Evidence

Question 1

Habit Evidence

Answer 1

Evidence of a person’s routine reaction to a particular set of circumstances is admissible to prove that the person acted ina accordance with that habit on a particular o

Question 2

Prior inconsistent statement

Answer 2

A prior inconsistent statement can always used for impeachment.

A prior inconsistent statement by a declarant-witness made under oath at a trial, hearing, or depo is non-hearsay and admissible to impeach as well as for substantive evidence

Question 3

Impeachment of a HS declarant

Answer 3

If a hearsay statement is admitted into evidence, the declarant who made the original statement can be impeached as if he was a testifying witness

Question 4

Vicarious admission

Answer 4

A statement made by a party’s agent or employee constitutes an opposing party’s statement if it was made concerning a matter within the scope of and during the course of employment

Question 5

HS Exceptions that apply only when Declarant is Unavailable

Answer 5

• Dying Declaration
• Statement Against Interest
• Former Testimony
• Then-Existing State of Mind

Question 6

Recorded Recollection

Answer 6

(when W cannot remember well enough to testify fully & accurately)

admissible if the business record is: (i) on a matter the W once knew about (ii) made or adopted by the W when the matter was fresh in her memory and (iii) accurately reflects her knowledge.

May be read into evidence

Question 7

Best Evidence Rule

Answer 7

requires that the original document (or a reliable duplicate) be produced to prove the contents of the document when the contents are at issue

Question 8

Expert Testimony Admissibility

Answer 8

Court must determine whether the subject of the testimony is:

(i) scientific, technical, or specialized knowledge
(ii) that will help the trier of fact determine a fact in issue or understand the evidence

Question 9

Expert testimony Limits

Answer 9

May not state their opinion about whether the D had the requisite mental state, but may state an option that embraces the ultimate issue

Question 10

Business Records Rule

Answer 10

A record made in the ordinary course of business is admissible if the custodian of the record can establish that it was made:

(i) at or near the time of the event by a person with knowledge of its contents
(ii) the record was made in the course of a regularly conducted activity of the business and
(iii) making the record was a regular practice of that activity