. a statement given under oath at a legal proceeding (considered nonhearsay)
2. if the statement falls under another nonhearsay exemption or a hearsay exception

Question 6

excited utterance

Answer 6

statement relating to a startling event or condition made while the declarant was still under the stress of the event or condition

Question 7

former testimony hearsay exception- what are the requirements for the person against whom the testimony is being offered?

Answer 7

(unavailable declarant hearsay exception)
person must have been a party in the previous action with an opportunity and similar motive to cross examine the declarant

Question 8

statement against interest

Answer 8

a statement against the declarant’s financial, ownership, or penal interest at the time it was made such that a reasonable person would not have made it unless it was true

Question 9

additional requirements for the statement against penal interest offered in a criminal case as a statement of someone other than the defendant

Answer 9

the statement must be corroborated by other evidence

Question 10

in what types of cases is a dying declaration applicable

Answer 10

civil cases or homicide prosecutions

Question 11

Confrontation Clause

Answer 11

• applies in a criminal case
• when the declarant is unavailable
• the evidence is testimonial
  The evidence will be inadmissible unless the D is given a prior opportunity to cross examine the declarant

Question 12

when will a hearsay statement not be admitted under the confrontation clause even if it meets an exception

Answer 12

1) the statement is offered against the accused in a criminal case
2) the declarant is unavailable to testify at trial
3) the accused had no opportunity to cross the unavailable declarant’s statement prior to trial and
4- the statement is testimonial

Question 13

when are statements testimonial

Answer 13

when they are made during police interrogations where the primary purpose of the interrogation was to establish or prove past events potentially related to a criminal prosecution

Question 14

when are statements not testimonial

Answer 14

when their primary purpose is to help the police address an ongoing emergency

Question 15

spousal privilege

Answer 15

protects communications before and during marriage
lost at divorce
applies in criminal cases ONLY
holder under common la is party spouse
holder under majority (federal courts) is the witness spouse

Question 16

martital communications privilege

Answer 16

ONLY protects communications made DURING the marriage
survives divorce
applies to both criminal and civil proceedings
both spouses can assert (to prevent the other from disclosing)

Question 17

what are the four hearsay exceptions that require an unavailable declarant

Answer 17

former testimony
statement against interest
dying declarations (homicide crim case and civil cases only)
statements of personal or family history

Question 18

methods of impeachment

Answer 18

• prior inconsistent statement