Evidence Multiple Choice

Question 1

Best Evidence Rule

Answer 1

Does not require a party to use the most persuasive evidence to prove a point

• It merely requires the production of the original document when attempting to prove the content of the document when attempting to prove the content of the document.
• if a party is attempting to prove the facts, as opposed to the content of the document, any competent evidence can be used.

Question 2

Hearsay: Admission (Silence)

Answer 2

Silence is responsive to an accusatory statement can be an implied admission if:

1) Party Heard
2) Understood statement
3) Was capable of denying
4) reasonable person would have denied the accusation under similar circumstances.

Question 3

Hearsay: Present State of Mind

Answer 3

Declaration of existing state of mind are admissible as circumstantial evidence to show subsequent act of the declarent in conformity with intent.

• A declaration of intent to do something in the future is offered as circumstantial evidence tending to show that the intent was carried out.

Question 4

Present Recollection Reviewed v. Past Recollection Recorded

Answer 4

PRESENT RECOLLECTION REVIEWED:
* May use a writing or a thing for purpose of refreshing present recollection

• mat not read into evidence, since not authenticated.

PAST RECOLLECTION RECORDED:

• Witness is not able to fully testify sufficient recollection of an event, even after consulting a writing.
• Writing it self will be admitted into evidence if proper foundation is laid.
• Foundation:
  1) Witness had PERSONAL KNOWLEDGE of facts in writing.
  2) Writing was made by witness or under her discretion
  3) Mad when FRESH in witness head
  4) Writing is accurate
  5) Witness has insufficient recollection to testifying accurately.
  = May be read into evidence.
• writing can’t admit document into evidence unless adverse party.

Question 5

Evidence

Timely Objection

Answer 5

An objection ordinarily must be made after the question is asked, but before the witness answers.

• If the question is not objectionable, but the answer is a motion to strike is appropriate.

Question 6

Expert Witness

Hypothetical

Answer 6

The expert may give an opinion in response to a hypothetical question as long as the facts assumed in the question can be found by the trier of fact based upon admissible evidence.

Question 7

Prior Inconsistent Statement

Foundation

Answer 7

As long as a witness is given opportunity to explain or deny the statement, EXTRINSIC proof of prior inconsistent statement is admissible to impeach the witness testimony

Question 8

Hearsay

Prior Consistent Statement

Answer 8

Is not Hearsay if it is consistent wit the declarent in court testimony and is offered to rebut a change that the witness is lying or exaggerated because of some motive.

Question 9

Physician Client Privilege admissible if:

Answer 9

1) The plaintiff was not seeking diagnosis or treatment

2) He put his physical condition in issue.

Question 10

Hearsay Exception: Dying declaration

federal

Answer 10

• Mere opinion not allowed need to be first hand knowledge.

- Only homicide case.

Question 11

Multiple Choice

Subsequent Remedial Measure

Answer 11

Subsequent repairs or precautionary measure following on injury are not admissible if offered to prove Defendant negligence.

Can be offered:
- May be admissible to show ownership and control.

Question 12

Hearsay: Public Records Acception

Answer 12

A record, report, statement, or data completion of public office, or agency setting forth:

1) the activity of the officer or agency,
2) Matters observed pursuant to a duty imposed by law, or
3) Factual finding resulting form investigation made pursuant to authority granted by law.

Question 13

Impeachment

Foundation: Explain or Deny

Answer 13

• No need for Specific Bad Acts

* Required for prior inconsistent statements

Question 14

Extrinsic evidence of other crimes: Character Evidence

Answer 14

Extrinsic evidence of other crimes is not admissible to show criminal disposition or conduct in conformity with the other crimes.

However,
* 404(b) permits this evidence to be introduced for other purposes, such as to show motive, opportunity, intent, or identify, wherever those issues are relevant in the case.

Question 15

Not Hearsay

Effect on listener

Answer 15

Effect of the statement on Plaintiff is admissible to show that he relied on the statement in getting into the transaction.

Question 16

Former Testimony: Grand Jury

Answer 16

Does not fall within the former testimony exception.

* no cross examination opportunity in grand jury testimony

Question 17

Evidence

Chain of Title

Answer 17

Problems arises when the evidence is the type that is likely to be confused or can easily be tampered with after in custody.
* Authentication

Question 18

Character Evidence in a Civil Case

Answer 18

Generally inadmissible to prove that the person may have acted in conformity with his character on a particular occasion.