Evidence 2.0

Question 1

What are 4 exampels of things that could affect a witnesses’ perception/ memory that can be used to impeach a witness?

Answer 1

1. bad eyesight/ hearing
2. mental retardation
3. forgetfulness
4. intoxication at time of event/ on witness stand

Question 2

What are the 3 reqs for a certified business record to be admissible under the hearsay exception?

Answer 2

1. be certified by someone w/ in business
2. who knows records regularly made &
3. docs made in regular way at time of event recorded in record

Question 3

How can a photo(s) be authenticated?

Answer 3

by witness testifying based on personal knowledge that photo is accurate

Question 4

What are 5 examples of self-authenticating docs?

Answer 4

1. official publication
2. certified copies of public/ private docs
3. newspaper/ periodicals
4. commerical paper
5. certified business records

Question 5

In civil case, when is character evidence admissible? (propensity)

Answer 5

when character is material issue in case (ex defamation) otherwise inadmissible

Question 6

In crim case, when may character evidence be admissible? (propensity)

Answer 6

D introducing evidence of own good character for relevant trait
-prosecution may rebut w/ evidence of bad character for same trait

Question 7

In civil case, what 3 methods for providng character can be used?

Answer 7

1. specific acts
2. opinion tests
3. reputation test

Question 8

In crim case, what 2 methods of proving character can be used?

Answer 8

1.reputation
2. or opinion testimony
(no specific acts)

Question 9

What does propensity evidence mean?

Answer 9

evidence person acted in conformity w/ character trait on particular occasion in question (ususally inadmissible)

Question 10

When are Ds other crimes/ specific bad acts admissible? (other than to rebut Ds good character assertion)

Answer 10

When offered for some purpose other than propensity

Question 11

What are the 5 purposes that a Ds other crimes/ bad acts can be admitted to show?

Answer 11

MIMIC

1. motive
2. intent
3. mistake/ accident
4. ID (D commited crime in same area/ day & modus operandi)
5. common scheme/ plan

Question 12

What is the burden of proof for MIMIC submissions?

Answer 12

Preponderance of the evidence

Question 13

May the prosecution offer evidence of Ds prior sexual assaults/ child molestation to prove propensity?

Answer 13

Yes, such evidence is admissible, convictions not needed

Question 14

In what 2 situations is a plantiffs accident history admissible?

Answer 14

To show:

1. fradulent scheme/ plan
2. causation (body part P claims injured was result of previous accident)

Question 15

What makes evidence relevant? (2)

Answer 15

1. involves material fact (materiality) that

2. tends to make that fact more or less probable than without evidence (probability)

Question 16

If a party seeks to prove the contents of a writing, what must the party produce? (best evidence rule)

Answer 16

original writing OR acceptable excuse for its absence

Question 17

What 3 things are not covered by the attorney-client priviledge?

Answer 17

1. underlying info
2. pre-exisiting docs
3. physical evidence

Question 18

What 4 conditions must be shown for an expert opinion to be given by a witness? (4)

Answer 18

1. witness is qualified by education or experience
2. testimony is about subject matter where scientific, technical/ specialized knowledge will be helpful to jury
3. witness’ opinion has proper basis
4. witness’ opinion is reliable

Question 19

What are the 4 parts of the reliability standard for scientific evidence given by an expert?

Answer 19

Daubert Standard (MBE)

1. tested
2. known rate of error
3. subject to peer-review
4. generally accepted

Question 20

What are the 3 attorney work products?

Answer 20

1. Writing that reflects opinion
2. legal research
3. Theories (in writing)

Question 21

In what 2 situations does the marital communication priviledge not apply?

Answer 21

when comm. in furtherance of

1) crime or fraud
2) destruction of family unit (es spousal/ child abuse)

Question 22

What is the marital communications priviledge?

Answer 22

Covers/ exculdes all confidental communications between married spouses. Includes non-verbal.
-can be wavied by either spouse

Question 23

What is spousal immunity?

Answer 23

1 spouse does not have to testify against another in crim case as long as D & witness are married
-can be waived by witness spouse

Question 24

What type of doctor-patient relationships are recognized under the docter-patient priviledge?

Answer 24

All professionals considered doctors (physiotherapists/ physicians)

Question 25

What type of religions are covered by the clergy priviledge?

Answer 25

confidential communication w/ clergy in religion that requires confidences be kept

Question 26

What does the attorney-client priviledge apply to?

Answer 26

confidental communication between attorney and client made DURING professional legal consultation (not social advice)
-may be waived by client

Question 27

What 3 conditions must be shown for a photo to be used as evidence (silent witness)?

Answer 27

1. camera working
2. film removed, developed properly
3. film not tampered