Practice Set 3

Question 1

What type of evidence does the best evidence rule apply to?

Answer 1

1. Writing
2. Recording
3. Photograph
4. Electronic documents, x-rays, videos

Question 2

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

Answer 2

1. Witness given opportunity to explain / deny statement; AND
2. Opposing party has opportunity to examine witness about it

Question 3

When are preliminary matters to be considered outside the presence of the jury?

Answer 3

1. Involves the admissibility of confessions
2. A criminal defendant witness requests it, OR
3. When justice requires it

Question 4

How are X-ray images, electrocardiograms, and similar items are physical representations of things that cannot otherwise be seen authenticated?

Answer 4

1. Shown that an accurate process was used
2. The machine used was working properly, AND
3. The operator of the machine was qualified to operate it

Question 5

When can a duplicate be admissible?

Answer 5

1. Produced by a process that accurately produces the original AND
2. No genuine question as to authenticity of the original

Question 6

What is the standard that a court uses to determine whether there is enough evidence for a piece of evidence to be admissible?

Answer 6

The court must (1) examine all of the evidence and (2) decide whether the jury could reasonably find the conditional fact by a preponderance of the evidence

Question 7

When is a settlement offer not admissible?

Answer 7

When establishing validity of the claim or damages

Evidence of acceptance of offer is not admissible either