MBE Evidence Flashcards

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1
Q

The rule of completeness permits a party to compel what?

A

The introduction of a statement that in fairness should be considered at the same time as an admitted writing or recorded statement.

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2
Q

What are various forms of dead man’s statutes?

A

Excluding testimony of surviving parties to a contract or
Excluding testimony in general.
(Read the statute carefully)

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3
Q

Who cannot be excluded from the courtroom, generally?

A

A person whose presence is essential to the presentation of a party’s case, such as a police officer in charge of investigating a crime.

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4
Q

Name three non-essential witnesses

A

Eyewitness, a former co-defendant, or an officer who testifies as to chain of custody.

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5
Q

What is the one common thing that must be true about all admissible evidence?

A

It is relevant.

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6
Q

What is relevant?

A

It has a tendancy to make a fact more or less probable than it would be without the evidence AND the fact is a matter of consequence in determining the action.

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7
Q

Evidence of a defendant’s character is inadmissible in a civil case to prove that the defendant acted in conformity with that character trait unless

A

the defendant’s character is an essential element of a claim or defense.

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8
Q

What are the only types of cases in which a defendant can introduce evidence of a pertinent good character trait?

A

A criminal case.

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9
Q

Evidence of a juvenile adjudication is not admissible in what type of case?

A

A civil case.

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10
Q

When the relevance of evidence depends upon whether a fact exists, proof must be introduced sufficient to support what?

A

A finding that the fact does exists.

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11
Q

When can the court admit proposed evidence that is not clearly relevant?

A

When that evidence is conditioned that the proof be introduced later.

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12
Q

Reputation evidence must be relevant to what?

A

The character trait questioned by the crime charged.

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13
Q

Evidence cannot be admitted of a prior conviction to show what?

A

That a defendant committed the crime at issue.

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14
Q

Is impeachment by extrinsic evidence of a specific instance of conduct allowable?

A

No.

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