Evidence Flashcards
Admissibility questions – WWWW
W- Why evidence is being introduced?
W- Whom is trying to offer it?
W- When in the proceedings?
W- Whether civil or criminal?
Relevant evidence - PM
P- Probative of consequential fact
M- Materiality of evidence
Relevance exclusion – MUUC
M- Marginally relevant
U- Unfair prejudice danger
U- Undue delay
C- Confusion
Disqualification of a witness – LULU
L- Lack of observation (witness lacks observation/perception)
U- Untruthfulness (witness has a lack of appreciation of truthful testimony
L- Lack of memory (witness lacks recollection of the events in question
U- Uncommunicative (witness lacks ability to communicate)
Qualification of experts – SKEET
S- Skill K- Knowledge E- Experience E- Education T- Training
“Daubert” expert’s reliable methods and opinions require – SRA
S- Sufficient facts to support position
R- Reliable principles and techniques are required
A- Application of expert must be reliable
Adoptive statement requires – HEN
H- Heard statement
E- Expected denial
N- No response
Admissible hearsay (witness availability immaterial) – PAPERS PBJ
P- Present sense impression A- Ancient docs P- Past physical condition for medical diagnosis E- Excited Utterance R- Recorded recollection
P- Public Record
B- Business Record
J- Judgment of previous conviction
Required record evidence foundation – PIFA
Required record evidence foundation -- PIFA P- Pertinent to matter I- Insufficient present recollection F- Fresh when adopted A- Accurate prior knowledge
Unavailable witness includes – DAAL
D- Death
A- Asserted privilege
A- Absence
L- Lack of memory
Hearsay exceptions (witness unavailable) – FAB
F- Former testimony
A- Against interest statements
B- Belief of impeding death
Can introduce D’s prior crimes on direct exam if — MIMIC
M- Motive I- Intent M- Mistake absent I- Identification C- Common plan/scheme
Impeachment Techniques – BIC3
B- Bias I- Inconsistent statements C- Capacity C- Character C- Contradiction
Self Authentication – CONTAC
C- Commercial paper O- Official publications N- Newspapers and periodicals T- Trade instruments A- Acknowledge documents C- Certified public records
Business Records – KRAP
K- Keep
R- Regular course
A- At or near the time
P- Personal knowledge
