MISSED PQs (Evidence)

Question 1

Answer 1

RULE: A witness may refer to collateral documents (i.e., docs that have no probative value for the issues in the trial) without providing the docs themselves.

ANSWER: The judge should deny the motion on the ground that a witness may refer to collateral docs without providing the docs themselves.

ANALYSIS: Here, the witness is not attempting to prove the contents of the newspaper article. Instead, he is testifying about the date of the conversation. Because the newspaper is collateral, it need not be produced.

*NOTE: While the statement in the newspaper would be hearsay, the witness is not trying to introduce any statement or any content of the paper!

Question 2

If a privileged communication (e.g., one protected by Atty-CL Privilege) was disclosed in a State Court proceeding and is later offered as evidence in a Federal Court proceeding, what will the Federal Court do?

Answer 2

the Federal Court will…

review the federal rules AND the law of the State where disclosure occurred → then, Fed Court will apply WHICHEVER gives MORE PROTECTION

Question 3

What’s the Federal Rule for when a privileged communication is disclosed?

Answer 3

Under Federal Rules, when a privileged communication is disclosed, this…

→ operates as a WAIVER of the privilege – UNLESS (is NOT waived if…):

1) the disclosure was inadvertent;
2) the privilege holder took reasonable steps to prevent disclosure; AND
3) the privilege holder promptly took reasonable steps to rectify the error

Question 4

What are the qualifications of an expert witness?

Who decides whether an expert witness meets these qualifications?

Answer 4

qualifications of an expert witness → whether he has specialized knowledge, skill, experience, education, or training in a relevant subject

the JUDGE decides whether someone qualifies as an expert witness

Question 5

H/E: Former Testimony

Answer 5

HEARSAY EXCEPTION: a declarant’s Former Testimony is admissible IF…

1. the Declarant is currently unavailable (e.g., deceased);
2. the Former Testimony was given at a trial, hearing, or deposition in the current case OR a diff. proceeding that involved similar parties and issues; AND
3. the party against whom the testimony is offered had an opportunity AND similar motive to develop that testimony through direct- OR cross-examination of the declarant

Question 6

H/E: Present Sense Impression

Answer 6

HEARSAY EXCEPTION: a declarant’s present sense impression IS admissible

“present sense impression” = statement describing an event or condition made while OR immediately after the declarant perceived it

Question 7

For hearsay that’s admissible by exception, does the declarant have to be available to testify in order to have his character impeached?

Answer 7

= no, the declarant’s character can be impeached even though he isn’t there and his declaration is being recounted by a testifying Witness

Question 8

When in someone’s juvenile adjudication admissible as evidence?

Answer 8

someone’s juvenile adjudication is admissible to attack a witness’s character for truthfulness ONLY IF…

1. evidence of the adjudication is offered in a CRIMINAL case against a witness who’s NOT the Defendant;
2. an adult’s conviction for that offense would be admissible to attack the witness’s credibility; AND
3. admitting the evidence is necessary to fairly determine guilt / innocence (e.g., when a full evaluation of the witness’s credibility is essential to a fair outcome)