NY BAR REVIEW EVIDENCE 1

Question 1

relevant evidence

Answer 1

admissible evidence

Question 2

exceptions / exclusions

Answer 2

5

Question 3

hearsay evidence

Answer 3

admit statement outside current trial offering to prove the statement is true
truth of the matter asserted in the statement

Question 4

character evidence

Answer 4

prove someone has propensity to behave in a certain way

Question 5

socially valuable relationships

Answer 5

certain ones we exclude in order to protect

Question 6

privilege rules

Answer 6

attorney and client

Question 7

socially valuable activities

Answer 7

plea negotiations

Question 8

probative value of evidence

Answer 8

substantially outweighed by risk of misleading or confusing jury or wasting time

Question 9

participants in trial

Answer 9

lawyer, judge, witness - expert and lay

Question 10

federal rules of evidence

Answer 10

codified

Question 11

ny rules of evidence

Answer 11

not codified, case law, statutes , common law

Question 12

hearsay evidence

Answer 12

statement made outside current trial that is being offered to show that words in statement are true

Question 13

cross examination

Answer 13

get to the truth

Question 14

hearsay in trial

Answer 14

not able to cross-examine

increases risk of conviction based on unreliable evidence

Question 15

4 hearsay exceptions in ny

Answer 15

admissions by party through agent
business records
present sense impression
former testimony

Question 16

admissions by a party

Answer 16

ny - admission is exception, not exemption

Question 17

statement of a party’s agent

Answer 17

ny- admissible when agent making statement is AUTHORIZED to make it on BEHALF of that employee’s authority
fed- agent makes statement and WITHIN HIS SCOPE OF EMPLOYMENT

Question 18

present sense impression

Answer 18

exception

descriptions of event made by person who’s perceiving it as it’s unfolding

Question 19

time lag bw event and description of present sense impression

Answer 19

ny is stricter than federal

ny has CORROBORATION requirement that federal DOESN’T have

Question 20

time between event and description

Answer 20

marginal time lag ONLY allowed

doesn’t apply if event came to an END

Question 21

Corroboration

Answer 21

independent verification of declarant’s description of events

Question 22

business records

Answer 22

copies, electronic records, hospital records

Question 23

business records

Answer 23

if made in regular course of business
at same time or reasonable time thereafter of the event
part of duty of person or persons who’s duty to impart the information

Question 24

copy of business record

Answer 24

admitted if was made in regular course of business

Question 25

electronic record

Answer 25

same force and effect as non electronic record

in form of printout

Question 26

hospital record

Answer 26

when reflect act occurrence event that relates to diagnosis, prognosis, treatment, or surgical needs for patient’s hospital stay
doesn’t include history of patience or details of how occurred, if not useful for PURPOSE of diagnosis or treatment

Question 27

former testimony

Answer 27

when declarant is unavailable

ny applies differently in civil and criminal cases

Question 28

former testimony application in civil

Answer 28

prior trial same action
prior trial same parties and subject matter
and offered against party who had opportunity at that proceeding to cross examine witness

Question 29

UNAVAILABLE federal CIVIL

Answer 29

exempt bc claims privilege
refuses to testify
testifies to lack of memory
not present due to death or illness / infirmity
absence whose presence cannot be attained by reasonable means

Question 30

UNAVAILABLE ny CIVIL

Answer 30

NOT because refuses to testify
NOT because testifies to lack of memory
age
imprisonment
diligent effort NOT reasonable means
100 miles or out of state
circumstances that justify