Evidence Flashcards
Pragmatic Relevance Exceptions Not Admissible If:
Pragmatic Relevance Exceptions Not Admissible If: UM, NU CoW?
Unfair prejudice, Misleading Needlessly cumulative Undue delay Confusing Waste of time
D Evidence of Good Character:
D Evidence of Good Character: OR R OR
offered by Opinion, Reputation
Rebutted by prosecutor thru Opinion, Reputation
Impeach Reqts—Criminal Convictions:
Impeach Reqts—Criminal Convictions: Crime, Pro>Pre, Pre»Pro, X-CrossX
Crimen Falsi = All in w/o court discretion
Felony Accused = Probative value > Prejudicial effect
Felony W = Prejudicial effect substantially > Probative value
How? By Extrinsic evidence & Cross examination
Impeach Reqts—Prior Bad Acts:
Impeach Reqts—Prior Bad Acts: Not Found oXEN, JaG True No Foundation need by laid eXtrinsic Evidence Not allowed entry by recorded Judgment Good faith required probative of Truthfulness only
Victim 1st Aggressor:
Victim 1st Aggressor: OR DO VCR by Opinion or Reputation, prosecutor rebuts by evidence D’s bad character, Opinion, V’s good character, Reputation
When character a Specific Element of the Claim or Offense:
When character a Specific Element of the Claim or Offense: D NICE SORe
Defamation
Negligent Entrustment or Hiring
Insanity/Capacity
Child Custody
Entrapment
Method: Specific acts, Opinion, Reputation
Judicial Notice:
Judicial Notice: NERD JD
Not subject to Reasonable Dispute
Jurisdiction, generally known within
Determination, capable of ready
Authentication:
Authentication: VP CARE WAX Voice/telephone Photos Circumstantial evidence Admissions by party opponent/stipulations Reply letters Eyewitness testimony Writings Ancient documents rule X-rays
Ancient Documents Rule:
Ancient Documents Rule: 20 Regular Place
At least 20 years old
Regular on its face
Place found where reasonably likely
Dead Man Acts:
Dead Man Acts: CaT PaWS Civil cases only Testifying W for his interest Prohibited interested survivor from matters decedent can contradict Waiver for reasonable responses Survivor testifying against decedent
Objections, Form of Examination:
Objections, Form of Examination—CHAS N’ FAMiLy Compound Harassing Argumentative Speculation, Calls for Narrative Facts Not in Evidence, Assuming Asked & Answered Misleading Leading
Lay Opinion Testimony:
Lay Opinion Testimony: R PHAT
Rationally based on Perception
Helpful to A Trier of fact
Expert Opinion Testimony:
Expert Opinion Testimony: RR SMiRCS facts Reasonably Relied upon Subject Matter assists trier of fact Reasonably Certain Supported/Substantiated by facts known at trial or personal observation
Impeachment—Bias:
Impeachment—Bias: Found X-Cross X
Foundation 1st needs to be laid
eXtrinsic evidence allowed
thru Cross X
Impeachment—Inconsistent Statement:
Impeachment—Inconsistent Statement: Found X-Cross X True Oath Foundation 1st needs to be laid eXtrinsic evidence allowed thru Cross X comes in for Truth of statement if under Oath
Impeachment—Capacity:
Impeachment—Capacity: OR PM Opinion Reputation Perception Memory
Impeachment—Contradiction:
Impeachment—Contradiction: X-Cross X, C oXEN eXtrinsic evidence on material issues during Cross X for Collateral matters, eXtrinsic Evidence Not allowed
Impeachment—Rehabilitation:
Impeachment—Rehabilitation: ERIE CORe Explanation on redirect Rebut Implied or Express Charge of fabrication Opinion or Reputation
Privileges—Attorney/Client:
Privileges—Attorney/Client: CCAP
Confidential Communications between
Attorney & client during a
Professional consultation
Privileges—Physician/Patient:
Privileges—Physician/Patient: CaPT.
Communications to Physician for Treatment only
Privileges—Spousal Immunity:
Privileges—Spousal Immunity: C-BOWL Criminal cases only Before marriage communications covered Ongoing, valid marriage W Spouse holds & can choose to testify Lost on divorce
Privileges—Marital Communications:
Privileges—Marital Communications: Marr SCAB Married at time communication made Survives divorce Confidential communications only All cases, criminal & civil Both spouses hold
Admission by Party Opponent Exception:
Admission by Party Opponent Exception: NAPS
Not need to be Against interest when made,
Personal knowledge not required,
Substantive
Adoptive Admissions:
Adoptive Admissions: HyPeR
Heard & understood statement
Physically able to respond
Reasonable person would have responded
Vicarious Admissions:
Vicarious Admissions: A Scope
statement by Agent made in
Scope of agency
Dying Declarations Exception:
Dying Declarations Exception: Not DUB, HiCS
need Not Die
Unavailable
Belief of impending death
Homicide or Civil action
Statement concerns causes or circumstances surrounding impending death
Excited Utterances Exception:
Excited Utterances Exception: TRED Time to reflect absent Relates to event caused by Excitement of event During event
Present Sense Impression Exception:
Present Sense Impression Exception: P-LiNC made while Perceiving event Little time for calculated misstatement Not caused by stress Contemporaneous with event
Statement of Past Physical Condition:
EStatement of Past Physical Condition: MD
Medical personnel
for Diagnosis & treatment
Learned Treatises Exception:
Learned Treatises Exception: O JAR Own expert W Judicial notice Admission by opponent Relied upon by opposing expert
Declarations Against Interest Exception:
Declarations Against Interest Exception: A PUPI
Anyone can make declaration
PPP interest, against
Unavailable
Personal knowledge of facts & statement against Interest when made
Former Testimony Exception:
Former Testimony Exception: U PO SHOP Unavailable Party Oath Subject matter same Hearing or prior proceeding Opportunity to Cross Presence
State of Mind Exception (belief or future intent):
State of Mind Exception (belief or future intent): SOMe ESP I State Of Mind thru Emotion Sensation or Physical condition usually to show Intent
Past Recollection Recorded Exception:
Past Recollection Recorded Exception: KiN TRiM Knowledge Necessary Timely made Reliable Made by W
Equivalency Exception:
Equivalency Exception: Trust NaN
Trustworthy
Necessary & more probative
Notice to adversary on statement
Prior Consistent Statement Exception:
Prior Consistent Statement Exception: NO RX, B
No Oath required
Rebut eXpress charge of fabrication
made Before motive to fabricate arose
Statement of Identification Exception:
Statement of Identification Exception: PT Cross X
Photos included
must Testify and be subject to
Cross X
