Practice Set 2 Flashcards

1
Q

What types of evidence related to guilty pleas are not admissible against a civil or criminal defendant under FRE 410?

A
  1. Withdrawn guilty pleas
  2. No contest pleas
  3. Statements negotiating pleas
  4. Statements made during plea proceeding
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2
Q

When can statements made during pleas be admissible?

A
  1. When statements were already admitted + fairness requires rest to be admitted
  2. Defendant waives protection
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3
Q

What is an adoptive admission?

A

Statement of another person that a party expressly or impliedly adopts as his own

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4
Q

When is silence an adoptive admission?

A
  1. Present + heard + understood the statement;
  2. Ability + opportunity to deny the statement; AND
  3. Reasonable person similarly situated would have denied
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5
Q

When are juvenile adjudications admissible for impeaching truthfulness?

A
  1. Non-defendant witness
  2. Criminal case
  3. Would’ve been admissible if adult conviction
  4. Evidence necessary determine guilt / innocence
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6
Q

When are juvenile adjudications not admissible for impeaching truthfulness?

A
  1. Civil case

2. Against criminal defendant

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7
Q

When is a recorded recollection not hearsay under 803(5)?

A
  1. Matter the witness once knew but can’t remember
  2. Record made by the witness when the matter was fresh in memory; AND
  3. Accurately reflects the witness’s knowledge.
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8
Q

Distinguish confidential marital communication and spousal privilege

A

Confidential marital communications pertains to statements made b/w spouses during marriage
Spousal privilege pertains to spouses testifying against each other on the witness stand

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9
Q

What type of evidence is admissible if character is an essential element?

A
  1. Reputation
  2. Opinion
  3. Specific instances
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10
Q

When is the 804(b)(1) former testimony of an unavailable witness admissible?

A
  1. Given under oath

2. Other party had motive + opportunity to cross-examine

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11
Q

When is subsequent remedial measures admissible in general?

A
  1. Impeachment
  2. Ownership / control of cause of harm
  3. Feasibility of precautionary measures
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12
Q

When can extrinsic evidence of a witness’ prior inconsistent statement be introduced?

A

When (1) the witness is given the opportunity to explain or deny the statement, AND (2) the opposing party is given the opportunity to examine the witness about it

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13
Q

What are the elements of a dying declaration?

A
  1. Believes death is imminent

2. Pertains to circumstances that made death imminent

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14
Q

What makes the crime fraud exception defeat attorney client privilege?

A

The client’s knowledge that the communication is being used for criminal or fraudulent purpose - the attorney’s knowledge is irrelevant

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15
Q

What rules are used in federal diversity actions?

A
  1. Generally the FRE

2. State law if state substantive law is determinative of the claim or defense

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