Evidence Distinctions Flashcards
When must court exclude evidence?
When probative value is substantially outweighs danger of unfair prejudice, confusion of issues, or misleading jury.
What evidence can prosecutor introduce after defendant attacks victim’s character?
Prosecutor can only use evidence of victim’s good character.
Limits on prohibition against evidence of subsequent remedial measures
Does not apply to strict liability-products liability claims
When is inadvertent disclosure of AC protected info a waiver of the privilege?
- reasonableness of precautions taken;
- amount of time to rectify;
- scope of discovery;
- extent of disclosure; and
- fairness
List the witnesses who are incompetent to testify:
- person of unsound mind or child under 10;
- spouse testifying against other spouse in criminal matter unless the other spouse elects to testify;
- officer enforcing traffic laws or assisted in arrest of person charged with misdemeanor traffic offense
- expert testifying in civil matter against physician or hospital re liability
When can juror testify?
If there is outside evidence; OR
threats, bribes, or impropriety
When can you impeach your own witness?
ONLY when you can show surprise AND damage.
Explain limits to scope of cross-examination.
THERE ARE NONE.
When can you introduce extrinsic evidence of inconsistent statement?
Only after witness gets chance to explain or deny inconsistent statement.
What must expert’s opinion be based upon?
- facts or data accumulated from expert’s personal observations; OR
- evidence admitted at trial.
** MUST disclose basis for expert opinion before!
Can expert testify on ultimate issue in criminal trial?
Yes!
Explain requirement for statement against interest.
To use this hearsay exception, any statement against interest MUT be supported by corroborating evidence that indicates its trustworthiness.
