Relevance v. Admissibility

Question 1

What must a party show to present lay witness testimony?

Answer 1

Lay witnesses may testify only if having personal knowledge of the matter, requiring that the party offering the testimony first lay the foundation for the witness’s factual basis. Witnesses must not guess, conjecture, or speculate.

Question 2

Who controls witness examination and how?

Answer 2

The court controls witness examination for truth, witness protection from harassment, and to avoid wasting time.

Question 3

What is the order of calling witnesses?

Answer 3

The party with the burden of proof, typically the prosecutor or plaintiff, calls witnesses in a case in chief followed by the opposing party calling witnesses in a case in chief and then each party calling any rebuttal witnesses.

Question 4

How does witness examination proceed?

Answer 4

The calling party direct examines with non-leading questions on any relevant matter, the opposing party cross-examines within the direct exam’s scope unless the court allows broader scope to save time, and rebuttal on new matters within the scope proceeds until finished.

Question 5

What is a leading question and when is it appropriate?

Answer 5

A leading question suggests the desired answer. It is appropriate only on cross-examination; on direct examination of a hostile or adverse witness; or when necessary to develop the testimony such as for qualifications or foundation.

Question 6

May a proponent use a writing to refresh a witness’s testimony? If so, then how?

Answer 6

A witness may use a writing to refresh memory while testifying or before testifying. The adverse party may inspect the writing, cross-examine the witness on it, and offer as evidence any portion relating to the testimony, although the court may inspect in camera and delete unrelated portions.

Question 7

What is relevant evidence?

Answer 7

Relevant evidence, admissible unless law provides otherwise, makes a material fact more probable or less probable than it would be without the evidence. Irrelevant evidence is inadmissible.

Question 8

When may a court exclude relevant evidence?

Answer 8

A court may exclude relevant evidence if:

• unfair prejudice,
• confusing the issues,
• misleading the jury,
• undue delay,
• wasting time, or
• needlessly cumulative evidence substantially outweighs the evidence’s probative value.

Question 9

_______ witnesses testify only on _________ knowledge, after the proponent lays the _______ basis, _____________. Witnesses must not guess, ____________

Answer 9

Lay

personal

factual

usually on the witness’s own testimony

conjecture, or speculate.

Question 10

The court controls witness examination for truth, witness protection from harassment, _____________.

Answer 10

and to avoid wasting time

Question 11

The party with the proof burden, ______________, calls witnesses _____________ followed by the opposing party calling witnesses _____________________

Answer 11

typically the prosecutor or plaintiff

in a case in chief

in a case in chief and then each party calling any rebuttal witnesses.

Question 12

The calling party direct examines_________________ on any relevant matter, the opposing party cross-examines within the direct exam’s scope ___________________.

Answer 12

with non-leading questions

unless the court allows broader scope to save time, and rebuttal on new matters within the scope proceeds until finished. ​

Question 13

A leading question suggests the desired answer, appropriate only on cross-examination or on direct exam of a hostile or adverse witness ____________________.

Answer 13

or when necessary to develop the testimony such as for qualifications or foundation.

Question 14

A witness may use a writing __________ while testifying, but the adverse party may inspect the writing, _________.

Answer 14

to refresh memory

cross-examine on it, and offer as evidence any portion relating to the testimony.

Question 15

Relevant evidence, admissible unless law provides otherwise, makes a material fact more probable ___________ than it would be without the evidence. Irrelevant evidence is inadmissible.

Answer 15

or less probable

Question 16

A court may exclude relevant evidence if unfair prejudice, __________________, undue delay, wasting time, or needlessly cumulative evidence __________outweighs the evidence’s probative value.

Answer 16

confusing the issues, misleading the jury

substantially

Question 17

Is evidence of liability insurance admissible in a negligence or other liability case?

Answer 17

A party may not offer evidence of liability insurance to prove whether the insured was negligent or otherwise culpable in conduct but may offer the evidence to prove witness bias or to prove agency, ownership, or control.

Question 18

May a party use subsequent remedial measures to prove fault?

Answer 18

When a civil-case defendant has taken subsequent remedial measures that would have made the plaintiff’s harm less likely, the plaintiff may not use that evidence to prove negligence or other culpable conduct.

Question 19

How may a party use subsequent remedial measures?

Answer 19

A party may use subsequent remedial measures for impeachment or to prove disputed ownership, control, or feasibility of the measures.

Question 20

May a party use settlement offers to prove liability?

Answer 20

A party may not use offers to compromise a disputed claim or pay medical or other expense from injury, or related promises, actions, or statements, to prove the claim or to impeach by prior inconsistent statement.

Question 21

How may a party use settlement offers?

Answer 21

A party may use offers to compromise to prove witness bias, refute a claim of undue delay, or prove obstruction of a criminal investigation or prosecution.

Question 22

Are statements in plea negotiations admissible?

Answer 22

Actions and statements made during negotiations in a criminal case are admissible, as are actions and statements made during negotiations with a public office over regulatory, investigative, or enforcement matters.

Question 23

Are pleas themselves admissible?

Answer 23

A prosecutor or plaintiff may not offer a withdrawn guilty plea, no-contest plea, or statement made during a plea proceeding or discussions, but may use other statements made during a plea proceeding or discussions that should be part of such statements already introduced.

Question 24

Are plea statements admissible to prove perjury?

Answer 24

A prosecutor may use statements made in pleas or other proceedings, to prove perjury or false statement, if defendant made the statement under oath on the record with counsel present.

Question 25

A party may not offer evidence of liability insurance ______________________________.

Answer 25

to prove whether the insured was negligent but may offer the evidence to prove witness bias or to prove agency, ownership, or control.

Question 26

When a civil-case defendant has taken subsequent remedial measures that would have made the plaintiff’s harm less likely, the plaintiff may not use that evidence ___________________________.

Answer 26

to prove negligence or other culpable conduct.

Question 27

A party may use subsequent remedial measures for impeachment or to prove disputed ownership, control, __________________________.

Answer 27

or feasibility of the measures.

Question 28

A party may not use offers to compromise a disputed claim or pay medical or similar expenses from injury, or related promises, actions, or statements, ________________________________.

Answer 28

to prove the claim or to impeach by prior inconsistent statement.

Question 29

A party may use offers to compromise to ______________, refute a claim of undue delay, or prove obstruction of a criminal investigation or prosecution.

Answer 29

prove witness bias

Question 30

Actions and statements made during negotiations in a criminal case are admissible, _______________________________.

Answer 30

as are actions and statements made during negotiations with a public office over regulatory, investigative, or enforcement matters.

Question 31

A prosecutor or plaintiff may not offer a withdrawn guilty plea, no-contest plea, ____________________________.

Answer 31

or statement made during a plea proceeding or discussions, but may use other statements made during a plea proceeding or discussions that should be part of such statements already introduced.

Question 32

A prosecutor may use statements made in pleas or other proceedings, to prove perjury or false statement, ______________________.

Answer 32

if defendant made the statement under oath on the record with counsel present.