MBE Evidence Flashcards
Civil case past sexual conduct
Evidence offered to prove a victim’s sexual conduct or predisposition is generally not admissible in a civil proceeding involving alleged sexual misconduct, such as a sexual harassment action. Such evidence may be admitted, however, when the court determines at an in camera hearing that the probative value of the evidence substantially outweighs the danger of harm to the victim and unfair prejudice to any party.
Evidence of past conviction, refresher
The general rule is that a witness may always be impeached with evidence that he has been convicted of a crime involving dishonesty or false statements within 10 years of the conviction. Other felonies may be used for impeachment purposes, subject to a probative-prejudicial balancing test, unless (i) more than 10 years have elapsed since the conviction (or release from confinement, whichever is later), (ii) the felony was a juvenile adjudication, or (iii) the witness has been pardoned for the felony. Here, the age limit (decay factor) is most significant. Thus, answer choices B, C, and D are incorrect because they are less persuasive.
Evidence of statement by party opponent is
NEVER hearsay. Answer choice C is incorrect because the husband’s statement to his friend, as well as his statement in the video, are statements of a party opponent and thus not hearsay. However, despite clearing the hearsay hurdle, the testimony runs afoul of the original document rule.
Original document rule
The original document rule requires the production of a recording where its contents are at issue. Here, the husband’s statement to his friend is not a direct inculpatory statement, but instead is an admission of making such a statement in a recording. Consequently, the contents of the recording are at issue and the recording itself must be produced since it available. Although there is an exception to the original document rule for an adverse party’s admission as to the contents of a recording, this exception applies only when the admission was made in a deposition, testimony, or written statement.
Real estate docs re hearsay?
FRE 803(14) establishes a hearsay exception for the record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office. Additionally, a copy of an official record or of a document authorized by law to be recorded or filed that was actually recorded or filed in a public office and certified as correct by the custodian or other person authorized to make the certification is self-authenticating. Accordingly, the certified copy of the deed here would be admissible into evidence.
