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MBE > Evidence (FRE + CA) > Flashcards

Evidence (FRE + CA) Flashcards

1
Q

Source of Law

A

Fed – FRE

CA – CEC

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2
Q

Direct Evidence

A

Automatically resolves issue

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3
Q

Circumstantial Evidence

A

Resolves if used with additional information

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4
Q

Testimonial

A

W asserts in court

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5
Q

Real Evidence

A

Physical thing used in court

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6
Q

Demonstrative Evidence

A

Tangible item illustrating a concept

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7
Q

Extrinsic Evidence

A

Information other than W’s testimony in current proceeding

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8
Q

Collateral Matter

A

fact not material to evidence in the case

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9
Q

Relevance

A

All evidence must be logically and legally relevant

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10
Q

Logical Relevance

A

FRE- tends to make any fact of consequence more/less probable

CEC- tends to make any fact in dispute more/less probably

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11
Q

Legal Relevance

A

FRE (352) + CEC (403) = Otherwise relevant evidence may be excluded if its PV is substantially o/w by the danger of unfair prejudice

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12
Q

CA Prop 8

A

Victim’s Bill of Rights– all Relevant Evidence is admissible subject to exceptions

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13
Q

CA PROP 8

Exceptions - DR MC SHEEP

A

D- still must open door to own CE

Rape Shield laws

Member of media

Court can exclude

Secondary Ev rule

HS

Exclusionary Rules (2)

Privileges

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14
Q

Public Policy Exclusions

SLOPES

A

Subsequent Remedial Measures

Liability insurance

Offers to pay med expenses

Plea offers

Expressions of sympathy

Settlement offers

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15
Q

PPE

Subsequent Remedial Measures

A

Policy: encourage people to repair dangerous things w/o fear that it would = adm of fault

Rule: Ev of safety measures, or repairs performed after an accident NOT adm to prove culp conduct

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16
Q

PPE

Subsequent Remedial Measures

Exceptions (ROD)

A

SRM permitted to show:

Rebut claim that precaution was not feasible

Ownership/control

Destruction of evidence by other party

17
Q

PPE

Liability Insurance

A

Reason: Encourage people to get insurance

Rule: Evidence of LI not adm to show culpability

18
Q

PPE

Liability Insurance Exceptions

A

Ownership/control

Impeachment

Admission of stmt of fault made in conjunction with is adm

19
Q

PPE

Offer to Pay Med Expenses

A

Reason: encourage people to pay other’s med bills

Rule: Offers to pay not adm to show culpability for that injury

Exc: collateral admission of fact is adm (FRE ONLY)

20
Q

PPE

Offers to Plead Guilty

A

Reason: encourage people to plead out

Rule: offer to plead to crime and all related stmt made during negotiations not adm to prove D guilty

(CEC- could come in under Prop 8)

21
Q

PPE

Expression of Sympathy

A

Rule (CEC ONLY): Not admissible to prove guilt BUT stmts of fact made with are adm

22
Q

PPE

Settlement Offers

A

Reason: Encourage people to settle

Rule: offer to settle + related stmts are not admissible to prove claim/liability/amt (disputed claim only)

(CEC may allow under prop 8)

23
Q

PPE

Immigration Status

A

CEC ONLY – evidence of immigration status not adm in civil action for PI or WFD

24
Q

Direct

A

No leading Qs unless ! hostile

25
Q

Cross

A

Leading Qs permitted

Limited to SM of Direct

26
Q

Redirect

A

Limited to SM of Cross

27
Q

Recross

A

Limited to SM of Redirect

28
Q

Competency of Ws

A

Must have PK + Declaration of truth

PK = on matter at hand, present recollection, able to communicate,

DoT = takes an oath (CEC + und legal duty)

29
Q

Objections to Testimony

NUCALF

A

Narrative (broad)

Unresponsive (CEC only-motion to strike/either p)

Compound Q (2 in 1)

Argumentative (Q unnecessarily combative)

Leading (suggests answer)

Facts not in Evidence

30
Q

Similar Occurrences

A

Evidence of prior SO adm if to show:

Causation

Intent/absence of mistake

rebut impossibility

value

custom

business routine

prior accident showing – pattern of fraud/pre-existing conditions

31
Q

Habit

A

NOT a moral assessment – relevant/adm to show person acted in conformity with habit on occasion

32
Q

Character Evidence

A

Conveys a moral judgment

Generally inadmissible unless exception

33
Q

Methods of Proving CE

A

R/O/SI

(FRE and CEC)

34
Q

CE in Civil Cases

A

Inadmissible unless

In issue (ex: truth = a defense)

Prior acts SA/CM

MIMIC

35
Q

MIMIC

A

Motive

Identity

Mistake (lack of)

Intent

Common Plan/Scheme

36
Q

CE in Criminal Case

A

GR: Inadmissible unless D opens door by offering ev of own good character

Direct/Cross - R/O

Cross- SI (lack of knowledge not D’s character)

37
Q

D’s Character- Criminal Case

A

Only D can open door (pertinent trait) → P can respond to that trait

38
Q

D’s Character - Criminal Case

Exceptions

A

Rebutting V’s bad C (FRE vs CEC)

Prior Acts SA/M (CEC + DV/EA

Mimic

C at issue (usually civil)

39
Q

V’s Character- Criminal Case

A

Inadmissible unless D opens door → P rebut as to that trait

(FRE Homicide exc)

MBE (4 decks)

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