Evidence

Question 1

What are the three elements of Attorney-Client Privilege?

Answer 1

1. Relationship between attorney and client already exists
2. Client holds the privilege
3. Communication with attorney with a reasonable expectation of privacy

Work product will also be privileged, except if done only for the attorney themselves.

Question 2

Does the client need to speak directly to the attorney for the privilege to apply?

Answer 2

No, the client can speak to anyone working for the attorney on the case.

Question 3

True or False: Attorney-Client Privilege lasts indefinitely.

Answer 3

True.

Question 4

What are the exceptions to Attorney-Client Privilege?

Answer 4

1. Cleint is seeking advice on committing a crime
2. There is a dispute between lawyer and client

Question 5

What does Doctor/Patient Privilege relate to?

Answer 5

Statements made to the doctor about treatment or diagnoses.

Question 6

Under what condition does Doctor/Patient Privilege still hold if other people are present?

Answer 6

If they are there to assist the doctor or patient.

Question 7

What are the exceptions to Doctor/Patient Privilege?

Answer 7

1. Patient puts their condition at issue
2. Dispute between doctor and patient

Question 8

What type of communications are protected under Communication Privilege between Spouses?

Answer 8

Disclosures of communications during marriage.

Question 9

True or False: Communication Privilege between Spouses survives divorce.

Answer 9

True.

Question 10

When does the Spousal Testimonal Privilege apply?

Answer 10

Applies when the couple is married at the time of the trial because privilege ends at divorce

Question 11

What does the Spousal Testimonal Privilege cover?

Answer 11

The privilege covers anything said before or during the marriage

Question 12

In Testimonial Privilege, who holds the privilege?

Answer 12

The witness spouse.

The defendant spouse cannot insert privilege

Question 13

What is the exception to Testimonial Privilege?

Answer 13

1. Statements about future crimes
2. Statements about child or spousal abuses

Question 14

What is Judicial Notice?

Answer 14

When a judge takes notice of evidence not subject to dispute or opinion.

The day of the week

Question 15

When must a judge take judicial notice?

Answer 15

1. When requested by a party
2. When there is evidence of federal or state law

Question 16

When may a judge take judicial notice?

Answer 16

• Whenever they want; regardless of if either party requested it or not
• may take notice of any foreign law or municipal ordinances

Question 17

What is the effect of taking judicial notice

In civil cases?

Answer 17

The jury must accept the fact as conclusive.

Question 18

What is the effect of taking judicial notice

In criminal cases?

Answer 18

The jury may accept the fact as conclusive

Question 19

Is evidence of Subsequent Remedial Measures admissible to show negligence?

Answer 19

No, it violates public policy.

Question 20

What is the exception for evidence of Subsequent Remedial Measures?

Answer 20

Admissible to show ownership/control.

Question 21

Is evidence of liability insurance admissible to show negligence?

Answer 21

No.

May come in to show bias

Question 22

What is the exception for statements made when offering to settle?

Answer 22

There was not a dispute between the parties at the time the statement was made.

Question 23

Fill in the blank:

Statements made with an offer to compromise and an admission are _______.

Answer 23

inadmissible.

Question 24

Are statements made during plea negotiations admissible?

Answer 24

No

Question 25

What is the rule regarding Past Sexual Conduct of a Victim?

Answer 25

Not admissible to show other sexual behavior or sexual predisposition.

Question 26

What are the exceptions for Past Sexual Conduct in criminal cases?

Answer 26

1. To show consent 2. To protect the defendant's constitutional rights 3. To show someone other than the defendant is the source of physical evidence

Question 27

What are the exceptions for Past Sexual Conduct in civil cases?

Answer 27

Only admissible if the probative value outweighs the prejudicial effect

Question 28

What makes a matter relevant?

Answer 28

It has a tendency to make a fact more or less probable. ## Footnote Relevant evidence is generally admissible

Question 29

What are the reasons for exclusion of relevant evidence?

Answer 29

1. Unfair prejudice 2. Misleading the jury 3. Confusing issues 4. Delay 5. Wasting time

Question 30

What is required for authentication of documents?

Answer 30

Evidence must support a finding that the document is what it purports to be.

Question 31

How does a party prove something is authentic?

Answer 31

* direct testimony identifying the object * special markings * testimony from someone with personal knowledge who is familiar with the object

Question 32

What is an example of self-authenticating evidence?

Answer 32

1. Official documents 2. Notarized documents 3. Newspapers

Question 33

When is character evidence generally inadmissible?

Answer 33

When it is too prejudicial.

Question 34

What are exceptions to admitting character evidence in civil cases?

Answer 34

Admissible when character is at issue in: 1. Defamation 2. Child custody 3. Negligent entrustment 4. Misrepresentation/fraud ## Footnote Can be proven with opinion, reputation, and specific acts

Question 35

Character evidence in criminal cases for defendant

Answer 35

Evidence is admissible when defendant opens the door with evidence of their good character. Defendant can prove their good character with reputation and opinio testimony for: * peacefulness - murder cases * honest and trustworthiness

Question 36

Character evidence in criminal cases for prosecution

Answer 36

Once defendant opens the door, prosecution can now rebut the evidence with bad character evidence that negates that same particular trait * can use own witness to show reputation or opinion; or * can ask defendant’s witness about specific acts

Question 37

What is MIMIC evidence?

Answer 37

Evidence to prove a party's * Motive, * Intent, * Mistake (absence of mistake), * Identity, or * Common plan or scheme

Question 38

When claiming self-defense, what can the defendant show?

Answer 38

Evidence that the other party was the initial aggressor.

Question 39

When is Habit evidence admissible?

Answer 39

Admissible to show a semi-automatic response to a specific and frequent situation