MBE Evidence Flashcards
The rule of completeness permits a party to compel what?
The introduction of a statement that in fairness should be considered at the same time as an admitted writing or recorded statement.
What are various forms of dead man’s statutes?
Excluding testimony of surviving parties to a contract or
Excluding testimony in general.
(Read the statute carefully)
Who cannot be excluded from the courtroom, generally?
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.
Name three non-essential witnesses
Eyewitness, a former co-defendant, or an officer who testifies as to chain of custody.
What is the one common thing that must be true about all admissible evidence?
It is relevant.
What is relevant?
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.
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
the defendant’s character is an essential element of a claim or defense.
What are the only types of cases in which a defendant can introduce evidence of a pertinent good character trait?
A criminal case.
Evidence of a juvenile adjudication is not admissible in what type of case?
A civil case.
When the relevance of evidence depends upon whether a fact exists, proof must be introduced sufficient to support what?
A finding that the fact does exists.
When can the court admit proposed evidence that is not clearly relevant?
When that evidence is conditioned that the proof be introduced later.
Reputation evidence must be relevant to what?
The character trait questioned by the crime charged.
Evidence cannot be admitted of a prior conviction to show what?
That a defendant committed the crime at issue.
Is impeachment by extrinsic evidence of a specific instance of conduct allowable?
No.
