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Evidence- Lindsay > Evidence Deck 1 > Flashcards

Evidence Deck 1 Flashcards

Quizzing

1
Q

Identity

When is it revealed?

A

Identify is revealed when another act marks a distinctive method that sheds light on the identity in the case at issue
- Committing a similar crime in a unique manner

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2
Q

Preparation

What is it?

A

The plan focuses on other acts that indicate a design by the party to accomplish an act
- Stealing something ahead of time for example

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3
Q

Demonstrating Knowledge

What is it?

A

Used to rebut affirmative defenses that a party did not know a certain aspect of his actions

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4
Q

Absence of mistake of accident

What is it?

A

Other act evidence that rebuts a claim of accident when the same type of event occurred previously

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5
Q

Doctrine of chances

What is it?

A

A rule of evidence that allows evidence to show that it is unlikely a defendant would repeatedly, innocently be involved in a similar crime with suspicious circumstances

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6
Q

Rawle Test

What are the 3 elements?

Hint - RNR!

A
  1. Relevance
  2. Necessity
  3. Reliability
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7
Q

FRE 406

What is it?

(Habit)

A

A uniform semi-automatic response to a repeated situation

  • Very strong probative value
  • Evidence of a persons habit or an organizations routine practice may be admitted to prove that on a particular person acted in accordance with the habit
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8
Q

What is the “Mercy Rule”?

A

Allows the defendant to put on whatever reasonable evidence of her character or alleged victims character

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9
Q

FRE 405

Proving Character

A
  • By reputation or opinion
  • No specific circumstances, unless in cross-examination
  • Defendant opens the door if they offer a pertinent trait about themselves or victim
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10
Q

FRE 413

Similar circumstances crimes or sexual assult - Permitted Use

A

In a criminal case in which a defendant is accused of sexual assault, the court can admit evidence that may be considered on any matter to which it is relevant
- Must be discussed to ∆ 15 days before trial

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11
Q

FRE 414

Similar crimes - Child Molestation

A

Can be used in a criminal case in which ∆ is accused of child molestation
- Considered on any matter in which it is relevant

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12
Q

FRE 415

(Similar Acts - Sexual Assult or Child Molestation

A

Civil case involving claim for relief

  • The court may admit evidence that the party committed any other sexual assault or child molestation
  • 15-day disclosure
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13
Q

Rule 607 - (Impeach)

Who may impeach a witness?

A

Any party including the party that called the witness may attack the witness’s credibility

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14
Q

Impeachment Techniques

What are the 7 techniques?

A
  • Show impaired PERCEPTION or MEMORY
  • Show BIAS, motive interest
  • CONTRADICTION by conflicting evidence
  • CONTRADICTIONS by prior inconsistant statements
  • Attack on character for truthfulness
  • Prior Convictions
  • Prior bad acts
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15
Q

FRE 608b

A

Allows cross-examiner to impeach witness by asking him about specif instances of past conduct
- Other than past crimes

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16
Q

FRE 609

What is it used for?

(Impeachment by past crime)

A

When attacking a witness’s character for truthfulness by use of evidence of a criminal conviction

The crime will be admitted if:

  • It was punishable by death or imprisonment of more than 1 year
  • If the witness is the ∆
  • If the crime was a dishonest act or false statement
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17
Q

FRE 609

When can it be used?

(Impeachment - Criminal Conviction - Limited)

A

If the crime was more than 10 years old

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18
Q

Define “Opportunity”

A

Provides proof of location, time or an instrumentality necessary to commit the crime

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19
Q

Define “Intent”

A

Must often be proven circumstantially

- Similar conduct that is committed under similar circumstances

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20
Q

Define “Motive”

A

Can help prove parties intent, which is often an alement of the crime
Example:
If someone had been in a store and stolen something where in the past they commented on liking that item before it had went missing

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21
Q

Pertinent Test

What are the 4 elements?

(404)

A
  1. Pertinent to the particular charge
  2. Did the party open the door
  3. Did the government keep its rebuttal to pertinent traits
  4. If the scope was proper - was there proper examination of the witness giving the evidence
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22
Q

Explain the GRAND Acronym

A 
G - consciousness of GUILT
R - REBUT a defense
A - ABSENCE of accident
N - NARRATIVE integrity
D - DOCTRINE of chances
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23
Q

Explain the OK MIMIC Acronym

Non-Exclusive

(List for FRE 404)

A 
O - OPPORTUNITY
K - KNOWLEDGE
M - MOTIVE
I - INTENT
M - assence of MISTAKE
I - IDENTITY
C - COMMON plan or scheme
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24
Q

Ways to use FRE 404a1 + 404az to allow propensity evidence?

What are the 3 ways to use?
To prove what?

A
  1. A criminal defendant can prove pertinent good character traits about herself
  2. Crimial defendant (or prosecution) can prove pertinent character traits about the victim of the crime
  3. Credibility of a witness
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25
Q

FRE 404

What are the 9 items used to prove?

(Crimes, wrongs, other acts - Permitted Uses)

A

Use To Prove:

  • Motive - Preparation - Identity
  • Opportunity - Plan - Absence of Mistake
  • Intent - Knowledge - Lack of Accident
  • Must provide reasonable notice of any evidence the prosecutor intends to offer at trial
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26
Q

FRE 404

What is it?

(Crimes + Other Wrongs - Prohibited Use)

A

Not admissible to prove a persons character in order to show that on a particular occasion the person acted in accordance with that character

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27
Q

FRE 411

What can it be used to prove?

(Insurance - Exclusions)

A

It can be used to prove:

  • Agency
  • Ownership and Control
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28
Q

FRE 411

What is it?

(Insurance)

A

Evidence that a person is insured is inadmissable to prove whether the person acted negligently or otherwise wrongfully

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29
Q

FRE 410

What is it?

(Plea and Other Exceptions)

A
  • Unwithdrawn plea may be used against a defendant in a later civil action
  • Government civil lawyers cannot make a plea
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30
Q

What are the 2 exceptions to 410 Plea

A
  1. If another statement made has been allowed into evidence and both statements should be considered together
    OR
  2. In a criminal proceeding for purjury or false statement if defendant made the statement under oath, on the record AND with no counsel present
31
Q

FRE 410

What is it?
What are the 4 types?

(Pleas - Prohibited Uses)

A

Pleas, Plea Discussion or Related Statement

  • Civil or Criminal cases where the defendant participated in plea discussions or made a plea
  • Guilty plea - later withdrawn
  • Nolo Contendere plea - Doesn’t Plead Guilt
  • Statements made during plea discussions WITH ATTORNEY PRESENT for prosecution
32
Q

FRE 409

What is it and what can it be used to prove?

(Medical)

A

Offers to Pay Medical Expenses

  • Offer can be made before the claim
  • The statement about payment for medical care is inadmissible but anything else they say is

Can Be Used To Prove:

  • Agency - Ownership
  • Control - Impeachment
33
Q

FRE 408

What is it used for?

(Compromise - Admissible Uses)

A

Used to prove Bias or Prejudice

Or Proving an effort to obstruct a criminal investigation or prosecution

34
Q

FRE 408

What can it not be used for?

(Compromise - Prohibited Uses)

A
  • Compromise offeres + Negotiations
  • To prove or disprove the validity or amount of a disputed claim
  • To impeach by a prior or inconsistent statement
35
Q

Motion in Limine

What is it?

A

A motion made at the start of a trial to bring evidence in

36
Q

What is not considered a remedial measure?

A

Investigating a problem

37
Q

When is Evidence admissable under 407?

A
  • To impeach a witness

- To show ownership, control or feasibility

38
Q

Elements of FRE 407

What elements are to be met to be non admissible?

A
  1. Subsequent to an event
  2. Remedial measure is taken
  3. The measure is offered for a liability based purpose
    - Negligence
    - Culpability
    - Defect in product or design
    - Need for warning or instruction
39
Q

FRE 404b

What is it?

A

Propensity:

Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person

40
Q

What are defendant’s arguments against the stipulation?

A
  • Prejudice - Propensity to commit a crime
  • Completely Unfair - No way to give limiting instruction
  • Redact the information on the paper but you can give the jury the paper that says he has a prior conviction
41
Q

If you cannot get evidence in under 401, 402 or 403, what can you try?

A

Try using stipulation to reduce the prejudice

42
Q

What is the 403 balancing test?

A
  • Centrality of point being proved
  • Need for the particular evidence
  • Availability of alternate ways to show the evidence
  • Likelihood that the jury will understand the evidence
43
Q

FRE 403

What is it and what is the test for it?

A

Excluding evidence because of relevancy vs probative value

The following items are used to test for it:

  • Unfair - Confuse the jury
  • Prejudicial - Undue delay, waste time
44
Q

Sufficiency

What is it?

A

The quantum and persuasive force of evidence necessary to take an issue with the jury

45
Q

Weight

What is it?

A

Persuasive force assigned to the evidence by the jury once it has been admitted

46
Q

FRE 402

Evidence is relevant unless it goes against what?

(General Admissibility)

A

Evidence is relevant unless it goes against:

  • USC
  • Federal Statute
  • FRE Rules
  • Other rules prescribed by supreme court
47
Q

Explain External influence over jury

A
  • Heard or read prejudicial information not admitted into evidence
  • Influence by outsiders, tampering, drugs, alcohol
48
Q

Explain Internal influence over jury

A
  • Jurors ability to hear or comprehend the judge’s instructions, jury’s mental processes
49
Q

Reasons for FRE 606b

What are the 3 reasons to use?

(Jury)

A
  • Cases could easily be overturned by any juror who was confused
  • Pin jurors against each other
  • Privacy of jurors invated
50
Q

Objections to Evidence

What are 6 objections?

(Actual)

A
  • Irrelevant
  • Hearsay
  • Presented through incompetent witness
  • Privileged
  • Impermissible Opinion
  • In violation of the best evidence ruule
51
Q

FRE 601

What is it?
Witness

A

Competency to testify

*Almost anyone can testify

52
Q

FRE 602

What is it?

A

Witness possesses personal knowledge

* A witness cannot speculate

53
Q

FRE 104

What is it?

Evidence

A
  • Establish factual basis between evidence and what you’re trying to prove
  • Judge must decide if the winess is qualified:
    1. A privalege exists
    2. Evidence is admissible
54
Q

When is someone not a competent witness?

A
  • When they refuse to take the oath

- When they don’t remember the event and there is non evidence to refresh their memory or back them up

55
Q

FRE 603

What is it?

(Juror Compentency)

A
  • Ability to take the oath and be truthful

- Judge will question witness without the jury preesent to establish competency

56
Q

FRE 606b

What may a juror testify about?

A
  1. Extraneous prejudicial information was improperly brought to their attention
  2. An outside influence was improperly brought
  3. A mistake was made in entering the verdict on the verdict form
57
Q

FRE 401

When is Evidence considered Relevant?

A

Evidence is considered relevant if it is:

  1. Probative
  2. Material
58
Q

What is Probative Value?

A

It makes facts more or less probable than they would be without the evidence

59
Q

Types of Evidence

What are the different types of a witness?

A
  • Fact Witnesses
  • Expert Witnesses - Includes people with experience
  • Character Witness
60
Q

What is Material Evidence?

A

Helps prove a necessary element

61
Q

What is a Confrontation Clause?

A

It guarantees a criminal or defendant the right to cross-examine government witnesses at trial

62
Q

FRE 401b

What is it?

A

Could the jury reasonably find the fact by the preponderance of the evidence based on all evidence on record

63
Q

What are two types of Demonstrative Evidence?

A
  • Diagrams

- Charts

64
Q

What are Stipulations?

A

Agreements to evidence admissibility

65
Q

What is Judicial Notice?

A

Common Facts the judge knows

- Like the weather that day

66
Q

What is Circumstantial Evidence?

A

Evidence that proves a fact by inference

67
Q

Who never appears as a witness?

A
  • Criminal Defendant
  • Civil Plaintiff
  • Police Officer
  • Prosecutor
68
Q

Name 5 Objections for Admitting Evidence?

A
  1. Timely
  2. Specific grounds - need to say how, why, etc
  3. Substantial right
  4. Opposing party responds
  5. Judge rules
69
Q

What are 5 ways to keep evidence out?

A
  1. Move to strike
  2. offer of proof
  3. Motion in Limine
  4. Stipulation
  5. Limiting instruction to jury
70
Q

Tanner vs US

What was the external influence to juror and why was the testimony inadmissible?

A

Juror Intoxication

Couldn’t use jury testimony because of 606b

71
Q

What is Real Evidence?

A

Physical evidence

72
Q

What is Direct Evidence?

A

Evidence that directly proves fact

73
Q

What does “Connecting Up” mean?

A

When a party presents evidence out of order to allow the party to enhance the narrative of their case

Evidence- Lindsay (1 decks)

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