Last Push Evdence

Question 1

What is the general rule regarding character evidence in civil cases?

Answer 1

Character evidence is generally inadmissible to prove conduct in conformity.

Question 2

When is character evidence admissible in civil cases?

Answer 2

When proof of a person’s character is an essential element of a claim or defense.

Question 3

In which types of civil cases is character considered ‘directly in issue’?

Answer 3

• Defamation cases where truth is a defense
• Negligent hiring or entrustment cases
• Child custody cases

Question 4

What forms of character evidence are admissible when character is directly in issue?

Answer 4

All forms of character evidence: reputation, opinion, and specific acts.

Question 5

What is the general rule regarding the admissibility of other misconduct evidence?

Answer 5

Evidence of other crimes, wrongs, or acts is generally inadmissible if offered solely to prove conduct in conformity.

Question 6

What is MIMIC evidence?

Answer 6

Evidence of a person’s other crimes, wrongs, or acts that is admissible if relevant to some issue other than their character or propensity.

Question 7

What are some non-character purposes for offering evidence of other misconduct?

Answer 7

• Motive
• Intent
• Absence of mistake or accident
• Identity
• Common plan or scheme

Question 8

Fill in the blank: In civil cases, character evidence is generally ________ to prove conduct in conformity.

Answer 8

inadmissible

Question 9

True or False: Evidence of a person’s other misconduct can be offered solely to suggest they are more likely to commit the charged crime.

Answer 9

False

Question 10

In child custody cases, what aspect of character is at issue?

Answer 10

Parents’ character

Question 11

In negligent hiring cases, what aspect of character is at issue?

Answer 11

Hired/entrusted person’s character

Question 12

What is a method for impeaching a witness?

Answer 12

Using hearsay declarant

Question 13

What can a witness’s character be impeached for?

Answer 13

Truthfulness and self-interest bias

Question 14

What must be specified to impeach a declarant?

Answer 14

Instance of conduct involving bad act or criminal conviction of felony or dishonesty

Question 15

What types of testimony can be used regarding a declarant’s truthfulness?

Answer 15

• Reputation testimony
• Opinion testimony

Question 16

What is a method for impeaching a witness regarding partiality?

Answer 16

Showing bias to a party

Question 17

What constitutes a specific contradiction in witness testimony?

Answer 17

Inconsistent statement

Question 18

What type of evidence can contradict testimony on a material issue?

Answer 18

Direct evidence

Question 19

What is admissible regardless of when a statement occurred?

Answer 19

Evidence directly contradicting testimony

Question 20

When can a declarant’s credibility be attacked?

Answer 20

When a hearsay statement is admitted under hearsay exceptions or exclusions

Question 21

How can a declarant’s credibility be supported or attacked?

Answer 21

Using methods for impeaching a witness

Question 22

True or False: A declarant’s inconsistent statement can be used for impeachment.

Answer 22

True

Question 23

What is a key difference between a witness’s and a declarant’s inconsistent statements?

Answer 23

A declarant’s inconsistent statement can be used even if it occurred after the hearsay statement

Question 24

What cannot be used as substantive evidence to prove negligence?

Answer 24

A bystander’s hearsay statement

Question 25

What rule governs the attacking of a declarant's credibility?

Answer 25

Fed. R. Evid. 806

Question 26

Fill in the blank: When a hearsay statement is admitted, the declarant's credibility may be _______.

Answer 26

attacked

Question 27

What is a requirement for a statement to be admissible under hearsay exceptions?

Answer 27

Must fall within an exclusion or exception to the hearsay rule

Question 28

What methods can be used to impeach a witness's character for truthfulness under FRE 608?

Answer 28

A party may attack a witness's character for truthfulness through: * reputation or opinion testimony * specific instances of conduct (SICs)

Question 29

What is reputation or opinion testimony in the context of witness impeachment?

Answer 29

Reputation or opinion testimony is introduced extrinsically, meaning from a source other than the witness's own testimony.

Question 30

Can specific instances of conduct (SICs) involving felony convictions be introduced extrinsically or intrinsically?

Answer 30

Yes, a SIC that involves a conviction for a felony or crime of dishonesty can be introduced extrinsically or intrinsically.

Question 31

How must a specific instance of conduct (SIC) involving a bad act be introduced?

Answer 31

A SIC involving a bad act may only be introduced intrinsically.

Question 32

True or False: A defendant can call their own witness to testify about a plaintiff's witness's bad act.

Answer 32

False

Question 33

What does FRE stand for?

Answer 33

Federal Rules of Evidence

Question 34

Fill in the blank: Under Federal Rule of Evidence 608, a party may attack a witness's character for truthfulness through reputation or opinion testimony or _______.

Answer 34

[specific instances of conduct (SICs)]

Question 35

What is the educational objective regarding attacking a witness's character for truthfulness?

Answer 35

A party may attack a witness's character for truthfulness through reputation or opinion testimony or specific instances of conduct (SICs).

Question 36

What type of specific instance of conduct (SIC) can be introduced through the attacked witness's own testimony?

Answer 36

A SIC involving a conviction for a felony or crime of dishonesty.

Question 37

In the context of witness impeachment, what is the difference between extrinsic and intrinsic evidence?

Answer 37

Extrinsic evidence comes from a source other than the witness's own testimony, while intrinsic evidence comes from the witness's own testimony.

Question 38

What options does an adverse party have if a witness uses a writing to refresh their memory while on the stand?

Answer 38

An adverse party is entitled to: * Have the writing produced at trial * Cross-examine the witness about the writing * Introduce portions of the writing relating to the witness’s testimony into evidence ## Footnote These options are available to ensure fairness and transparency in the legal process.

Question 39

Under what condition can an adverse party access a writing if the witness refreshed their memory before taking the stand?

Answer 39

An adverse party can access the writing only if the court decides that justice requires it ## Footnote This emphasizes the court's discretion in determining the necessity of producing the writing.

Question 40

What happens if the prosecution fails to produce or deliver a writing as ordered in a criminal case?

Answer 40

The judge must strike the witness’s testimony and, if justice requires, declare a mistrial ## Footnote This rule aims to uphold the integrity of the judicial process.

Question 41

What discretion does a judge have if the defense or a party in a civil case fails to comply with an order to produce a writing?

Answer 41

The judge has more discretion and can issue 'any appropriate order' ## Footnote This allows for flexibility in handling non-compliance in civil cases compared to criminal cases.

Question 42

What are the first four methods of impeachment?

Answer 42

1. Prior inconsistent statements 2. Bias 3. Sensory deficiencies 4. Contradiction

Question 43

What do impeachment methods 1-4 focus on?

Answer 43

Impeaching a witness with facts that are specific to the current case

Question 44

What are the methods 5-7 of impeachment?

Answer 44

5. Opinion or reputation evidence of untruthfulness 6. Prior convictions 7. Bad acts

Question 45

What do impeachment methods 5-7 focus on?

Answer 45

Impeaching a witness with their general bad character for truthfulness

Question 46

Fill in the blank: Impeachment methods 1-4 involve impeaching a witness with _______.

Answer 46

facts that are specific to the current case

Question 47

Fill in the blank: Impeachment methods 5-7 involve impeaching a witness with their _______.

Answer 47

general bad character for truthfulness

Question 48

What is required before introducing extrinsic evidence to prove a prior inconsistent statement?

Answer 48

The witness must be given an opportunity to explain or deny the statement, and the adverse party must be given an opportunity to examine the witness about the statement.

Question 49

What are the exceptions to the foundation requirement for extrinsic evidence?

Answer 49

The foundation requirement does not apply if the prior inconsistent statement is an opposing party’s statement.

Question 50

What does evidence of a witness being biased indicate?

Answer 50

It tends to show that the witness has a motive to lie.

Question 51

Does the Federal Rules specifically address impeachment with bias?

Answer 51

No, much is left to the court’s discretion.

Question 52

What is the majority rule regarding impeachment by extrinsic evidence of bias or interest?

Answer 52

Before a witness can be impeached by extrinsic evidence of bias or interest, they must first be asked about the facts that show bias or interest on cross-examination.

Question 53

True or False: The court has discretion to allow extrinsic evidence even if the witness admits bias.

Answer 53

True

Question 54

Fill in the blank: The foundation requirement for extrinsic evidence does not apply if the prior inconsistent statement is an _______.

Answer 54

[opposing party’s statement]

Question 55

Can the presiding judge testify as a witness?

Answer 55

No, the presiding judge may not testify as a witness.

Question 56

Are jurors allowed to testify before the jury they are sitting in?

Answer 56

No, jurors are incompetent to testify before the jury in which they are sitting.

Question 57

What is generally prohibited for jurors during an inquiry into the validity of a verdict?

Answer 57

Jurors are generally prohibited from testifying about what occurred during deliberations or anything that may have affected their vote.

Question 58

What types of testimony are jurors allowed to provide during an inquiry into a verdict?

Answer 58

* Whether any extraneous prejudicial information was improperly brought to the jury’s attention * Whether any outside influence was improperly brought to bear on any juror * Whether there is a mistake on the verdict form * Whether any juror made a clear statement relying on racial stereotypes or animus to convict

Question 59

Why is juror testimony regarding racial stereotypes or animus allowed?

Answer 59

To determine whether the defendant’s 6th Amendment right to a jury trial was violated.

Question 60

True or False: Every comment indicating racial bias qualifies for juror testimony.

Answer 60

False, not every comment indicating racial bias will qualify.

Question 61

What must the court find for a juror's racial animus to be considered significant?

Answer 61

The court must find that racial animus was a significant motivating factor in the juror’s vote to convict.