Evidence Flashcards
If character evidence is admissible in a criminal case to prove propensity, what forms may it take?
Opinion
Reputation
Not specific acts
What is the rule of completeness?
An adverse party may compel the introduction of the omitted portion of the writing or statement if, in fairness it should be considered at the same time. It does not require admission of irrelevant portions of the statement
When is a witness’s conviction not admissible for impeachment purposes?
If the conviction has been the subject of the pardon, annulment, or other action based on a finding of innocence
When is notice required for a class action?
When the class-action is certified under rule 23(B)3 motion (common legal or factual questions)
What limitations are there for using specific instances to impeach a witness during cross-examination?
Must have a good-faith belief in prior misconduct
May not cross-examine a witness about an arrest
When is evidence of juvenile adjudication admissible?
When it is used against someone who is not a defendant
In a criminal case
An adult’s conviction for that offense would be admissible to attack the adult’s credibility
Admitting the evidence is necessary to fairly determine guilt or innocence
Statements made for medical diagnosis or treatment is admissible as to cause of the injury if
Reasonably pertinent to diagnosis
What limitations are there for using specific instances to impeach a witness during cross-examination?
Must have a good-faith belief in prior misconduct
May not cross-examine a witness about an arrest
When is evidence of juvenile adjudication admissible?
When it is used against someone who is not a defendant
In a criminal case
An adult’s conviction for that offense would be admissible to attack the adult’s credibility
Admitting the evidence is necessary to fairly determine guilt or innocence
Statements made for medical diagnosis or treatment is admissible as to cause of the injury if
Reasonably pertinent to diagnosis
What is the difference between lay witness knowledge of voice and handwriting?
For voice, can be identified by any person who has heard the voice at any time, including one made familiar solely for the purpose is of litigation
For handwriting, lay witness must not have become familiar with the handwriting for the purposes of litigation
What may an expert opinion be based on?
Facts and data that the expert has personally observed or about which the expert has been made aware
What can a declarant be asked about?
Prior inconsistent statement under oath
Prior consistent statement
Prior identification
What is true regarding attorney-client privilege when two clients are represented by the same attorney?
Either client can waive the privilege and reveal privileged information in a cross-claim between themselves
What is not considered testimonial for the puppies of the Confrontation Clause of the 6th amendment?
The statement made to police during the course of questioning with the primary purpose of enabling police to provide assistance to meet an ongoing emergency
