Evidence - Adaptibar Flashcards
Hearsay exception to prove the lack of a public record?
- by a certificate by the keeper of the records in question, that diligent search has failed to find a record; or
- the testimony of the record keeper to that effect
Summary of voluminous documents rule
A summary of voluminous documents allows for the admission of charts and summaries of large amounts of documents
Are offers to compromise on a disputed claim admissible?
No.
Can hearsay statements be used to impeach?
Yes!
Can you impeach a deceased declarant?
Yes.
Is a non-expert who familiarizes himself with a signature in preparation for trial allowed to authenticate a signature?
NO!!!
TRUE OR FALSE: A criminal defendant is entitled to offer evidence of his good character only if it involves a pertinent trait to the underlying charge?
True.
What is a prior inconsistent statement?
One made by a witness before the witness’s testimony in a current court proceeding, that conflicts with a statement made by the witness in the court proceeding in which the witness is now subject to cross-examination.
In what two ways can a witness’s prior inconsistent statement be used?
- to impeach the witness, provided that the witness is given an opportunity to explain or deny the statement; and
- as non-hearsay substantive evidence of the prior statement’s truth IF the prior statement was given under oath and subject to penalty of perjury as aprt of a formal hearing, proceeding, trial, or deposition.
Statements made for purposes of medical diagnosis - hearsay exception
Statements made for purposes of medical diagnosis or treatment, and statements describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment are an exception to the hearsay rule and are admissible.
Admission of ancient documents
A statement in a document that was prepared before January 1, 1998, and whose authenticity is established is a special hearsay rule
How is an ancient document authenticated?
The document must be:
- in a condition that creates no suspicion about its authenticity;
- in a place where, if authentic, it would likely be; and
- is at least 20 years old when offered
Can extrinsic evidence be admitted to impeach a witness’s ability to perceive the events that transpired?
Yes.
Are admissions by a party-opponent non-hearsay?
Yes.