Evidence Pt 2 Flashcards
In taking judicial notice of laws of other jurisidiction, cts must in a criminal case and may in a civil case consult
any appropriate source and may consider other evidence offered on the subject
Non constitutional erroneous evidentiary rulings are harmless if the parties have
i) had a fair trial on the merits and
ii) substantial justice has been reached
Ct may on its own motion and must on motion of counsel require exclusion and seperation of every witness except
named party, victim, expert
What law are presumptions determined by in a civil action
federal law in proceeding where fed law supplies rule of decision
Character may only be proven by
reputation testimony, not opinion
Are bad acts admissible to show D’s propensity to commit crime in Q?
No, but admissible as MIMIC evidence
What does ct consider in determining probative value of a prior conviction?
length of time D was incarcerated in deciding whether prior conviction was too remote in time to be admissible
Must prosecution provide Criminal D with reasonable notice of intent to use specific bad act evidence?
NO
Are reprepeated physical and phsycological abuse of accused by victim admissible as specific acts character evidence?
yes in actions of personal injury/death
When may juror testify
when other juror has made statements sowing overt racial/national origin stereotype
VA deadman statute requires
corroboration of evidence offered against the party incapable of testifying
Can impeach by evidence of
reputation, not opinion
Can you attack witness’s credibility w specific instances of conduct?
No
Is there a time limit on convictions that can be used for impeachment
NO
Juvenile adjudications may not be used for impeachment but may be used for
general credibility to show bias of witness
What must counsel do before impeaching witness with prior inconsistent statement
call their attention to it
If statement is in writing, can you impeach w/o calling their attention to iT?
yes
When can you impeach your own witness w prior inconsistent statement?
if witness becomes adverse
Extrinsic evidence of prior inconsistent statement is admissible only if
witness has a chance to explain/deny statement and opposing party can examine witness about it
Can experts in civil cases offer opinion as to ultimate issue(mental state)
yes…not criminal cases
Evidence of D’s mental condition at time of offense is admissible only if
i) shows lack of intent
ii) it is otherwise admissible
Can experts in civil cases base their opinions on inadmissilble facts?
yes, if they are facts relied upon by experts in field
Can experts in criminal cases rely on inadmissible evidence
no
Is a polygraph admissible evidence
NEVER
WHEN MINor’s school records are material and otherwise admissible, properly authenticated copies of the records are admissible but subjective info must be
redacted from the records
What must parties do to admit telephone convo in a civil proceeding
i) all parties must agree or
ii) recoridng contains admissions to criminal conduct which is the basis of the civil action, one party was aware of the recording and proceeding is not for divorce, seperate maintenance or annulment of marriage
Best evidence rule only applies to
writings…counsel must object for ct not to apply to bER
Copies are admissible even when original exists if
copies were kept in ordinary course of business
contents of a public record are generally proved by
certified copy
in CRIMINAL cases, a spouse may be compelled to testify on behalf of other spouse, but not against the other spouse, except for
i) offenses committed by one spouse against person or property of the other spouse or minor child of either
ii) forgery by one spouse of other’s signature
iii) sexual assualt, incest, child abuse of children
Spouse may prevent testimony of other spouse that occurred during the marriage in confidence exept when
i) offense committed by one spouse against person or property of other spouse
ii) forgery of one spouse’s signature by other
iii) child abuse
Is the identity of a specific source of information, such as person attorney interviewed, protected by work product
yes
Physician patient privilege is only available in ___ proceedings
civil
even in civil proceedings, physician patient privilege doesnt apply where
patient’s mental/physical condition is in controversy
Does clergy-pentinent privilege apply in civil and criminal cases?
yes..along belongs to clergy
Professional journalist privilege yield’s to D’s right to
a fair trial
pleas of nolo contendre are admissible in subsequent civil proceedings if
arise from STO as criminal
Is prior inconsistent statement treated as nonhearsay or hearsay exception?
no
is witness’s prior consistent statement for rehabilitation treated as non hearsay or exception to hearsay?
neither
VA recognizes prior sttaement of identification as a hearsay exception so long as
witness testifies at trial or hearing and is subject to cross concernin the statement
Is an admission by a party opponent a hearsy exception
yes
Unequivocal admissions in a judicial proceeding are given
conclusive effect
When an adoptive admission is express, ct need only determine that there are sufficient foundational acts to let jury infer that declarant
heard, understood and acquiesced in the statement
Are statements against a party that caused declarant’s unavailability reconized in VA
NO
If an expert witness acknowledges on cross that a published work is a standard authority in the field, opposing party may impeahc by asking
whether witness agrees with statements in the work
In any prosecution for criminal sexual assault, VA recognizes a hearsay exeption for the fact that the person injured made a complaint of the offence recently after
the commission of the offense as corroborating evidence
