Presentation of Evidence

Question 1

How can a witnesses reputation OR opinion testimony about a criminal Def. good character be impeached? (2)

Answer 1

1. Cross examing the witness about a specific instance of conduct by the D.
   OR
2. presenting opposing reputation or opnion testimony by another’s witness.

Question 2

When can a past recollection recorded be read into evidence ? (3)

Answer 2

1. the witness once knew the recorded info, but cannot recall it at trial.
2. the witness made or adopted the record when the matter was fresh in his/her mind.
   AND
3. the record accuratley reflects the W’s personal knowledge at the time.

Question 3

What is the bursting bubble approach to presumptions and when does it apply?

Answer 3

Under the bursting bubble approach the bubble bursts when the opp. party in a civil case produces sufficient evidence to contradict the presumed fact.

The fact finder must then weigh the evidence to decide the issue.

Question 4

How long after a conviction/release from incarceration a witness can be impeached for a criminal conviction?

Answer 4

If more than 10 years gave passed since the conviction or release from inarceration, unless its probative value substantially outweighs its prejudical effect.

Question 5

May a judge testify at a trail over which they are presiding?

Answer 5

No, even if that testimony pertains to otherwise admissible evidence.