Intro/ Evi generally

Question 1

3 categories of evidence

Answer 1

Character evidence, impeachment, hearsay

Question 2

General approach of evidence

Answer 2

• underline the cause of action—is it civil or criminal
• situate the proceeding (direct, cross or re direct cross) ID the parties
• determine the purpose for which the evidence is being offered
o substantively or impeaching

Question 3

Common objections in evidence

Answer 3

OPRAH—
•	original writing rule (best evidence rule) 
•	privilege
•	relevance
•	authentication 
•	hearsay

Question 4

Definition of “statement”

Answer 4

•	oral or written assertion 
•	conduct intended as an assertion 
o	assertive vs. nonassertive conduct
o	nonassertive is not a statement
•	for ex a person fleeing a crime 
•	walking w a staggering gait is not asserting drunkenness
•	cant be by animal or machine

Question 5

Hearsay

Answer 5

• out of court
• other than one made bythe declarant while testifying at the current trial
• offered to prove the truth of the matter

Question 6

Steps to hearsay

Answer 6

• step 1: isolate the statement
o helpful if there are quotes

• step 2: who is the declarant
o if made by party/ agent of the party and it goes against the party’s interest, this is an admission. –> not hearsay.

• Step 3: what is the purpose of the evidence
o if for its truth it is hearsay, look for exception
o if not offered for its truth, or a hearsay exemption
• impeachment (not for truth, for purpose of impeachment)
• verbal acts (like words of offer and acceptance, defamation)
• state of mind ( circ evidnce to show notice, knowledge or motive) NOT for its proof
• exemptions (admissions 801b, prior statements of witnesses)

•	step 4 is there an exception 
o	present sense
o	excited utterance
o	present mental, emo or physical state
o	statements for med diagnosis or treatment
o	past recollection recorded 
o	biz records
o	absence of biz record
o	public record
o	vital statistics
o	absence of public record

Question 7

Character evidence

Answer 7

• forms of character evidence
o reputation
o opinion
o specific acts

•	in civil cases 
o	evidence of character is INADMISSIBLE to show that person acted in conformity with the trait 
•	UNLESS that character is in issue 
•	certain red flags
o	defamation 
o	child custody 
o	negligent entrustment 
•	the character the ∆ trusted is in issue
o	negligent hiring
•	character of the employee

Question 8

Impeachment

Answer 8

• 4 ways to impeach

o bias
• always material never collateral

o sensory defects

o prior inconsistent statements
• most common
• usually only for impeaching
• extrinsic evidence may be introduced if witness has chance to explain or deny
• SWORN statements—admissiable both substantivey and to impeach

o character
• reputation or opinion
• bad acts (involving dishonesty)

• character on on cross:
• bearing on truthfulness
• may not be proven by extrinsic evidence
• Felony convictions that do not involve dishonesty – 10 year time limit. probativeness outweighs prejudice. court has discretion to exclue
• prior conviction,any crime involving dishonesty– authomatically admissible up to 10 years

Question 9

Source of evidence law

Answer 9

FRE

Question 10

Overview of evidence topics

Answer 10

a. Three Major topics 80%
i. Relevance
ii. Witnesses
iii. hearsay

b. Three minor topics
i. Authentication
ii. Best evidence rule
iii. Privileges

c. Five topics not covered
i. Procedural considerations
ii. BOP
iii. Presumptions

Question 11

Threshold admissibility issues

Answer 11

generally relevant evidence is admissabile if it is competent. Under the FR, relevant evidence tends to prove any fact of consequence to the action (materiality). Evidence is competent if it doesn’t violate any exclusionary rule.

Question 12

Direct and circumstantial evidence

Answer 12

a. Direct- involves no inferences. Speaks directly to a material issue
b. Circumstantial—indirect and relies on inference. Evidence of a subsidiary or collateral fact from which, alone or in conjunction with other facts, the existence of the material issue can be inferred

Question 13

Limited admissibility

Answer 13

– evidence may be admissible for one purpose but not another, or admissible against one party but not another. In such cases, the court must, upon timely request, restrict the evidence to its prper scope and instruct the jury accordingly.
a. Court MAY exclude evidence entirely if it finds that, even with limiting instructions, probativeness is outweighed by prejudice.