Evidence

Question 1

EVIDENCE - 3-Witnesses - B-Impeachment - 5-Bias or Interest

1. What is impeachment based on bias?

Answer 1

1. BIAS IS RELEVANT TO CREDIBILITY

• a witness may be impeached based on bias, eg, relationship to a party, avoid prosecution, receive inheritance

Question 2

EVIDENCE - 4-Tangible Evidence - B-Best Evidence Rule - 0-Best Evidence Rule

1. What is the best evidence rule?

Answer 2

1. BEST EVIDENCE = ORIGINAL USED TO PROVE CONTENTS

• if the contents of a writing, recording, or photograph are at issue, the original should be used if available

Question 3

EVIDENCE - 4-Tangible Evidence - B-Best Evidence Rule - 3-Exceptions

1. Under the best evidence rule, what happens if the original is destroyed?

Answer 3

1. EXCEPTION - ORIGINAL DESTROYED WITHOUT FAULT

• if the original was destroyed through no fault of the proponent’s bad faith, other evidence may be used

Question 4

EVIDENCE - 7-Hearsay Exceptions - A-Declarant Unavailable as a Witness - 2-Former Testimony

1. What is the hearsay former testimony exception?

Answer 4

👣🌲🪓

1. UNAVAILABLE WITNESS’S FORMER TESTIMONY AT TRIAL, HEARING, DEPOSITION

• hearsay of a witness’s former testimony may be admitted if:
  
  1. the witness previously testified at a trial, hearing, or deposition
  2. the witness is unavailable
  3. the party against whom it is offered had the opportunity and a similar motive to develop the witness’s testimony
• testimony given at a grand jury hearing cannot be used

Question 5

EVIDENCE - 7-Hearsay Exceptions - B-Declarant’s Availability Immaterial - 3-Statement of Mental, Emotional, or Physical Condition

1. How can a present sense impression be used to show conduct?

Answer 5

1️⃣🥤⏰📸

1. STATEMENT OF PRESENT PLAN TO PROVE CONDUCT

• a statement of declarant’s then-existing intent, motive, or plan may be used to prove conduct in conformity with that state of mind

Question 6

EVIDENCE - 7-Hearsay Exceptions - B-Declarant’s Availability Immaterial - 5-Recorded Recollection

1. What is a recorded recollection?

Answer 6

🛤️📝🐈‍⬛🚃🦠🚪 RR KAT TRAIN MAT FUR

1. WITNESS FORGOT INFORMATION THAT WAS RECORDED

Recorded Recollection:

1. W once knew the information
2. record was made or adopted when fresh
3. record accurately reflects W’s knowledge
4. W can’t testify to it fully without the record

• W can use the record to testify as to that knowledge
• The record may be read into evidence