Evidence Flashcards
What must evidence be to be admissible according to FRE 403?
Relevant
Relevance can be logical or legal.
Define logical relevance in the context of evidence.
If evidence has any tendency to make a material fact of consequence more or less probable than it would be without the evidence.
List some instances where similar happenings may be relevant.
- Prove intent
- Rebut defense of impossibility
- Show causation
- Establish a pattern in fraudulent claims
- Show a preexisting condition
- Comparable sales relevant to establish value
- Evidence of habit
- Routine practice
- Industrial custom
What is legal relevance?
The court may exclude evidence if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or waste of time.
Which types of evidence are inadmissible to prove culpable conduct?
- Liability insurance
- Subsequent remedial measures
- Settlement offers
- Offers to pay medical expenses
- Criminal pleas
In criminal cases, what is the rule regarding character evidence for defendants?
Prosecutor can’t first offer character evidence unless in a homicide case where the defendant alleges self-defense.
What is the Rape Shield Law in criminal cases?
Reputation and opinion not allowed for the victim; specific acts are OK to show third-party source of physical evidence or prior consent.
In civil cases, under what conditions can character evidence be admitted?
Inadmissible to prove conduct unless character is at issue.
What types of evidence can be used in civil cases where character is at issue?
- Opinion
- Reputation
- Specific acts
What must a witness demonstrate to be considered competent?
- Personal knowledge
- Present recollection
- Ability to communicate
- Sincerity
What are some grounds for disqualification of a witness?
Only judges and jurors are automatically disqualified; no disqualification for insanity, religious belief, or age, but may affect credibility.
List some common objections to witness testimony.
- Calls for narrative
- Unresponsive
- Leading questions
- Assumes facts not in evidence
- Argumentative
- Compound
What is impeachment in the context of witness testimony?
Evidence to attack the credibility of witnesses.
What is required for prior inconsistent statements to be admissible?
Extrinsic evidence is OK if not a collateral matter and the witness is given an opportunity to explain or deny.
Under what conditions can prior convictions be admitted to impeach a witness?
- Felonies and misdemeanors involving false statements are always admissible unless over 10 years old.
- Felonies not involving false statements subject to balancing; misdemeanors not admissible.
What is required for lay opinion testimony to be admissible?
Based on the witness’s perceptions and helpful to the trier of fact.
What are the requirements for expert opinion testimony?
- Helpful to the jury
- Qualified
- Supported by proper factual basis
- Reasonable degree of certainty
- Based on reliable principles that were reliably applied
What is the Fed/Daubert standard for expert testimony?
- Theory/technique must be peer-reviewed and published
- Tested and subject to retesting
- Low error rate
- Reasonable level of acceptance
What is judicial notice?
If facts are generally known within the jurisdiction or capable of accurate and ready determination using sources whose accuracy can’t reasonably be questioned.
In civil cases, what is the effect of judicial notice?
Judicial notice is conclusive.
In criminal cases, what is the jury’s requirement regarding judicial notice?
The jury may but doesn’t need to accept.
What is the standard of proof in criminal cases?
Beyond a reasonable doubt.
What is the standard of proof in civil cases?
Preponderance of evidence.
What does a presumption do in a legal context?
Shifts the burden to the party against whom the presumption is asserted.