General Questions Flashcards
can the court appoint an expert?
yes, under 706
who decides whether a witness is an expert or a lay person?
the judge (definitely not the jury)
when can a witness identify a voice?
at any point in time (article 9)
what is the standard by which photos come in by?
photos come in if they are a fair and accurate depiction of a relevant scene at a relevant time
can a judge put limitations on how photos are admitted into evidence?
yes, if unfairly prejudicial under 403
are trade inscriptions hearsay?
no b/c they are circumstantial evidence of ownership
do you have to call a photographer to authenticate a photo?
no
which article applies to all stages of the proceedings unless it has been waived?
privilege - article 5
which privilege does not exist at the federal law and is applies through state law?
physician patient privilege
under attorney/client privilege, if there is a person in the room who is not protected by the privilege, what happens to the privilege?
it’s waived
just because you’re talking to an attorney doesn’t mean that…
the attorney client privilege applies
