FINAL

Question 1

Evidence

Answer 1

Testimony, writings, material objects or other things presented to the senses that care offered to prove the existence or nonexistence of a fact

Question 2

Types of Evidence

Answer 2

Oral Testimony
Real Evidence
Documents
Demonstrative Evidence
Photograph and Video Evidence
Circumstantial Evidence

Question 3

Oral Testimony

Answer 3

Given by witnesses speaking from the witness stand. The witness takes an oath to testify truthfully and then responds to questions posed by attorneys representing both parts

Question 4

Real Evidence

Answer 4

physical evid that a party claims played a direct role in the controversy (ex: murder weapon)
Must be authenticated
Jurors are fascinated by real evid and so it is often used with great effect

Question 5

Documents

Answer 5

Any type of writing or recording of info- could consist of everything from bills, contracts, notes from witnesses…
Technology dependent
Must be authenticated (witnesses can’t just talk about the documents, fed. rules req the actual doc to be submitted as evid except if its been destroyed)

Question 6

Demonstrative Evidence

Answer 6

Sometimes is physical evid but is it not an object that played a direct role in the controversy
Demonstrates concepts or facts to jury
Ex: maps, charts, graphs, pwr pnt, exhibit
Open to abuse because not directly involved

Question 7

Photograph or video evidence

Answer 7

The role of these is growing with cell phones
Do not constitute their own category of evid
Must be submitted as real or demonstrative evid.

Question 8

Circumstantial Evidence

Answer 8

Any evid that req the jury to make inferences connecting the evid with a disputed fact
Whereas direct evid offers a fact, circumstantial evid offers facts that could illuminate the disputed fact

Question 9

Why is it a mistake to give litigants complete freedom- Why do we need the federal rules of evidence?

Answer 9

Wealthy litigants could prolong trials indefinitely
The rules allow for the intro of weak evid. and assume that opposing counsel will expose flaws
Lay jurors could place undue weight on certain types of evid

Question 10

Evidentiary rules were developed as part of what?

Answer 10

Common law

Question 11

2 sources of legal history

Answer 11

Notes from advisory committee

Committee reports and other legislative history from congress

Question 12

Rule 401

Answer 12

Test for relevant evid. Relevant if:

a) it has any tendency to make a fact more or less probable than it would be without the evid.
b) the fact is of consequence in determining the action

Question 13

Rule 402

Answer 13

general admissibility of relevant evid.
Relevant evid is admissible unless any of the following provide otherwise:
US Const
Fed Statutes
These rules
Other rules prescribed by the SC

Question 14

Rule 403

Answer 14

Exclusion of evid for prejudice, confusion or waste of time or other reasons
The court may exclude relevant evid if its probative value is substantially outweighted by a danger of one or more of the following:
Confusing the issues, misleading the jury
Undue delay, wasting time or needlessly presenting cumulative evid
Unfair prejudice

Question 15

What rule is final obstacle for evidence?

Answer 15

403

Question 16

Which litigant conducts direct examination of a witness

Answer 16

the attorney that called the witness

Question 17

Hostile Witness

Answer 17

Adverse witness to the attorney calling them

Question 18

5 tactics for impeaching a witness

Answer 18

1. Attack witnesses’ character for truthfullness
2. Claim unfair prejudice, confusion, or delay
3. Complete the story (additional info eliminates or reduces negative effects of the testimony)
4. Demonstrate Inconsistencies
5. Show Bias

Question 19

Which litigant conducts re-cross examination of a witness?

Answer 19

The attorney of the opposing party, if necessary

Question 20

Rule 413 permits what?

Answer 20

evidence of past involvement in sexual assaults to be introduced

Question 21

Rule 414 permits what?

Answer 21

for evidence of past involvement in child molestation to be introduced

Question 22

What are the advisory committee’s 3 objections to rule 413 and 414?

Answer 22

1. current rule already allows admittance in certain circumstances
2. people would be convicted on past behavior
3. no convictions required

Question 23

What is hearsay?

Answer 23

Secondhand information

Evidence based on information received from another

Question 24

How does the 6th amendment impact the admissibility of hearsay?

Answer 24

Promises the right to confront witnesses- aka the right to cross examine

Question 25

Who is gatekeeper of expert testimony

Answer 25

trial judge

Question 26

What makes witnesses former testimony admissible? (3 things)

Answer 26

1. Testimony was given at trial (under oath)
2. Opposing party (or predecessor in interest) had opportunity to confront the witness testimony
3. Opposing party, or predecessor in interest, had opportunity and similar motive to develop testimony

Question 27

2 aspects of business records that makes them admissible hearsay

Answer 27

1. Recorded by a person who has personal knowledge of the facts
2. Regular practice of keeping records

Question 28

In what context does attorney client privilege apply?

Answer 28

In any context

With anyone reasonably believed to be able to practice law

Question 29

2 things proposed rule 502 demands to protect inadvertent disclosure

Answer 29

1) reasonable steps were taken to prevent

2) reasonable steps taken to rectify

Question 30

Rules 1001-1003 is based on what 3 policies?

Answer 30

(This whole section is based on producing the original document)

1. Content of writing, recording, or photograph is more detailed and difficult to describe than most events or objects that witnesses relate in a court room
2. They are easily produced
3. Reduces opportunities for fraud and distorition

Question 31

3 functions of authentification

Answer 31

1. Necessary to establish relevance- evid becomes relevant only when a party provides info making it to the controversy
2. Offers the jury the assurance that a piece of evid is genuine- strong chain of custody documentation aids the jury in trusting the evid
3. Authentication places the evid in the proper context

Question 32

4 types of presumptions

Answer 32

1. Permissive Inferences
2. Presumptions that shift the burden of production
3. Presumptions that shift the burden of proof
4. Conclusive Presumptions

Question 33

Permissive inferences

Answer 33

Judge instructs the jury that it may infer one fact from another
Jury may disregard this suggestion; a permissive inference only presents an option
Can be helpful to the party benefitting from the evid.

Question 34

Presumptions that shift the burden of production

Answer 34

Hardest category of presumption to understand; shifts burden of producing evidence to the other party

Question 35

Shifting the burden of proof

Answer 35

Created when a party introduces sufficient evid of facts needed to invoke the presumption
Req. the opposing party to respond to the presumed fact by producing evid to the contrary
They req. the opposing party to carry the burden of proof

Question 36

Conclusive presumptions

Answer 36

Also called irrebuttable presumptions; req. the fact finder to draw a particular inference
Conclusively est. a fact relevant to the litigation