M.C. wrong answers

Question 1

Liability insurance:

Answer 1

Can’t be used to prove NEGLIGENCE or ability to pay. (if you bought a bunch of insurance and place burns down, can be used to prove motive)

Question 2

Admission of recorded recollection into evidence

Answer 2

1) witness had personal knowledge at time of writing 2) writing was made by witness or under her direction 3) writing was made when it was fresh in the mind 4) writing is accurate (witness vouches for it) 5) witness has insufficient memory to testify fully/accurately. CAN ONLY BE READ INTO EVIDENCE unless opposing party admits it into evidence

Question 3

vicarious admission of co-conspirator:

Answer 3

Must be admission by one conspirator during the conspiracy that was made in furtherance of the commission of the crime

Question 4

What do you ALWAYS have to discuss for essays?

Answer 4

RELEVANCE and PROP 8 FOR CRIM trials

Question 5

Relevance analysis in essay:

Answer 5

Logical relevance = evidence having any tendency to make the existence of any disputed fact that is of consequence to the determinatino of the action more/less probable than without the evidence
legal=probative value not substantially outweighed by UNFAIR prejudice, confusion of issues, misleading jury, undue delay, waste of time, cumulative evidence