Evidence Flashcards
Virginia Dead Man’s Statute
Predecessors in interest or those directly affected financially would be disqualified from testifying.
BUT (Virginia distinction) can get in with corroboration
Evidence on Criminal Defendant’s Character When Character is an essential element
When Character is an essential element of the crime, Defendant may present reputation/opinion testimony OR Specific Instances of Conduct
Plaintiff may then present/rebut with either type as well
Evidence of a pertinent trait in criminal cases
May be presented as reputation/opinion but NOT SIC
Plaintiff may rebut with reputation/opinion OR SIC on cross (NOT extrinsic)
Virginia Distinction on Prior Inconsistent Statements
Inadmissible
What are the general permissible venues
1) Where Defendant resides or principal place of employment;
2) Where non-individual Defendant has its principal office or place of business;
3) Where Defendant has a registered office or agent to receive process;
4) Where Defendant conducts substantial business provided that a practical nexus between the forum and parties exists
5) Where cause of action arose