Evidence 26-30 Flashcards
When is Refreshing a Witness’s Recollection using a document permitted?
When:
The witness once had a personal knowledge of the matter,
But is unable to recall the matter when testifying.
In CA: The refreshing may be done prior to or during trial.
**Only the opposing party may offer the document into evidence.
Priority: Medium
What is the Scope of Cross-Examination?
The subject matter of the direct examination(s); AND
Matters affecting the witness’s credibility.
Priority: Low
When may a court take Judicial Notice?
When indisputable factsare either:
Commonly known in the community; OR
Readily capable of verification and cannot be reasonably questioned.
FRE: In civil cases, the court must instruct the jury to accept the facts as conclusive. In criminal cases, they must instruct the jury that they may or may not accept the noticed facts as conclusive.
CA: Judicially noticed facts are conclusive in civil & criminal cases.
Priority: Medium
Trial Objections
What is a leading question, and when are they permitted on direct examination?
One that suggests an answer to a witness. They are allowed on direct when:
The witness is hostile, an adverse party (or identified with);
It clarifies background information; OR
The witness has difficulty remembering.
In CA: Leading questions are ONLY permitted on direct examination in the interests of justice.
Priority: Medium
What is a Lay Witness?
When is Lay Witness testimony admissible?
Any person who gives testimony in a case that is NOT called as an expert. Their testimony is admissible if they are competent to testify (FRE: competency is presumed, additionally. CA: the witness must understand the legal duty to tell the truth).
They must take an oath to tell truth, only testify to matters of personal knowledge, AND have the capacity to perceive, recall, and communicate.
Priority: HIGH
