evidence Flashcards
What is hearsay?
A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Why is it important to determine if a statement is hearsay?
Hearsay is not admissible unless it comes within an exception.
What is an excited utterance?
A statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused.
What is a present sense impression?
A statement describing or explaining an event or condition made while or immediately after the declarant perceived it.
What is a statement for the purpose of medical treatment or diagnosis?
Statements made for and reasonably pertinent to medical diagnosis or treatment that describe medical history, past or present symptoms or sensations, their inception, or their general cause.
What constitutes business records as hearsay exceptions?
A record of acts, events, conditions, opinions, or diagnoses made at or near the time of the event recorded by a person with knowledge in the course of a regularly conducted business activity.
What is the recollection recorded exception?
A record on a matter that the witness once knew about but cannot recall well enough to testify about, made while the matter was fresh in the witness’s memory.
What is the then-existing state of mind exception?
A statement that shows a declarant’s mental, emotional, or physical condition is not hearsay.
True or False: A witness’s prior identification is considered hearsay.
False.
What is the opposing party’s statement exception?
A statement made by an opposing party offered against that party is not hearsay.
What is a statement against interest?
A statement that a reasonable person in the declarant’s position would have made only if believed to be true because it exposed the declarant to liability.
What is the definition of relevancy in evidence?
Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence.
What is the 403-balancing test in evidence admissibility?
Relevant evidence is admissible unless its probative value is substantially outweighed by dangers such as unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
What is required for lay witnesses to testify?
A lay witness must have personal knowledge of the matter she testifies about.
What is the general rule regarding expert witnesses’ knowledge?
An expert witness does not need personal knowledge and can testify based on facts made aware of at trial or through other means.
What are the seven ways to impeach a witness?
bbcc PSR
- Prior inconsistent statements
- Bias and interest
- Conviction of a crime
- Bad acts
- Reputation or opinion for untruthfulness
- Sensory deficiencies
- Contradiction
bbcc PSR
What is the general rule regarding character evidence?
Character evidence is inadmissible to prove that someone acted in accordance with their character at the time the event occurred.
In what civil cases is character evidence permitted?
Character evidence is permitted when character is an essential element of the case, such as in negligent entrustment, defamation, or child custody.
In criminal cases, when can a defendant introduce character evidence?
A defendant may introduce evidence of a pertinent character trait to prove they acted in conformity with that character at the time in question.
What does the Sixth Amendment Confrontation Clause protect?
It protects against the admission of testimonial statements when the declarant is unavailable and the defendant did not have a chance to cross-examine the declarant.
What are some privileges that can exclude evidence?
- Attorney-client privilege
- Spousal privileges
- Physician-patient privilege
- Psychotherapist-patient privilege
True or False: An offer to settle is admissible to prove the validity of a disputed claim.
False.
What is the admissibility of an offer to pay medical expenses?
An offer to pay medical expenses is not admissible to prove liability or the existence of an injury.
What is a subsequent remedial measure in terms of evidence?
It is not admissible to prove negligence or liability but may be used for impeachment or to prove ownership, control, or feasibility of precautionary measures if disputed.
How is the existence of an insurance policy treated in evidence?
It is not admissible to prove liability but may be used to prove agency, ownership, control, or impeachment.
