Evidence (Final)

Question 1

Prop 8 Exceptions

Answer 1

{DR. Mammal Counts SHEEP}

• D opens door to character
• Rape shield laws
• Media member
• Court may exclude (352)
• Secondary Evidence Rule
• Hearsay
• Exclusive rules of US Constitution
• Exclusionary rules of Cal. post 1982
• Privileges

Question 2

Objection: form of question

Answer 2

{NUCALA}

• Narrative
• Unresponsive
• Compound
• Argumentative
• Leading
• Assumes facts not in evidence

Question 3

Expert Opinion

Answer 3

• Assists trier of fact
• W qualifies as expert
• Opinion based on sufficient facts
• Reliable principles used
• Applied Principles reliably

Question 4

Daubert/Kuhmo Standard

Answer 4

• Peer reviewed and published
• Tested and subject to retesting
• Low error rate
• Reasonable level of acceptance

Question 5

Kelly/Frye Standard

Answer 5

• Proponent must prove the underlying scientific theory and instrument it uses
• It has been generally accepted as valid and reliable in the relevant scientific community
• Exception: Standard does not apply to medical and nonscientific testimony

Question 6

Admissible uses of Character Evidence

Answer 6

{I PIK A MOP}

• Intent
• Preparation
• Identity
• Knowledge
• Absence of mistake
• Motive
• Opportunity
• Plan or scheme

Question 7

Nonhearsay Purposes

Answer 7

• Effect on Listener/Reader
• Declarant’s state of Mind
• Legally operative fact

Question 8

Hearsay Admissions

Answer 8

-Party admissions
-Adoptive: manifest belief in truth of the statement
-Vicarious: employee or agent statement in course of relationship
-CEC: employee negligence only
Co-Conspirator: during & in furtherance of the conspiracy

Question 9

Hearsay Witness statements

Answer 9

• Medical purpose diagnosis & treatment
• State of Mind
• Present Sense impression
• Excited Utterance
• Prior statement of available W’s
• -Prior inconsistent statement
• -Prior consistent statement
• -Prior identification

Question 10

Document exceptions (Hearsay)

Answer 10

Past recollection recorded
-firsthand knowledge
-Fresh @ time of recording
-W recollection impaired now
-Record accurate @ time made
Business Record
-Business activity
-Regular practice to keep
-Business duty to report
-Time @ time made
Public record
-Agent record of own acts
-Matters observed w/in duty to report
-Investigative reports
-FRE: Not against criminal D
Learned writings

Question 11

Declarant unavailable Exceptions

Answer 11

• Former testimony
• Dying declaration
• Declaration against interest

Question 12

Judicial Notice allowed if

Answer 12

• Not subject to reasonable dispute
• Generally known in jurisdiction
• Capable of accurate & ready determination