Evidence Flashcards
What are the key areas into which evidence issues can be divided?
Presentation, Relevance, Tangible evidence, Witnesses, Privileges, Hearsay, Constitutional issues
What is ‘judicial notice’?
A court’s recognition of the truth of certain facts without formal evidence
What are the two types of relevance in evidence law?
- Logical
- Legal
What is the Rule 403 balancing test?
Excludes evidence if its probative value is substantially outweighed by dangers such as unfair prejudice or confusion
What types of policy exclusions are there in evidence law?
- Subsequent remedial measures
- Compromise offers or negotiations
- Offers to pay medical expenses
- Plea negotiations
- Liability insurance
- Sexual conduct
In a civil case, when is character evidence admissible?
When character is an essential element to a claim or defense, or to prove past sexual assault/molestation
What is the ‘Best Evidence Rule’?
Requires the original document or a reliable duplicate to prove the contents of a writing, recording, or photograph
What does the parol evidence rule state?
Bars extrinsic evidence of prior or contemporaneous statements that contradict a written agreement if it is an integrated agreement
What is required for a witness to be competent to testify?
Personal knowledge and an oath
What can be used to impeach a witness?
- Character or criminal conviction
- Prior inconsistent statements
- Bias
- Sensory deficiency
What are the exceptions to the hearsay rule that require an unavailable declarant?
- Former testimony
- Dying declaration
- Statement against interest
- Statement of personal or family history
- Forfeiture against wrongdoing
What are some exceptions to the hearsay rule that do not require an unavailable declarant?
- Excited utterance
- Present sense impression
- Statement of present mental/physical condition
- Statement made for medical treatment
- Recorded recollection
- Business records
- Public records
- Catch-all exception
What does the Confrontation Clause of the Sixth Amendment state?
A defendant must have the opportunity to confront and cross-examine the declarant of hearsay evidence against them
True or False: Evidence of a victim’s prior sexual conduct is generally admissible in criminal cases.
False
Fill in the blank: The _______ protects communications made during the attorney-client relationship.
Attorney-client privilege
What is required for expert opinion testimony to be admissible?
- Qualified by knowledge, skill, training, experience, or education
- Based on sufficient facts or data
- Product of reliable methods
- Applied methods reliably to the facts
- Reasonably certain in opinion
What is the significance of ‘habit’ in evidence law?
Habit is admissible to prove conforming conduct and is a consistent repeated response to a specific situation
What are the exceptions to the attorney-client privilege?
- Services sought for future crime/fraud
- Dispute between attorney and client
What does ‘impeachment’ refer to in legal terms?
The process of challenging the credibility of a witness
What are the factors determining the existence of an “ongoing emergency”?
- The nature of the dispute
- The scope of the potential harm to the victim
- The existence of a more generalized threat to the public
- The threat to additional identifiable victims
- The suspect’s choice of weapon
- Whether suspect remainder ”at large” or had been located (but not yet apprehended) by the police and/or any other first responders
