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Mnemonics > Evidence > Flashcards

Evidence Flashcards

1
Q

Pragmatic Relevance Exceptions Not Admissible If:

A

Pragmatic Relevance Exceptions Not Admissible If: UM, NU CoW?

Unfair prejudice,
Misleading
Needlessly cumulative
Undue delay
Confusing
Waste of time
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2
Q

D Evidence of Good Character:

A

D Evidence of Good Character: OR R OR

offered by Opinion, Reputation
Rebutted by prosecutor thru Opinion, Reputation

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3
Q

Impeach Reqts—Criminal Convictions:

A

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

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4
Q

Impeach Reqts—Prior Bad Acts:

A 
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
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5
Q

Victim 1st Aggressor:

A 
Victim 1st Aggressor: OR DO VCR
by Opinion or Reputation,
prosecutor rebuts by evidence D’s bad character,
Opinion,
V’s good character,
Reputation
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6
Q

When character a Specific Element of the Claim or Offense:

A

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

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7
Q

Judicial Notice:

A

Judicial Notice: NERD JD
Not subject to Reasonable Dispute
Jurisdiction, generally known within
Determination, capable of ready

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8
Q

Authentication:

A 
Authentication: VP CARE WAX
Voice/telephone
Photos
Circumstantial evidence
Admissions by party opponent/stipulations
Reply letters
Eyewitness testimony
Writings
Ancient documents rule
X-rays
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9
Q

Ancient Documents Rule:

A

Ancient Documents Rule: 20 Regular Place
At least 20 years old
Regular on its face
Place found where reasonably likely

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10
Q

Dead Man Acts:

A 
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
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11
Q

Objections, Form of Examination:

A 
Objections, Form of Examination—CHAS N’ FAMiLy
Compound
Harassing
Argumentative
Speculation, Calls for
Narrative
Facts Not in Evidence, Assuming
Asked & Answered
Misleading
Leading
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12
Q

Lay Opinion Testimony:

A

Lay Opinion Testimony: R PHAT
Rationally based on Perception
Helpful to A Trier of fact

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13
Q

Expert Opinion Testimony:

A 
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
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14
Q

Impeachment—Bias:

A

Impeachment—Bias: Found X-Cross X
Foundation 1st needs to be laid
eXtrinsic evidence allowed
thru Cross X

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15
Q

Impeachment—Inconsistent Statement:

A 
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
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16
Q

Impeachment—Capacity:

A 
Impeachment—Capacity: OR PM
Opinion
Reputation
Perception
Memory
17
Q

Impeachment—Contradiction:

A 
Impeachment—Contradiction: X-Cross X, C oXEN
eXtrinsic evidence on material issues
during Cross X
for Collateral matters,
eXtrinsic Evidence Not allowed
18
Q

Impeachment—Rehabilitation:

A 
Impeachment—Rehabilitation: ERIE CORe
Explanation on redirect
Rebut Implied or Express
Charge of fabrication
Opinion or Reputation
19
Q

Privileges—Attorney/Client:

A

Privileges—Attorney/Client: CCAP
Confidential Communications between
Attorney & client during a
Professional consultation

20
Q

Privileges—Physician/Patient:

A

Privileges—Physician/Patient: CaPT.

Communications to Physician for Treatment only

21
Q

Privileges—Spousal Immunity:

A 
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
22
Q

Privileges—Marital Communications:

A 
Privileges—Marital Communications: Marr SCAB
Married at time communication made
Survives divorce
Confidential communications only
All cases, criminal & civil
Both spouses hold
23
Q

Admission by Party Opponent Exception:

A

Admission by Party Opponent Exception: NAPS
Not need to be Against interest when made,
Personal knowledge not required,
Substantive

24
Q

Adoptive Admissions:

A

Adoptive Admissions: HyPeR
Heard & understood statement
Physically able to respond
Reasonable person would have responded

25
Q

Vicarious Admissions:

A

Vicarious Admissions: A Scope
statement by Agent made in
Scope of agency

26
Q

Dying Declarations Exception:

A

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

27
Q

Excited Utterances Exception:

A 
Excited Utterances Exception: TRED
Time to reflect absent
Relates to event
caused by Excitement of event
During event
28
Q

Present Sense Impression Exception:

A 
Present Sense Impression Exception: P-LiNC
made while Perceiving event
Little time for calculated misstatement
Not caused by stress
Contemporaneous with event
29
Q

Statement of Past Physical Condition:

A

EStatement of Past Physical Condition: MD
Medical personnel
for Diagnosis & treatment

30
Q

Learned Treatises Exception:

A 
Learned Treatises Exception: O JAR
Own expert W
Judicial notice
Admission by opponent
Relied upon by opposing expert
31
Q

Declarations Against Interest Exception:

A

Declarations Against Interest Exception: A PUPI
Anyone can make declaration
PPP interest, against
Unavailable
Personal knowledge of facts & statement against Interest when made

32
Q

Former Testimony Exception:

A 
Former Testimony Exception: U PO SHOP
Unavailable
Party
Oath
Subject matter same
Hearing or prior proceeding
Opportunity to Cross
Presence
33
Q

State of Mind Exception (belief or future intent):

A 
State of Mind Exception (belief or future intent): SOMe ESP I
State Of Mind thru
Emotion
Sensation or
Physical condition usually to show
Intent
34
Q

Past Recollection Recorded Exception:

A 
Past Recollection Recorded Exception: KiN TRiM
Knowledge
Necessary
Timely made
Reliable
Made by W
35
Q

Equivalency Exception:

A

Equivalency Exception: Trust NaN
Trustworthy
Necessary & more probative
Notice to adversary on statement

36
Q

Prior Consistent Statement Exception:

A

Prior Consistent Statement Exception: NO RX, B
No Oath required
Rebut eXpress charge of fabrication
made Before motive to fabricate arose

37
Q

Statement of Identification Exception:

A

Statement of Identification Exception: PT Cross X
Photos included
must Testify and be subject to
Cross X

Mnemonics (3 decks)

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