NY BAR REVIEW EVIDENCE 3

Question 1

privileges

Answer 1

socially valuable

confident that communications will be confidential

Question 2

socially valuable

Answer 2

atty client
psychologist patient
doctor patient
spousal

Question 3

atty client

Answer 3

protects confidential communication made for purpose of seeking legal advice and directed to atty who’s been consulted for that purpose

render legal advice or services in course of professional relationship

Question 4

client confidentiality

Answer 4

reasonable expectation of privacy under the circumstances

Question 5

eavesdropper

Answer 5

privilege still applies
eavesdropper cannot testify
doesn’t negate intent of client to keep confidential

Question 6

third party with client

Answer 6

facilitates communication - communication privileged

Question 7

client, in atty-client privilege context includes

Answer 7

corporations

Question 8

psychologist patient

Answer 8

registered psych and client - same protection as atty client
NOT PSYCHIATRIST
NOT SOCIAL WORKER

Question 9

PSYCHIATRIST

SOCIAL WORKER - federal

Answer 9

YES

Question 10

physician patient

Answer 10

doctor
nurse
dentist
podiatrist
chiropractor
all assistants

Question 11

doctor patient privilege in federal

Answer 11

NONE

Question 12

physician patient definition

Answer 12

attending in a professional capacity - treatment or diagnosis of patient
information has to be necessary for doctor to action that capacity, for diagnosis or treatment

observation and communication- ONLY such that requires expert professional knowledge

Question 13

spousal / marital communication privilege

Answer 13

any confidential communication made during marriage, even if marriage is now over.
civil and criminal
ONLY communications
NOT observations

Question 14

non testifying spouse

Answer 14

CONTROLS the privilege

Question 15

spouse immunity / testimony in ny

Answer 15

NONE

Question 16

criminal in ny - spousal immunity

Answer 16

spouse CANNOT refuse to testify on grounds that are married

Question 17

witness competency

Answer 17

admissible only if competent

Question 18

adultery in ny

Answer 18

ny - adultery - spuses cannot testify against each other

testify only to prove the marriage, prove the adultery, or disprove defense that was preseneted

Question 19

civil trial ny about a deceased or mentally ill

Answer 19

interested CANNOT testify on own behalf

Question 20

adultery in ny

Answer 20

ny - adultery - spouses cannot testify against each other

testify only to prove the marriage, prove the adultery, or disprove defense that was presented

Question 21

civil trial ny about a deceased or mentally ill

Answer 21

interested CANNOT testify on own behalf

Question 22

DEAD MAN STATUTE

Answer 22

death or mental illness seals lips of party to a transaction

adversarial balance is achieved by sealing the lips of the surviving party

Question 23

under 9 in ny - competency

Answer 23

NOT - rebuttable presumption

rebut - must understand nature of the oath

Question 24

understanding an oath

Answer 24

truth v. lie
need for telling the truth
false testimony may be punished

Question 25

witness with a criminal conviction- competency

Answer 25

YES

Question 26

impeach my own witness - federal

Answer 26

YES

Question 27

impeach my own witness - ny

Answer 27

NO

Question 28

opponent tries to impeach my competent witness - ny

Answer 28

prior inconsistent statement made in writing subscribed by the witness
or witness made it while under oath
or witness’ prior crimes - felonies , misdemeanors
if witness denies it - can present extrinsic evidence of conviction

Question 29

traffic infraction
juvenile adjudication
arrests
indictments

Answer 29

NOT crimes

Question 30

ny hasnt codified

Answer 30

old crime new crime
misdemeanor felony
crimes of dishonesty and not of dishonesty

Question 31

pretrial ruling

Answer 31

examine probative value credibility v. risk of unfair prejudice to defendant

Question 32

prior convictions in ny

Answer 32

less relevant to credibility when lapse of time bw prior crime and charged crime
prior conviction was impulsive violence, seldom has any logical bearing on defendant’s credibility at time of trial
crimes occasioned by addiction to drug or alcohol

Question 33

unfair prejudice risk- prior conviction similar to current trial

Answer 33

difficult for jury not to consider prior conviction , even if we give a limiting instruction

Question 34

effect on fact finding process

Answer 34

doesn’t testify out of fear that impeachment material/ conviction will be used for
other than reason for assessing credibility

Question 35

REPUTATION ONLY

Answer 35

NO OPINION - character evidence

Question 36

federal

Answer 36

specific acts probative of truthfulness

Question 37

ny jury

Answer 37

lie on witness stand / criminal vicious immoral acts

advancement of self interest ahead of principal or interests of society

Question 38

criminal - advance ruling

Answer 38

which ones prosecution can cross examine him with

Question 39

expert testimony ny

Answer 39

conclusions depend on SPECIALIZED professional or scientific knowledge or skill not within ordinary training and intelligence. if YES, jury can do by itself , no need for expert

Question 40

novel scientific evidence federal

Answer 40

daubert

Question 41

novel scientific evidence ny

Answer 41

FRYE v US 1922

whether scientific techniques when properly performed produce results generally accepted in scientific community / votes