MBE-Evidence Flashcards
1
Q
Authentication of xrays, EKGs, etc.
A
Accurate process used, machine used was working properly + operator of machine qualified; chain of custody must also be established
2
Q
Handwriting verification can be done by either:
A
- comparison by expert W or trier of fact (same for fingerprints, cloth fibers, hair), or
- lay W w/ personal knowledge of handwriting, so long as dn become familiar for purpose of litigation (voice ok if familiar for purpose of lit)
3
Q
Statements made during civil settlement negotiations admissible only for:
A
- showing bias or prejudice, negating contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution
- cannot be used as impeachment w/ prior inconsistent sttmt
4
Q
If W’s memory cn be refreshed, recorded recollection may be read into evidence if:
A
- record on matter that W once knew
- record made or adopted by W when matter fresh in memory
- record accurately reflects W’s knowledge
5
Q
Biz records admissible under hearsay exception if…
A
- prepared in course of regularly conducted biz activity
- made at or near time by (or from info transmitted by) someone w/ knowledge
- custodian of record or other qualified W can authenticate, or self-authenticated if properly certified
- source of info/circs of preparation dn indicate lack of trustworthiness (ie: anticipation of litigation)
6
Q
Public records admissible under hearsay exception where sets out…
A
- activities of office/agency
- observation of person under duty to report it (but not PO in criminal case) OR
- factual findings of legal investigation in civil case or against govt in criminal case
*lack of trustworthiness exception
7
Q
Character Evidence: Specific Instances Not Convictions
A
- civil cases where directly in issue (defamation, negligent entrust/hiring, child custody)
- impeach character W in civil/criminal (but no extrinsic evidence)
- V in sex criminal case (limited)
