testimonial evidence

Question 1

witness competency qualifications

Answer 1

1) personal knowledge
2) memory
3) communication
4) sincerity

Question 2

present recollection refreshed

Answer 2

use of documents to refresh W’s memory during testimony

document is NOT read into evidence

Question 3

recorded recollection

Answer 3

contents of a record/document W previously made or adopted is read into evidence

Question 4

recorded recollection requirements

Answer 4

1) W once had knowledge of record’s subject matter
2) W’s memory is insufficient to testify as to record’s contents
3) record was made/adopted by W when the matter was still fresh in W’s memory
4) record accurately reflects W’s knowledge

Question 5

form of question objections

Answer 5

1) calls for narrative
2) leading
3) assumes fact not in evidence
4) argumentative
5) compound
6) beyond scope of direct

Question 6

lay opinion requirements

Answer 6

opinion testimony is admissible if it is:
1) rationally based
2) helpful to trier of fact
3) not expert

e.g., speed of a car, emotional state of an individual, voice/handwriting recognition

Question 7

expert opinion requirements

Answer 7

1) helpful
2) qualified
3) reasonable certainty
4) proper factual basis
5) reliable principals reasonably relied upon

Question 8

scope of expert opinion

Answer 8

experts may render an opinion on any ultimate legal issue EXCEPT cannot give opinion on D’s mental state in a criminal trial if it is an element of a crime or defense