Practice Set 1 Flashcards
What does a trial judge generally decide?
Preliminary questions regarding the competency of evidence, including (1) the admissibility of evidence, (2) whether a privilege exists, and (3) whether a person is qualified to be a witness
What are the limitations for asking about specific instances of conduct to support character evidence?
- Probative value substantially > danger of unfair prejudice
- No good faith belief that misconduct occurred even if the misconduct in fact occurred
What is a limitation to a lay witness testifying about handwriting?
A lay witness cannot have become familiar with the handwriting for the purposes of the current litigation - in which case need an expert witness
When does the Best Evidence Rule apply?
Only when (1) the contents of a document are at issue OR (2) a witness is relying on the document when testifying
What purpose is a subsequent remedial measure not admissible?
- Prove negligence
- Culpable conduct
- Defective product / design, OR
- Need for warning or instruction
When is subsequent remedial measures admissible to prove fault?
- Remedial measure taken before plaintiff is injured
2. Remedial measures taken by 3d parties instead of the defendant
Is evidence generated by a machine or animal hearsay?
No, admissible even without qualifying under a hearsay exception
Are judgments of acquittal admissible in a subsequent proceeding?
No because it is an out-of-court statement of the court or jury that is offered for its truth - exception for judgments of conviction doesn’t apply to acquittals
When can settlement offers and negotiations be admissible?
When they are used to prove the bias or prejudice of a witness
When can defendants be impeached with prior convictions for crimes involving dishonesty or false statements?
- IF <10Y old, THEN any crime with dishonesty or false statement as an element can be introduced no matter how prejudicial
- IF >10Y old, THEN only admissible if (a) probative value substantially > prejudice, AND (b) give notice
