Mnemonics Flashcards
Judicial notice is taken of indisputable facts when they are LMN. (Piper)
L – LEGISLATIVE facts
M – MANIFEST facts that are easily and quickly verifiable by referring to an indisputably accurate source
N – NOTORIOUS facts that are so commonly known within the court’s jurisdiction that it would waste the court’s time for a party to prove those facts
Relevant evidence can be excluded if its probative value is SOUP. (Piper)
S – SUBSTANTIALLY
O – OUTWEIGHED by its
U – UNFAIR
P – PREJUDICIAL effect on the jury
OPENS is closed out, even though it’s relevant. (Piper)
O – OFFERS of compromise (in civil cases)
P – Evidence protected by PRIVILEGE
E – Evidence pertaining to the EXISTENCE of liability insurance in a personal injury
case
N – A criminal defendant’s admissions in unsuccessful plea bargain NEGOTIATIONS
S – Evidence of SUBSEQUENT remedial repairs after an accident (in civil cases)
A witness must PURR before she can testify. (Piper)
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
The 4 “PRIORS” aren’t hearsay provided the declarant testifies. (Piper)
1 – PRIOR recorded recollection
2 – PRIOR out-of-court identification
3 – PRIOR consistent statement
4 – PRIOR inconsistent statement that was given under oath, subject to penalty of perjury, at a prior trial, hearing, or EBT
The judge looks to see whether the expert wears a CRAPE when deciding whether to admit the expert testimony. (Piper)
C – CONFIRMED by testing
R – REVIEWED by peers
A – Widely ACCEPTED theory in the profession
P – PUBLISHED
E – Potential rate of ERROR
No leading questions on direct, unless the witness is HAIRY. (Piper)
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. (Piper)
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. (Piper)
R – REPUTATION
I – Specific INSTANCES of prior conduct
P – W’s PERSONAL opinion
A MIMIC can introduce prior crimes, on direct exam. (Piper)
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. (Piper)
V – Prior VIC acts
C – Prior criminal CONVICTIONS, or
R – Bad REPUTATION for truthfulness in community
Hearsay is admissible for ARIES DWARFS. (Piper)
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. (Piper)
M – A party who lacks MEMORY of the incident in question
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
BRIBE K, and admit the listener’s state of mind. (Piper)
B – BELIEF
R – REASON
I – INTENT
B – BIAS
E – EMOTION
K – KNOWLEDGE
Offer the Business Records of Mr. TRUMP. (Piper)
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
