General Review

Question 1

How does the effect of judicial notice differ in civil and criminal cases?

Answer 1

In crim, the jury need not believe but the prosecution’s burden of proof is satisfied.

In civil, the fact judicially noticed in conclusively established.

Question 2

What can used to refresh some one’s recollection?

Answer 2

Anything

Question 3

In a criminal trial, the prosecution can/cannot introduce evidence of D’s character to prove conformity.

Answer 3

Cannot, unless door is opened.

Question 4

In a criminal trial, the defendant can/cannot introduce evidence of his good character to prove conformity.

Answer 4

Can, but limited to rep or opinion only. No specific acts.

Question 5

If the defendant introduces evidence of his good character at a criminal trial, what can the prosecution now do? What restrictions?

Answer 5

P can now present evidence to show bad character.

Reputation or opinion evidence only. No specific acts.

Question 6

At a criminal trial, prior crimes/bad acts are admissible to show what?

Answer 6

Motive
Intent
Mistake (absence of)
Identity
Common plan or scheme

Question 7

What is important to keep in mind when using the MIMIC exception to the prohibition on specific acts?

Answer 7

403 relevance.

Question 8

What automatically puts a defendant’s character at issue in a criminal trial?

Answer 8

His testimony.

Question 9

If a defendant in criminal trial testifies, who is entitled to present evidence concerning character for truthfulness first? D or P?

Answer 9

P

Question 10

In a civil case, who is not permitted to introduce propensity evidence?

Answer 10

Neither

Question 11

In a civil case, evidence introduced for purposes other than propensity are ok if . . .

Answer 11

Relevant

Question 12

In which two types of civil cases is character automatically in issue?

Answer 12

Defamation cases

Negligent entrustment

Question 13

T or F? Evidence of prior similar occurrences is ordinarily admissible.

Answer 13

False

Question 14

For what three purposes are subsequent repairs admissible? To prove . . .

Answer 14

Ownership

Control

Possibility of safer condition (if defense is to the contrary)

Question 15

T or F? Prior inconsistent statements cannot be used to impeach during cross.

Answer 15

False. Can always be used to impeach during cross.

Question 16

T or F? PIS cannot be used to impeach through the use of extrinsic evidence.

Answer 16

False, but many restrictions on this ability

Question 17

Can EE of a PIS be used to impeach a witness on a minor point?

Answer 17

No

Question 18

When using EE of a PIS to impeach, the witness being impeached must be allowed to . . .

Answer 18

Comment

Question 19

Can you use EE of a PIS on cross?

Answer 19

No

Question 20

EE always refers to evidence offered to impeach when?

Answer 20

On direct, NOT on cross.

Question 21

What are the 2 categories of prior convictions that can be used to impeach? Any restrictions? Explain in detail.

Answer 21

1) Any criminal conviction (fel or mis) involving dishonesty–can always be used
2) Any other felony (within 10 years) unless its too prejudicial.

Question 22

Questioning as to prior bad acts (not convictions) that reflect unfavorably on truthfulness are OK, but only when?

Answer 22

on cross

Question 23

If an impeached witness denies a prior bad act, can we use EE?

Answer 23

No, never.

Question 24

What is true of the of EE for contradiction?

Answer 24

Must be used for major points only.

Question 25

What must be true before bolstering occurs?

Answer 25

Impeachment

Question 26

How can bolstering evidence come in without impeachment?

Answer 26

If otherwise admissible for any other reason.

Question 27

If you are impeached for bad reputation for truthfulness, prior crime, or prior bad acts, can you rehab with evidence of a good reputation for truthfulness?

Answer 27

Yes

Question 28

3 categories of non-hearsay?

Answer 28

Admissions by a party PIS of a witness under oath Prior ID made by a witness in the current case

Question 29

For which of the following exceptions to HS is unavailability required? ``` Dying declaration Present sense impression Former testimony Excited utterance Then existing state of mind/physical condition Purposes of medical treatment or diagnosis Recorded recollection Statements against interest Business records ```

Answer 29

Former testimony Dying declaration Statements against interest

Question 30

T or F? An out-of-court statement introduced to show effect on a listener is always ok.

Answer 30

True

Question 31

What is the definition of an admission/statement by a party opponent?

Answer 31

A relevant statement by a party or agent of a party (in scope of employment) made at any previous time AND offered into evidence by the OPPOSING party.

Question 32

T or F? Availability is irrelevant for admissions/statements by a party opponent.

Answer 32

true

Question 33

When will information be deemed to have been admitted by silence?

Answer 33

When a party heard an accusation against them and failed to protest AS LONG AS a reasonable person would have protested.

Question 34

What comes in when there is a valid admission by silence? The out-of-court accusation, the silence, or both?

Answer 34

Both

Question 35

T or F? Prior IDs by witnesses not testifying in the case are H/S.

Answer 35

True. Must be testifying in the case.

Question 36

Generally, what is the only purpose for which a PIS can come in?

Answer 36

To impeach

Question 37

For a PIS to be admitted for the TMA, one of these two things must be true.

Answer 37

PIS was given under oath at a legal proceeding, or The PIS itself qualifies under some independent exception to the H/S rule, then it's ok for TMA.

Question 38

What is true of dying declarations when offered into evidence at a criminal trial?

Answer 38

Must be in a homicide case.

Question 39

A dying declaration can be based solely on the opinion of the dying person. T or F?

Answer 39

False. Cannot be based on mere opinion without 1st hand knowledge.

Question 40

T or F? A person making a business record must have first hand knowledge of the information in the record for it to qualify.

Answer 40

False

Question 41

T or F? If a business record qualifies, it is admissible to prove only what is in the record, as opposed to what is not in the record.

Answer 41

False. Can prove both.

Question 42

Out-of-court statements of future intention are/aren't admissible to show that the person might have carried out that intention.

Answer 42

Are

Question 43

To achieve authentication, what must the moving party present?

Answer 43

Enough evidence to support a finding that the item is what it is purported to be.

Question 44

T or F? In a civil case, a spouse cannot be forced to testify against the other.

Answer 44

False. Only true in a federal criminal case.

Question 45

T or F? In any federal case, a spouse can refuse to disclose or keep the other from disclosing confidential communications made during marriage.

Answer 45

True