Evidence FINALS FINALS FINALS

Question 1

Testifying Declarant?

Answer 1

1. Subject to Cross examination now
2. Prior inconsistent statements [from previous trial setting]
3. Prior consistent statements
4. Eyewitness ID

Question 2

Party opponent?

Answer 2

1. Made by party
2. Made by party agent
3. Manifested 2 be true
4. Co-conspirator in furtherance of conspiracy

Question 3

Expert true test?

Answer 3

Whether expert has peculiar knowledge
Not common to this world
Helpful to court and jury
In determining question at issue

Question 4

Daubert?

Answer 4

1. Tested?
2. Errors?
3. Peer reviewed?
4. Accepted?

Relevant & Reliable
Majority test
Judge is gatekeeper and uses this test

Question 5

702 test?

Answer 5

1. Qualified?
2. Scientific Qs helpful to court & jury
3. Reliable principles & methods
4. Based on sufficient facts & data
5. Analysis

Question 6

Authentication of evidence, such as an exhibit, as a ____ ____ that can be satisfied by what?

Answer 6

Condition precedent
Satisfied by “evidence sufficient” to show it is what proponent claims it to be.

Question 7

Examples of evidence sufficient to authenticate evidence?

Answer 7

Testimony [pictorial]
Process descriptions [silent witness]
meta data
pubic records

Question 8

[Authentication]

“Evidence sufficient” is produced to authenticate that in the eyes of the jury establishes evidence as authentic, per what standard?

Answer 8

Preponderance of the Evidence

Question 9

Best evidence rule number?

Answer 9

1002

Question 10

1002 requires the original unless what rule applies?

Answer 10

1004) Original not lost in bad faith, adverse party has it and wont turn over after notice, or not central to the issue.

Question 11

What rule is duplicate?

Answer 11

1003

Question 12

Further, duplicates are generally admissible to same extent as original unless…

Answer 12

1. Genuine Q as to authenticity
2. Unfair

Question 13

1003) A duplicate is produced in the same ______ as the original which accurately recreates the original.

Answer 13

Impression

Question 14

1002 then 1003 aim to bar what?

Answer 14

Human recollections

Question 15

Impression =

Answer 15

Accurately recreates the original

Question 16

1004

Answer 16

1. Not bad faith loss
2. Adv party has it
3. Not central

Question 17

For what purpose would proponent seek to get in underlying hearsay that expert has used? If this works, what have you circumvented?

Answer 17

To aid the jury in evaluating expert testimony. SR 403.
If it comes in, per Justice Alito, this circumvents the CC.

Question 18

Justice _____ said that underlying expert hearsay, if admitted, is not barred but instead circumvents the CC.

Answer 18

Justice Alito

Question 19

____ governs privilege unless Constitution, FEDs, or FRES provide otherwise.

Answer 19

501: General Privilege — but in civil cases, state law governs.

Question 20

H-W Privilege: _______ adopts narrow interpretation, the Witness spouse alone has the privilege to refuse or choose to testify.

Answer 20

Trammel

Question 21

Psycho-patient privilege: Adopted in ______: applies also to social workers are protected under 501.

Answer 21

Jaffee

Question 22

Clergymen: ______ found that if not a “formal confession” then 501 did not apply.

Answer 22

Morales

Question 23

Reporter privilege: 5 Justices have said… [grand juries]

Answer 23

Almost complete immunity in grand juries.

Question 24

Reporter privilege [grand jury] 2 justices said…

Answer 24

Reporter 1st amendment rights must be weighed against adverse parties needs for disclosure.

Question 25

Reporter privilege case?

Answer 25

Branzburg. 5 justices said almost complete immunity in grand jury cases.

Question 26

Reporters P: Most states have _____ laws that give journalists some form of privilege against production.

Answer 26

Shield laws = State protection for reporters

Question 27

Clawback rule?

Answer 27

26 B5B

Question 28

26 B5B

Answer 28

Clawback

Question 29

Clawback notification?

Answer 29

1. Promptly return
2. Sequester
3. Destroy
4. Notify court

Question 30

T/F) 26B5B still protects you “if you have been lax” about your privilege.

Answer 30

False

Question 31

T/F) Privilege is absolute, it cannot be “overcome” by a showing of need like WPD.

Answer 31

True, but it can be waived/lost.