Presentation of evidence

Question 1

Introduction of evidence: refreshing recollection

Answer 1

If a W’s memory fails him, he may be shown a document or record to jog his memory

Question 2

Introduction of evidence: competency of Ws

Answer 2

every W generally presumed competent regardless of religious beliefs, bias, etc.

Question 3

Introduction of evidence: judicial notice

Answer 3

The court may judicially notice a fact that is not subject to reasonable dispute because it is generally known within the jdx or it can be accurately and readily determined from sources whose accuracy cannot be questioned

Question 4

Introduction of evidence: roles of judge and jury

Answer 4

Judge decides if evidence is admissible

Jury decides issues of authentication + credibility

Question 5

Introduction of evidence: limited admissibility

Answer 5

Sometimes evidence is admissible for one purpose and not another —- means court may give a limiting instruction to the jury

Question 6

Presumptions

Answer 6

Certain fact is assumed to be true unless the other side provides evidence to the contrary

-civil = presumption can shift the BOP to the party against whom the presumption is directed but the burden of persuasion is not affected and it remains on the party who had it originally

Question 7

Mode and Order: cross examination

Answer 7

should only cover matters within the scope of direct examination and matters affecting credibility

Question 8

Mode and Order: leading questions

Answer 8

Questions that suggest an answer are permitted on cross examination

• Only allowed on direct exam to:
  1. develop preliminary matters
  2. for young/foregetful Ws; or
  3. hostile Ws or adverse party

Court has reasonable control over the mode and order of questioning Ws