Evidence Flashcards
Evidence Opening Statement
The Federal Rules of Evidence attempt to provide fact finders with reliable relevant facts and exclude all else.
What are threshold questions regarding the admissibility of evidence?
In order for evidence to be admitted, it must be relevant, having any tendency to make a material fact at issue more or less likely. Under the idea that “a brick is not a wall,” the evidence need not conclusively prove the fact, only make it more probable than without the evidence. Still, the court has discretion to exclude relevant evidence if it finds that its probative value is outweighed by its danger for unfair prejudice, confusion, or undue delay.
When is character evidence admissible for the purpose of proving action in conformity therewith?
In a civil case, where that character trait is at issue; or in a criminal case, related character of the D (usually peacefulness/truthfulness) if offered by the D (and V’s pertinent character on same trait if offered by D), or V’s character for peacefulness by the prosecution if self-defense is raised.
How do you prove character?
Crimes, wrongs, or other acts are prohibited to prove character or propensity, but admissible with notice for other purposes, such as plan, opportunity, absence of mistake, etc. To prove character, specific conduct is only admissible if the character trait is essential to the claim or defense; if not essential, use reputation in the general community or one person’s generalized opinion (specific acts may come in on cross here).
When and how can you attack the character of a witness?
A witness’s credibility may be attacked in the form of opinion or reputation evidence only for untruthfulness (or truthfulness if first attacked). Specific acts of conduct for untruthfulness may only be introduced on cross-examination (of that or another witness). Separately, a witness’s credibility may be attacked by evidence of a prior felony (only if probative value outweighs prejudicial effect for the crim D) or any crime that involves dishonesty, if either occurred within the last ten years (or longer if PV substantially outweighs PE), and it was not juvenile if a crim D.
How do prior witness statements get in for impeachment purposes?
Prior inconsistent statements of a witness may be introduced to impeach credibility (not for truth of statement unless a hearsay exception applies too) if the witness has an opportunity to explain, and if revealed with extrinsic evidence, the evidence is relevant and not collateral (must be showed to opposing counsel).
What are the categories of statutory nonhearsay?
Prior statement by a witness (inconsistent and under oath at prior formal legal proceeding, consistent and offered to rebut express or implied charge of improper motive, or prior ID of a person made after perceiving the person) and statement of a party-opponent (whether own, adopted, authorized, an agent’s, or a co-conspirator’s).
What are the main exceptions to the hearsay rule, where availability of the witness is immaterial?
Present sense impression, excited utterance, then-existing mental/emotional/physical condition, statements made for medical treatment, recorded recollection (read into evidence unless offered by OP), business records, public records, ancient documents, learned treatises (read into evidence), etc.
What are the exceptions to the hearsay rule when the declarant is unavailable?
(Unavailability: death/infirmity, asserted privilege, absence, lack of memory)
Former testimony at a hearing of deposition (if OP had opportunity and similar motive to develop the testimony then), statements against interest, and belief of impending death (concerning the cause), statements of personal or family history.
When does the Confrontation Clause of the 6th Amendment apply?
In a criminal trial, the accused has a right to confront the witnesses against him, but only if the out-of-court statement was testimonial, where the declarant could reasonably foresee the later prosecutorial use of the statement (not just while police are responding to an ongoing emergency).
