Evidence Mnemonics

Question 1

OK

**Hearsay Exceptions
(Witness unavailable) **

Unavailable because you’re dead!!!

Answer 1

**an exceptional Former Family’s Death Interest witness tamperers **

Former testimony
Family history
Dying declaration
Stmt against interest
Stmnt offered against person who made declarant unavailable (witness tampering)

Question 2

Hearsay Exceptions
(Witness availability immaterial) -
Remember: Pampers make EXCEPTIONal presents

Answer 2

PAMPERS BJ

Present sense impression
Ancient documents
Med Dx
Public record
Excited utterance
Recorded recollection (Past) …NOT REFRESHING RECOLLECTION!
State of mind

Business records
Judgment of previous conviction

Question 3

Hearsay - Why W is unavailable or won’t testify

Answer 3

APRIL

Absent
Privilege
Refuse
Illness and death
Lacks memory

Question 4

Privileges

Answer 4

CHIMP’s Ass

Clergy
Husband/wife
Incriminating self
MD/patient
Psych

Attorney/client

Question 5

Impeachment - What can be used for impeachment?

THINK: Peaches and bread

Answer 5

**Please Cut Corners Before Slicing Club Sandwiches

Prior inconsistent statements
Convictions
Character – dishonesty
Bias, motive, interest
Sensory deficiency
Contradiction
Specific instances of misconduct (on X)

Question 6

Rule 403 balancing test - is probative value outweighed by ———??

Answer 6

U Will CUM

Unfair prejudice

Wasting time

Confusion of Issues
Undue delay
Misleading the jury

Question 7

Self authenticating documents

(Don’t flip the newspaper when you deliver it)

Answer 7

NON FLIPS

Newspaper and periodicals
Official gov’t publications
Notarized documents (except wills)

Foreign public records certified by the US Embassy
Label, tag or trademark
Instruments (negotiable) and commercial paper
Public documents or records, certified by the clerk of court
Sealed (document sealed with a government seal)

Question 8

Expert witnesses
(Must be reliable - factors used to make determination)**

Please PET Animals

Answer 8

Judge looks to see if they love their pet animal—
Please PET Animals

Peer reviewed and Published
Error (potential rate of)
Tested

Accepted (widely accepted theory in the profession)

Question 9

Business Records Exception

Answer 9

ABC

• At or near time of occurence;
• By someone w/ knowledge of the event and a duty to record it;
• Records made in the course of business.

Question 10

Adopted Admissions can HURT you

Answer 10

HURT

• Heard it,
• Understood it,
• Reasonable person would ->
• Take Exception

Question 11

Character Evidence
(What can it be used to prove?)

I will mimic your character

Answer 11

MIMIC

Motive
Intent
Mistake (lack of)
ID
Common scheme or plan

Question 12

Ws who cannot be excluded from trial include:

Answer 12

ESP

Essential
Statutorily allowed
Parties (or their agents)

Question 13

When don’t you need the original under the Best Evidence Rule?

Answer 13

ABC

Acknowledged – the other side has acknowledged the item’s legit;

Blameless - originals were lost or destroyed through no fault of your own; OR

Correct copies

Question 14

RULE 702

Qualified as an expert? SHRR (Sure)

Answer 14

Q - Qualifed

S - Scientific facts and data
H - Helpful to trier of fact
R - Reliable principles and methods used
R - Reasonable application of reliable principles and methods

Question 15

EVIDENCE RELEVANCE

Answer 15

Relevant if evidence has any tendency to make any legally relevant fact more or less probative than it would be without the evidence.

Question 16

EXCLUSION OF EVIDENCE FOR POLICY REASONS

Answer 16

Liability Insurance: Evidence of liability insurance is inadmissible to prove culpable conduct, such as negligence or the defendant’s ability to pay judgment.

Subsequent remedial measures or repairs: Evidence of safety measures or repairs after an accident is inadmissible to prove culpable conduct.

Settlements, offers to settle, and pleas:
o Civil Cases: Evidence of settlements, offers to settle, and related settlements are inadmissible to prove liability or fault.

o Criminal cases: Pleas, offers to plea, and related statements are inadmissible to prove guilt.

o Exceptions:

Payments or offers to pay medical bills: Evidence of payment or offers to pay medical expenses is inadmissible when offered to prove liability for the injuries in question (there still has to be a dispute).

Question 17

BEST EVIDENCE RULE

Answer 17

Applies only when the evidence is being offered to prove a writing’s contents. The rule requires the original writing be produced, but is subject to several exceptions:

o Writing: Defined as documents, videos, photos, x-rays, audio recordings, computer disks, or any tangible collection of data.
o Original: Computer printouts, public documents which are certified.
o Duplicate: An exact copy, like a carbon copy, is admissible (as an original would be), unless its authenticity is in dispute or unfairness would result.

Applies to two types classes of situations:
o When the writing is a legally operative or dispositive instrument; and
o When the knowledge of the witness concerning a fact results from having read doc

When the rule does not apply:

o When the fact to be proven exists independently of the writing;
o When the writing is collateral to the litigated issue (minor importance of doc.);
o Summaries of voluminous records; or
o Public records: certified copies of public records or testified to as correct are not subject to this rule.
Secondary Evidence: When the proponent cannot produce the original in court, s/he may offer the evidence of its contents if an acceptable reason is given

Question 18

OK -

Hearsay Exclusions:

PARTY OPPONENT’S CONSPIRATORIAL PRIOR STATEMENTS (Cubed)

A conspiratorial prior statement is an Exclusive” news story”

Answer 18

• Party Opponent’s Statements (“Statement by Party Opponent - by party, adopted admission, agent, or co-conspirator)
• Co-conspirator Statements
• Prior Statements by a W:
  
  • Prior Inconsistent under oath;
  • Prior Consistent statement
  • Prior ID