TESTIMONIAL EVIDENCE

Question 1

PRESENT RECOLLECTION REVIVED

Answer 1

may use writing or thing for the purpose of refreshing present recollection
testimony= present recollection
adverse party may introduce writing into evidence after witness has refreshed recollection while on the stand

Question 2

RECOLLECTION RECORDED

Answer 2

insuffficient recollection to testify
may read record itself into evidence
foundation must include:
- personal knowledge of witness
- record made by the witness or adopted by witness or made under her direction
- timely made record
- accurately reflects witness's knowledge
- insufficient recollection to testify

Question 3

OPINION TESTIMONY- LAY WITNESS

Answer 3

generally inadmissible
admissible when:
1. based on the perception of the witness
2. helpful to a clear understanding of her testimony or to the determination of a fact in issue
3. not based on scientific, technical or other specialized knowledge.
- situations:
general appearance or condition of a person
state of emotion
matters involving sense recognition
voice or handwriting ID
speed of moving object
value of own services
rational or irrational nature of another’s conduct
intoxication

Question 4

OPINION TESTIMONY- EXPERT WITNESS

Answer 4

relevance and reliability
qualified as an expert
must possess reasonable probability regarding opinion
opinion must be supported by a factual basis

Question 5

DAUBERT

Answer 5

scientific theory or technique:
tested
subject to peer review and publication
known or potential error rate
existence and maintenance of standards controlling operation
general acceptance in the scientific community