Evidence

Question 1

Can this lay witness testify about their opinion?

Answer 1

Generally not ok.

Only ok when:
- rationally based on witness’s perception
- helpful for jury to understand or make determination
- not based on scientific, technical, or other specialized knowledge

general appearance of person, state of emotion, speed of object, intoxication, voice/handwriting/rational or irrational nature of person’s conduct = all ok

Question 2

Can this expert witness testify about their opinion?

Answer 2

• expert qualified as to scientific, technical or other specialized knowledge
• expert opinion based on proper factual basis (personal observations, facts made known, facts supplied)
• can give opinion as to ulitmate issue in case EXCEPT of the accused’s mental state in criminal case where that mental state is element of crime

Question 3

Can Plaintiff offer evidence of good character?

Answer 3

Character evidence is generally inadmissible in a civil case unless character is directly at issue.

Question 4

Habit Evidence

define and rule

Answer 4

Habit describes a person’s:
- regular response
- to a specific set of cirucmtances

Admissible to prove person acted in conformity with the habit

Question 5

witness sensory deficiency

Answer 5

A witness can be impeached on cross-exam or by extrinsic evidence of sensory deficiency

Question 6

When is a witness competent to testify?

Answer 6

All witnesses:
* personal knowledge on the subject matter
* sworn oath or affmiration that witness will tesitfy truthfully
* all witnesses presumed competent

exper AND lay

Question 7

Relevant evidence can be excluded by a judge if the probative value outweighed by

Answer 7

• danger of unfair prejudice
• confusion of the issues
• waste of time, or
• misleading the jury

Question 8

When may relevant evidence be excluded for public policy reasons?

Answer 8

• Liability insurance
• Subsequent remedial measures
• Settlement offers and accompanying facts
• Payments or offers to pay medical expenses
• Withdrawn guilty pleas and accompanying statements

Question 9

What are the two basic hypos related to impeachment?

not a rule stmt

Answer 9

1. contradicting what witness said or saw
2. bad things witness on stand did in the past

Question 10

What if witness has Prior Felony Conviction?

Answer 10

admissible to impeach if
1. felony w/in last 10 years
2. also passes balancing test
- both civ and crim

Question 11

What if witness has Prior Conviction that reflects on her Honesty/Truthfulness?

Answer 11

Admissible to impeach if
- felony or misdemeanor
- proved by reputation, opinion, or specific instances of conduct
- both civ and crim

Question 12

How can you impeach someone w/ their prior bad acts (not convictions)?

Answer 12

• generally = inadmissible
• regarding honesty/truthfulness = admissible
• no extrinsic evidence comes in
• civ and crim