Testimonial Evidence Flashcards

1
Q

Witness credibility may be attacked using character evidence through:

A

1) reputation or 2) opinion testimony

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2
Q

when can evidence of truthful character be introduced?

A

after credibility has been first attacked

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3
Q

on cross, witness credibility may be attacked with specific instances of conduct if

A

1) specific instance regards truthfulness 2) good faith believe in misconduct and 3) it does not involve arrest or a consequence of an arrest

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4
Q

is extrinsic evidence of specific instances of conduct admissible?

A

no [job application is not admissible but witness can be asked about it]

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5
Q

felony OR misdemeanor convictions involving dishonesty is:

A

ALWAYS admissible to attack witness credibility (10 year restriction)

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6
Q

prior felonies not involving dishonesty are:

A

(crime punishable by death or +1 year admissible IF LEGALLY RELEVANT

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7
Q

if 10+ years have elapsed since conviction or release of ANY crime, the evidence is

A

subject to reverse legal relevance test; the party introducing must show the probative value of the conviction SUBSTANTIALLY outweighs the danger of unfair prejudice

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8
Q

evidence of prior conviction is NOT admissible if it was:

A

pardoned, annulled or later found innocent

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9
Q

witness credibility may be attacked by introducing:

A

prior inconsistent statements

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10
Q

when can extrinsic evidence be introduced (prior inconsistent statement of witness)

A

if the witness is given an opportunity to EXPLAIN OR DENY the prior inconsistent statement

but CANNOT BE USED regarding a collateral matter (irrelevant)

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11
Q

witness credibility can be attacked by showing the witness has a deficiency in:

A

ability to perceive, recall or relate information that is NOT collateral

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12
Q

when a hearsay statement has been admitted in evidence, declarant’s credibility may be attacked, and then supported by:

A

any evidence that would be admissible for those purposes if the declarant had testified as a witness

court may admit evidence of inconsistent statement or conduct regardless of when it occurred or declarants opportunity to explain or deny. If the party against whom the statement was admitted calls the declarant as witness, they can examine as if on cross

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13
Q

lay witnesses are presumed

A

competent unless proven otherwise – mental competence goes to WEIGHT OF EVIDENCE not admissibility

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14
Q

lay witness opinion testimony must:

A

1) be rationally based on witness perception, 2) helpful to clearly understanding witness testimony or to determining a fact in issue and 3) NOT based on science technical or special knowledge

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15
Q

expert witness testimony must:

A

1) be qualified by possessing sufficient knowledge, skill, experience training or education 2) their knowledge will help the trier of fact, 3) based on sufficient facts or data 4) product of reliable principles and methods and 4) expert has reliably applied the principals and methods

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16
Q

expert opinion may give an opinion regarding an ultimate issue but CANNOT:

A

give opinion as to D’s requisite mental state for the crime charged [this decision is intended for the jury]

17
Q

spousal immunity:

A

a witness in a VALID marriage may refuse to testify against spouse in ANY CRIMINAL PROCEEDING (grand jury included)

in majority of states, spouse holds privilege and can choose whether or not

18
Q

confidential marital communications are privileged if:

A

1) made DURING course of a valid marriage and 2) intended to be confidential (pillow talk)

HELD BY BOTH SPOUSES, applies to BOTH CRIMINAL AND CIVIL and extends beyond marriage

19
Q

communications between atty and client or a person SEEKING to become a client are privileged if communications were:

A

1)made to facilitate legal services and 2)intended to be confidential

20
Q

if client is a corporation, atty-client privilege is:

A

some states limited to control group members (directors and officers), but federal law extends to non-control if communicatioing to seek legal advice for the corporation

21
Q

atty-client prevailed does NOT apply when:

A

1) in furtherance of a crime or fraud 2) litigation dispute between attorney and client or 3) co-clients are later adverse parties involved in civil litgation against each other

22
Q

until when does client hold atty-client privilege?

A

until they waive it (even after death)..

intentional disclosure of confidential communications to a third party is waiver, but inadvertent disclosure does NOT waive privilege if client took REASONABLE STEPS to prevent and rectify disclosure