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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
FRE 404 What are the 9 items used to prove? (Crimes, wrongs, other acts - Permitted Uses)
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
26
FRE 404 What is it? (Crimes + Other Wrongs - Prohibited Use)
Not admissible to prove a persons character in order to show that on a particular occasion the person acted in accordance with that character
27
FRE 411 What can it be used to prove? (Insurance - Exclusions)
It can be used to prove: - Agency - Ownership and Control
28
FRE 411 What is it? (Insurance)
Evidence that a person is insured is inadmissable to prove whether the person acted negligently or otherwise wrongfully
29
FRE 410 What is it? (Plea and Other Exceptions)
- Unwithdrawn plea may be used against a defendant in a later civil action - Government civil lawyers cannot make a plea
30
What are the 2 exceptions to 410 Plea
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
FRE 410 What is it? What are the 4 types? (Pleas - Prohibited Uses)
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
FRE 409 What is it and what can it be used to prove? (Medical)
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
FRE 408 What is it used for? (Compromise - Admissible Uses)
Used to prove Bias or Prejudice | Or Proving an effort to obstruct a criminal investigation or prosecution
34
FRE 408 What can it not be used for? (Compromise - Prohibited Uses)
- Compromise offeres + Negotiations - To prove or disprove the validity or amount of a disputed claim - To impeach by a prior or inconsistent statement
35
Motion in Limine What is it?
A motion made at the start of a trial to bring evidence in
36
What is not considered a remedial measure?
Investigating a problem
37
When is Evidence admissable under 407?
- To impeach a witness | - To show ownership, control or feasibility
38
Elements of FRE 407 What elements are to be met to be non admissible?
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
FRE 404b What is it?
Propensity: | Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person
40
What are defendant's arguments against the stipulation?
- 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
If you cannot get evidence in under 401, 402 or 403, what can you try?
Try using stipulation to reduce the prejudice
42
What is the 403 balancing test?
- 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
FRE 403 What is it and what is the test for it?
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
Sufficiency What is it?
The quantum and persuasive force of evidence necessary to take an issue with the jury
45
Weight What is it?
Persuasive force assigned to the evidence by the jury once it has been admitted
46
FRE 402 Evidence is relevant unless it goes against what? (General Admissibility)
Evidence is relevant unless it goes against: - USC - Federal Statute - FRE Rules - Other rules prescribed by supreme court
47
Explain External influence over jury
- Heard or read prejudicial information not admitted into evidence - Influence by outsiders, tampering, drugs, alcohol
48
Explain Internal influence over jury
- Jurors ability to hear or comprehend the judge's instructions, jury's mental processes
49
Reasons for FRE 606b What are the 3 reasons to use? (Jury)
- Cases could easily be overturned by any juror who was confused - Pin jurors against each other - Privacy of jurors invated
50
Objections to Evidence What are 6 objections? (Actual)
- Irrelevant - Hearsay - Presented through incompetent witness - Privileged - Impermissible Opinion - In violation of the best evidence ruule
51
FRE 601 What is it? Witness
Competency to testify | *Almost anyone can testify
52
FRE 602 What is it?
Witness possesses personal knowledge | * A witness cannot speculate
53
FRE 104 What is it? Evidence
- 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
When is someone not a competent witness?
- 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
FRE 603 What is it? (Juror Compentency)
- Ability to take the oath and be truthful | - Judge will question witness without the jury preesent to establish competency
56
FRE 606b What may a juror testify about?
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
FRE 401 When is Evidence considered Relevant?
Evidence is considered relevant if it is: 1. Probative 2. Material
58
What is Probative Value?
It makes facts more or less probable than they would be without the evidence
59
Types of Evidence What are the different types of a witness?
- Fact Witnesses - Expert Witnesses - Includes people with experience - Character Witness
60
What is Material Evidence?
Helps prove a necessary element
61
What is a Confrontation Clause?
It guarantees a criminal or defendant the right to cross-examine government witnesses at trial
62
FRE 401b What is it?
Could the jury reasonably find the fact by the preponderance of the evidence based on all evidence on record
63
What are two types of Demonstrative Evidence?
- Diagrams | - Charts
64
What are Stipulations?
Agreements to evidence admissibility
65
What is Judicial Notice?
Common Facts the judge knows | - Like the weather that day
66
What is Circumstantial Evidence?
Evidence that proves a fact by inference
67
Who never appears as a witness?
- Criminal Defendant - Civil Plaintiff - Police Officer - Prosecutor
68
Name 5 Objections for Admitting Evidence?
1. Timely 2. Specific grounds - need to say how, why, etc 3. Substantial right 4. Opposing party responds 5. Judge rules
69
What are 5 ways to keep evidence out?
1. Move to strike 2. offer of proof 3. Motion in Limine 4. Stipulation 5. Limiting instruction to jury
70
Tanner vs US | What was the external influence to juror and why was the testimony inadmissible?
Juror Intoxication | Couldn't use jury testimony because of 606b
71
What is Real Evidence?
Physical evidence
72
What is Direct Evidence?
Evidence that directly proves fact
73
What does "Connecting Up" mean?
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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