Evidence

Question 1

Judicial Notice

Answer 1

Where a court Accepts certain matters as true without the requirement for formal proof.

Question 2

Types of Judical Notice

Answer 2

1) Generally known fact within Jurisdiction;

2) can be accurately and readily determined from sources

Question 3

Must Jury accept Judicial Notice?

Answer 3

Civil- Must accept as Fact

Criminal- May accept as fact

Question 4

3 Presumptions

Answer 4

1) Propondereance of the Evidence
2) Clear and Convincing
3) Beyond a Reasonable Doubt

Question 5

Evidence is Relevant if:

Answer 5

1) it has a tendency to make a fact more or less probable

2) the fact is of consequence in determining the action.

Question 6

Court may Exclude relevant evidence if:

Answer 6

the probative value is substantially outweighged by the danger of:

1) unfair predjudice
2) confusing the issues
3) misleading the jury
4) undue delay
5) wasting time or
6) needlesly presenting cumulative evidence.

Question 7

Character Evidence is inadmissible to

Answer 7

evidence of a person’s character or character trait is inadmissible to prove that on a particular occasion that person acted in accordance with that trait.

Question 8

Prosecution may introduce circumstantial evidence of other crimes, wrongs, or acts for the narrow purposes of showing:

Answer 8

MIMIC

Motive, Intent, Absence of Mistake, Identity, Common Plan or Scheme

Question 9

Habit Evidence is used to:

Answer 9

show that on particular occasion the person acted in accordance with the habit or routine.

Question 10

Rape Shield

Answer 10

reputation and opinion evidence are inadmissible to prove victim engaged in the ac or the victim’s sexual predisposition.

Question 11

Rape Shield Exception

Answer 11

(Criminal Case) Admissible Evidence

1) to show that a person other than the defendant acted;
2) to prove consent
3) exclusion of evidence would violate constituinal right

Question 12

Spousal Testimony

Answer 12

At Criminal Trial, may be waived by witness-spouse, Communications before or during the marriage and terminates upon divorce

Question 13

Spousal communication

Answer 13

Any Civil or criminal, Communications during the marriage, Either Spouse can waive.

Question 14

4 Ways to Impeach a Witness

Answer 14

1) Character or Truthfulness
2) Bias or Interests
3) Sensory Defect
4) Prior Inconsistent statement

Question 15

Hearsay

Answer 15

An out of court statement made by a declarent offerd to proves the truth of the matter asserted.