Evidence

Question 1

How can handwriting be authenticated?

Answer 1

Expert opinion is sufficient but not required; Can also use a comparison with an authenticated specimen by an expert witness or the trier of fact

Question 2

Judicial Notice: Criminal Cases

Answer 2

If the court takes judicial notice, it must instruct the jury that it may or may not accept the noticed fact as conclusive

Question 3

Present Sense Impression

Answer 3

A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter

Question 4

Is the attorney-client privilege waived if raised in the petition or answer?

Answer 4

Yes where a party raises a claim or defense that puts privileged communications in issue

Question 5

Standard of Proof for Self-Incrimination

Answer 5

Whether there is a “possibility” of incrimination

Question 6

When a statement/part of a statement is introduced, may the opposing party introduce any other statement or part of the statement?

Answer 6

Yes if the statement ought, in fairness, to be considered at the same time

Question 7

Can an expert give an opinion to a hypothetical question?

Answer 7

Yes, as long as the facts assumed in the question can be found by the trier of fact based upon admissible evidence
The hypothetical may not omit any material fact that would be essential to a rational opinion and cannot assume any material fact not supported by the evidence

Question 8

Can an expert base their opinion on facts they do not personally know?

Answer 8

Yes if supplied to the expert outside the courtroom even if the fact aren’t admissible in evidence if the facts are of the kind reasonably relied on by experts in the field

Question 9

Statement against Interest v. Admission

Answer 9

If the party is absent: Statement against interest

If available: Admission

Question 10

Can a statement that is not hearsay be used for impeachment or substantive evidence?

Answer 10

Yes, it can be used for both

Question 11

Extrinsic Evidence: Court Split

Answer 11

Some courts say a document is always extrinsic, others hold a document is not extrinsic if the witness being impeached can provide the foundation of admission of the document
Testimony from another witness about a character trait is also extrinsic

Question 12

Is a person’s own testimony admissible as habit evidence?

Answer 12

Yes

Question 13

Evidence of stipulated matters

Answer 13

If the parties have stipulated to something, evidence of that thing is not allowed because it is considered a waste of time

Question 14

Character Evidence: Community

Answer 14

Includes circles of associates where one lives, works, or regularly socializes

Question 15

Authentication of Business Records

Answer 15

Allowed only if they are first authenticated by the testimony of the custodian of the records except where the custodian presents a certification certifying to the authenticity of the records

Question 16

Business Computer Records

Answer 16

Require a more comprehensive foundation; Usually necessary to provide evidence of the procedure used in gathering, storing, and retrieving information

Question 17

Police Reports: Statements by other people in the report

Answer 17

Only admissible if these statements also fall into a hearsay exception

Question 18

Former Testimony Exception

Answer 18

Only applies if the parties are identical

Question 19

Is evidence irrelevant if there are still alternative explanations?

Answer 19

No, evidence does not need to exclude alternative explanations

Question 20

Subject matter of cross-examination

Answer 20

Should be limited to the subject matter of the direct and matters affecting credibility, but the court has discretion to allow other matters

Question 21

Test for competency of a child witness

Answer 21

The capacity and intelligence of the child, their appreciation of the difference between truth and falsehood, and their duty to tell the truth

Question 22

Learned Treatise Hearsay Exception

Answer 22

Allows statements from a treatise to be read into evidence where it is called to the attention of an expert witness or relied on by an expert and is found to be reliable by the court, but the jury may only consider passages read to it by counsel or by a witness

Question 23

Hearing on the admissibility of a confession

Answer 23

The court must conduct the hearing outside the hearing of the jury and must conclude that a reasonable could find the evidence sufficient

Question 24

Misleading Question

Answer 24

If it assumes the existence of a fact that is in dispute

Question 25

Are guns admissible evidence in a drug trial?

Answer 25

Yes as they are considered tools of the drug trade; Guns configured for violent use that are placed near to drug operations are relevant to prove the defendant’s participation in drug activities

Question 26

Evidence of a prior civil judgment

Answer 26

Inadmissible hearsay

Question 27

How can a telephone conversation be show to have emanated from a particular parson?

Answer 27

By virtue of its disclosing knowledge of facts known peculiarly to him or that the person was one of only a few having access to the number; A mere assertion of their identify by a person on the phone is not sufficient evidence of authenticity and identity

Question 28

What may a judge consider when making a ruling on preliminary questions?

Answer 28

Anything, including hearsay and otherwise inadmissible evidence

Question 29

In a criminal trial, are findings of a forensic analysis admissible?

Answer 29

Affidavits of forensic analysis are not admissible under the confrontation clause as they are testimonial in nature; such affidavits are only admissible if the preparer is unavailable and the defendant had the prior opportunity to cross-examine

Question 30

Can a court take judicial notice of a birthday?

Answer 30

No unless it is a birthdate of a famous person