Memory Palace and Mnemonics Flashcards
General rule: prior bad acts cannot be used to prove that on a certain occasion an actor acted in accordance with that character. Except for (MIMIC)+
Motive, Intent, Mistake (or lack thereof), Identity, or Common scheme or plan (including preparation).
When the declarant SAILS away.. and is unavailable
S- Declarants States a claim for privilege, A- Absent from the jurisdiction, I- Ill or dead, L-Lacks memory, or S- Stubbornly refuses to testify.
A judge doesn’t have to admit M-CUP evidence:
M – Evidence MISLEADING or confusing to the jury
C – CUMULATIVE evidence to prove facts already established
U – Evidence that would cause UNDUE delay (too time consuming)
P – It would have an “unfair” PREJUDICIAL effect on the jury (“SOUP”) Relevant evidence can be excluded if its probative value is SOUP:
S – SUBSTANTIALLY
O – OUTWEIGHED by its
U – UNFAIR
P – PREJUDICIAL effect on the jury
OPENS is closed out, even though it’s relevant:
O – OFFERS of compromise (in civil cases)
P – Evidence protected by PRIVILEGE
E – Evidence of EXISTENCE of liability insurance in a personal injury case
N – A criminal defendant’s admissions in plea bargain NEGOTIATIONS
S – Evidence of SUBSEQUENT remedial repairs after an accident (in civil cases)
A witness must PURR before she can testify:
P – PERSONALLY perceived the event; except for a witess’s expert testimony
U – UNDERSTAND and take the oath or affirmation
R – REMEMBER the event
R – Be able to RECALL the event on stand
) A witness can be impeached with prior convictions, as well as prior VIC acts for which she was
not convicted:
V – VICIOUS acts
I – IMMORAL acts
C – CRIMINAL acts
The 4 “PRIORS” aren’t hearsay provided the declarant testifies:
PRIOR recorded recollection PRIOR out-of-court identification PRIOR consistent statement PRIOR inconsistent statement that was given under oath, subject to penalty of perjury, at a prior trial, hearing, or EBT
NON FLIPS are self-authenticating documents:
N – NEWSPAPER and periodicals
O – OFFICIAL publications issued by public authority
N – NOTARIZED/acknowledged documents (except wills), where the signer appeared before a notary, swore to truth of its content, and acknowledged execution
F – FOREIGN public records, if the custodian’s signature is certified by the U.S. Embassy
L – Products identifiable by LABEL, tag, or trademark affixed in the reg course of business
I – Negotiable INSTRUMENTS and commercial paper
P – Copies of PUBLIC documents or records, certified by the clerk of the agency or court that oversaw its custody
S – Documents with a government SEAL
An original document may be replaced by A DOPE when
A – Its content was ADMITTED by party against whom it’s being offered
D – DESTROYED or lost document
O – The original is OUTSIDE the court’s subpoena jurisdiction
P – PUBLIC record
E – The original is under the EXCLUSIVE possession of the opposing party
The judge looks to see whether the expert wears a CRAPE when deciding whether to admit the
expert testimony:
C – CONFIRMED by testing R – REVIEWED by peers A – Widely ACCEPTED theory in the profession P – PUBLISHED E – Potential rate of ERROR
) Confidential privileges are CHIMP’S RAP:
C – CLERGY privilege
H – HUSBAND-WIFE privilege and spousal testimonial privilege
I – Privilege against self-INCRIMINATION (under the 5th & 14th Amendments)
M – M.D./PATIENT privilege
P – Ph.D./PSYCHOLOGIST privilege, which NY protects in the same manner as AC privilege
S – Certified SOCIAL worker privilege
R – RAPE crisis counselor’s privilege (NY, not in Federal Courts)
A – ATTORNEY-CLIENT privilege
P – PRESS privilege
No leading questions on direct, unless the witness is HAIRY:
H – HOSTILE, unwilling, or biased
A – An ADVERSE party
I – IDENTIFIED/associated with an adverse party
R – Unable to RECALL facts and so recollection needs refreshing
Y – Very YOUNG or old with a communication problem
Use a CRIB PIC to impeach a witness:
C – Impeachment by CONTRADICTION
R – W’s bad REPUTATION in the community for truthfulness
I – W’s prior VIC acts (vicious, IMMORAL, or criminal)
B – W’s BIAS
P – W’s PRIOR inconsistent statement
I – INFLUENCE of drugs or alcohol on W
C – Prior criminal CONVICTIONS of W
RIP character evidence is admissible when a W’s character or trait of character is an essential
element in a crime, civil claim, or defense:
R – REPUTATION
I – Specific INSTANCES of prior conduct
P – W’s PERSONAL opinion
A MIMIC can introduce prior crimes, on direct exam:
M – To show D’s MOTIVE for committing crime
I – To show D’s specific INTENT or guilty knowledge
M – To show absence of MISTAKE or accident
I – To IDENTIFY D as perpetrator
C – To establish a COMMON PLAN or scheme
A witness’s truthful character is admissible when attacked by a VCR:
V – Prior VIC acts
C – Prior criminal CONVICTIONS, or
R – Bad REPUTATION for truthfulness in community
Hearsay is admissible for ARIES DWARFS:
A – ADMISSIONS of an opposing party R – Business or public RECORDS I – Present sense IMPRESSION E – EXCITED utterance S – Declarant’s existing STATE of mind D – DYING declaration W – WITNESS tampering (Intimidated Witness Rule) A – Declaration AGAINST interest R – RESIDUAL hearsay exception F – FORMER testimony S – Pedigree STATEMENTS of personal history
The six DWARFS can only be let into court by an unavailable MR. POD:
6 DWARFS D – DYING declaration; W – WITNESS tampering (Intimidated Witness Rule); A – Declaration; AGAINST interest; R – RESIDUAL hearsay exception
F – FORMER testimony; S – Pedigree STATEMENTS of personal history
MR. POD
M – A party who lacks MEMORY of the incident
R – A party who REFUSES to testify, even when ordered to do so by the court
P – A party who invokes a PRIVILEGE
O – A party OUTSIDE the court’s subpoena power
D – A party who is DEAD or too sick to come to court
Offer the Business Records of Mr. TRUMP:
T – Record must have been TIMELY made “at or near” the time of the matter recorded
R – It must have been the habitual, ROUTINE, regular practice of that business to
systematically make and keep such a record
U – Out-of-court declarant must have been UNDER a duty to supply information for the record,
unless the statement falls into another hearsay exception, in which case the statement would
be admitted, provided the other 4 TRUMP elements are satisfied (“hearsay w/in hearsay”)
M – The record was MADE and the info was kept as part of the regular practice of that
business; AND
P – Business records must identify the source of the info, and the person supplying info
for the record must have had PERSONAL knowledge of the matter recorded
Declarations against interest require P(3)UMP:
P – that the OOC declarant knowingly made statement against declarant’s own 3P interest:P – PENAL interest
P – PECUNIARY interest ($) P – PROPRIETARY interest
U – that the OOC declaration was made by person who is MR. POD UNAVAILABLE at trial
M – that when the declaration was made, the declarant had no MOTIVE to misrepresent the facts;
AND
P – that the declarant had PERSONAL knowledge of facts asserted
Non-testimonial BEAD hearsay is admissible against the criminal defendant:
B – BUSINESS records
E – EXCITED utterance
A – ADMISSION by co-conspirator made during and in furtherance of the conspiracy
D – DYING declaration
