MEE Flashcards
Relevance:
Evidence that has any tendency to prove or disprove a fact of consequence.
Therefore, any relevant evidence is admissible unless another rule of evidence excludes it.
Relevant - Matter of Public Policy:
The rules of evidence do not allow admission of evidence that is part of plea agreements in order to promote participation in plea negotiations.
Plea Negotiations:
Anything discussed within plea negotiations is not admissible in any other related or unrelated claims, with a narrow exception not relevant here.
A guilty plea would have allowed the admission of evidence, but a withdrawn guilty plea falls under the negotiations exception and is thus not admissible.
Hearsay:
An out of court statement brought for the truth of the matter asserted, that is the intent to prove that what was said where the facts as they happened.
Hearsay Exception - Prior Testimony of an Unavailable Declarant:
Hearsay may be admitted if it falls under certain exceptions, such as prior testimony of an unavailable declarant.
If the person who made the statement, that is the declarant, is not available to testify, because of death, illness, unwillingness, a person may use their hearsay statements made while giving testimony under oath.
Character Evidence:
The rules of evidence do not allow character to be used to show propensity, it may not show that because Defendant acted on way in the past, he/she acted the same way in this case.
Character is shown through opinion, reputations, or specific acts of conduct.
Defendant is limited only to questioning the Plaintiff as to these specific acts of conduct, they are not allowed to bring extrinsic evidence to prove he/she committed these acts.
In a criminal case, character evidence may be admissible for other limited purposes such as to prove a defendant’s (motive, intent, or plan) or to show that there was an opportunity or absence of mistake.
Undue Prejudicial Effect:
Even if the evidence is admissible, it may be excluded if the prejudicial effect it would have on the jury substantially outweighs its probative value.
Witness Credibility:
An exception has been made for the character for truthfulness of witnesses because it is considered highly probative as to the witnesses’ credibility.
Judicial Notice:
When a party requests that the court take judicial notice of an adjudicative fact, the opposing party has a right to be heard.
When the party requests an opportunity to be heard, the court “must” give the party opposing the judicial notice an opportunity to be heard.
A party can request the court to take judicial notice of an adjudicative fact that is either:
(a) commonly known fact in the jurisdiction
(b) a readily ascertainable and verifiable fact from a trusted or accurate source.
When the court takes judicial notice in a civil trial, it must instruct the jury that it “must” accept the fact as true.
