Evidence

Question 1

Objections

Answer 1

Calls for narrative
Unresponsive
Leading questions
Assumes facts not in evidence
Argumentative
Compound

Must be timely and specific or it is waived

Question 2

Logical relevance

Answer 2

Any tendency to make a material fact of consequence more or less probable

Question 3

Similar Happenings

Answer 3

Usually irrelevant

Unless used to show
1 causation
2 preexisting condition
3 intent
4 rebut defense of impossibility
5 habit
6 routine practice
7 industrial custom

Question 4

Legal Relevance

Answer 4

The probative value of the evidence is outweighed by its prejudicial effect.

Question 5

Admissibility of liability insurance

Answer 5

Inadmissible to prove culpable conduct. May be admissible for some other reason, such as to prove bias, prejudice or control.

Question 6

Character evidence - civil

Answer 6

Inadmissible unless type of case where character is the issue (defamation, negligent entrustment, child custody)

Opinion, reputation and specific acts can be used in character related cases.

Prior sex assaults and child molestations are admissible to prove conduct

Question 7

Character evidence - crim

Answer 7

Only if D opens the door.

Can only ask spec acts in cross not on direct

Question 8

Admissibility of specific acts

Answer 8

Mimic

Motive
Intent
Mistake
Identification
Common scheme

Question 9

Impeaching a witness

Answer 9

Contradiction
Prior inconsistent statement
Bias/ interest/ motive
Prior conviction
Non-conviction acts
Truthfulness (reputation, opinion)
Sensory deficiencies

Question 10

Prior inconsistent testimony

Answer 10

Cross exam or extrinsic evidence

Question 11

Self authenticating

Answer 11

Certified public docs
Acknowledged docs
Official pubs
Newspapers
Periodicals
Bus records
Trade inscriptions

Question 12

Lay opinion

Answer 12

Admissible if based on w’s perceptions and helpful to jury or trier of fact.

Question 13

Expert opinions

Answer 13

Helpful to jury
Qualified 
Factual basis
Reasonable degree of certainty
Reliable principles

Question 14

Judicial Notice

Answer 14

Generally known in jx or
Capable of accurate determination by source whose accuracy cannot reasonably be questioned.

Civil - conclusive
Crim - Jury may accept. This means any jury instructions will state that the jury may but is not required to accept the judicially notified fact.

Question 15

Burdens of proof

Answer 15

Crim. Beyond reasonable doubt

Civil. Preponderance of the evidence.

Question 16

Hearsay

Answer 16

Out of court statement offered to prove the truth of the matter asserted.

Question 17

Hearsay exemptions

These are NOT hearsay

Answer 17

1. Facts of independent legal significance
2. Effect on hearer
3. Speakers knowledge of facts
4. State of mind
5. Admission by party opponent
6. Vicarious party admission
7. Adoptive admission
8. Prior inconsistent statement under oath
9. Prior consistent statement to rebut charge of lying

Question 18

Hearsay Exceptions req unavailability

Hearsay but allowed under circumstances

Answer 18

Former testimony
Dying declarations
Statement against interest
Personal / family history
Statement offered against person procuring
Declarant unavailable

Question 19

Unavailability.

Answer 19

1. Privilege
2. Death illness
3. Cannot procure
4. Refusal to testify
5. Failure of memory

Question 20

Dying declarations

Answer 20

Civil or homicide

Believe he is about to die and describes cause or circumstance leading to injury

Question 21

Other hearsay exceptions

Answer 21

Present sense impression
Ancient doc
Past physical condition
Excited utterance
Recorded recollection
State of mind
Public record
Business record
Judge of previous conviction
Learned treatises

Question 22

Recorded recollection

Answer 22

W once had personal knowledge 
Made by w or under w's direction
Written when memory was fresh
Accurate when made
W now doesn't remember

Question 23

Learned treatises

Answer 23

If court finds it reliable May be read into evidence not as an exhibit.

Question 24

Attorney client privilege

Answer 24

Communication between attorney and client or rep. Intended by client to be confidential and made to facilitate legal services is confidential

Prob extends beyond death
Applies to consultants hired by attorney to facilitate legal services
Not confidential if made in presence of 3rd party

Question 25

Spousal testimony privilege

Answer 25

Held by witness not spouse on trial

Cannot be held in contempt for refusing to testify against spouse.

In criminal cases

Key difference between this one and communication priv. Is this extends to everything. If it’s not testimony about communication your spouse can choose to testify, you can’t stop him or her.

Question 26

Spousal confidential communication privilege

Answer 26

Protects all communication during marriage. Legal marriage at time of comm

Both spouses hold priv and can prevent testimony of the other.