Evidence - Feb 2023

Question 1

Are admissions made during guilty plea for crim. charges adimissible in a civil case for similar facts (issue?)

Answer 1

Not if D subsequently withdrew guilty plea. FRE 410(a).
If not withdrawn, then yes bc its relevant and highly probative evidence.

Question 2

FRE 401

Answer 2

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without evidence.

Question 3

FRE 404(b)

Answer 3

Proibition of evidene of “any other crime, wrong, or act” to prove character (or propensite), when the purpose is only to show that some other action was in conformity w/ a person’s alleged “character” or propensity.

Question 4

What is not prohibited under FRE 404(b)

Answer 4

evidence of prior bad conduct IF the evidence is admitted “for another purpose such as proving motive, opportunity, intent, prep, plan, knowledge, absence of mistake, or lack of accident”

Question 5

FRE 403

Answer 5

if evidence is probative value is substantially outweighed by danger of unfair prejudice, confusing the issues, misleading he jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 6

FRE 801(c)

Answer 6

Hearsay is an out of court testimony offered to prove the truth of the matter stated.

Question 7

FRE exception 804(b)(1)

Answer 7

Former Testimony - a declarant’s hearsay statement can be admitted under the former-testimony exception if 3 requirements are satisfied. 1) declarant unavail as witness. 2) statement must be in form of testimony that was given as a witness at trial, hearing, or lawful deposition.
3) Evidence must be offered against a party who “had” an oppy t& similar motive to develop it by direct, cross, or redirect

Question 8

FRE 608(b)

Answer 8

D may not introduce extrinsic evidence (evidence other than Ps testimony). If P testifies, however, D may cross-examine her about these alleged actions.