Evidence Flashcards
What is the “substantial similarity” requriement of evidence where evidence is offered to show the non-existence of a dangerous condition of causation by showing absence of pior accidents?
the party offering evidence must lay a foundation showing a substantial similarity of the conditions and circumstances of each scenario
When will the statement of a person claiming to be an employee/ agent be admitted/ offered against their employer? (2)
- employee is shown to be valid employee of employer
2. statement concerned a matter w/in scope of employment
When will a Defendant’s 5th amend. privilege against self-incrimination not apply?
When the D has already testified to facts in his favor
(D may not testify to facts in his favor and refuse to testify about potentially incriminating facts)
**voluntarily taking the stand waives 5th amend. privilege
What is the main exception to the “Dead Man’s Act”?
survivor(s) of an automobile accident can testify as to facts of negligence arising out of the deceased person’s ownership or operation of an automobile
What 3 conditions must be met for information about other similar accidents caused by the same event to be admissible?
Such information is Inadmissible unless
- other accident(s) are virtually identical to the accident in the current case showing the existence of a dangerous condition
- causation
- D has prior notice of other similar accidents referenced
What is the “Dead Man’s Act”?
a party interested in the outcome of the litigation may not testify against the interest of the representative of a deceased person concerning any personal transaction or communication between them
What is the general rule regarding compromises, settlements, guilty pleas & payments?
Not admissible to prove negligence, culpable conduct, or damages
When are subsequent remedial measures admissible? (2)
Generally inadmissible to show negligence etc unless
- to show ownership/ control
- to impeach D’s assertion of infeasibility of precautionary measures
What are the 2 elements of the present sence impression/ excited utterance hearsay exception?
- the Statement describes an event
2. and is made while event is occuring or shortly after
What 6 types of contemporaneous statements concerning declarants condition/ state of mind are admissible (hearsay exception)?
- emotions
- mental feelings
- intent/ future plans
- sensations
- bodily health
- statements of future intent to act w/ 3rd party
- does not include memory or belief
What 5 elements must be met for the past recollection recorded hearsay exception?
witness. ..
1. once had personal knowledge
2. has forgotten & seeing writing doesnt jog memory
3. made/ adopted the writing
4. made writing when event was fresh in their mind
5. attests that when made, writing was accurate
What are the 4 parts of the business records hearsay exception?
- made in regular course of business
- business regularly keeps such records
- made contemporaneously
- contents consist of info observed by employees of business OR statemetns fit another hearsay exception
What type of statements does the medical diagnosis/ treatment hearsay exception NOT cover? (2)
Covers statements for purpose of treatment but NOT
- statements of fault
- statement about the ID of wrongdoer
What type of public records may NOT be offered against a D in a criminal case?
Police reports
-officers conclusion of fault may be offered in record in civil case
What is the relevance requirement for the former testimony hearsay exception?
the relevance of former testimony being offered in the current trial must be substantially similar to its relevance in prior proceeding