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Evidence > Types of evidence > Flashcards

Types of evidence Flashcards

1
Q

2 main sources of evidence

A
  1. witness: A person who provides evidence in the form of in court testimony or our of court statement

2: real evidence: A writing or other tangible item

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2
Q

Judicial Notice allows the courts to…

A

assume the evidence of facts when those facts are well known and indisposable

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3
Q

Rule 601: Competency to testify in general

Who is competent to be a witness?

A

EVERYONE, unless a rule provides otherwise

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4
Q

3 requirements for a witness

A
  1. Competency
  2. Personal Knowledge
  3. Oath of affirmative
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5
Q

Just because someone is qualified to testify does not mean that

A

what they say is believable

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6
Q

When state law determines the requirements of a witness

A
  • always in civil court
  • sometimes in federal court
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7
Q

“Dead Man Act”

A

makes incompetent, a party proposing to testify about a conversation or other transaction with a person now deceased when that testimony is offered against the estate of the deceased

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8
Q

Rule 601 requires the application of state competency law when 3 conditions are satisfied:

A

1: The issue arises in a civil action or proceeding;
2. It concerns an element of a claim or defense;
AND
3. THe claim or defense is one as to which state law supplies the applicable substantive rule

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9
Q

In a civil action brought in federal court’s diversity jurisdiction, what competency law is used?

A

The competency law of the state in which that federal court is is applicable

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10
Q

Rule 605: Judges Competency as a witness

A

Judges may not testify at trial as a witness

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11
Q

Rule 606: Jurors Competency as a witness

If a jury is caused to testify, then

A

the court must give a party an opportunity to object outside the jury’s presence

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12
Q

Rule 606: Jurors Competency as a witness

Prohibited Testimony or Others Evidence

During an inquiry into the validity of a verdict or incitement

A

May not testify about jury deliberations, jury voting, any jurors mental processes concerning the verdict or indictment

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13
Q

Rule 606: Jurors Competency as a witness

Prohibited Testimony or Others Evidence (3 EXCEPTIONS)

During an inquiry into the validity of a verdict or incitement

A
  1. Extraneous prejudicial info was improperly brought to the jury’s attention
  2. An outside influence was improperly brought to bear on any juror;
    OR
  3. A mistake was made in entering the verdict on the verdict form
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14
Q

Rule 602 Need for Personal Knowledge

A witness may testify to a matter only if…

A

the evidence is introduced sufficient to support a finding that the witness has personal knowledge may consist of the witnesses own testimony

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15
Q

Rule 602 Need for Personal Knowledge

does not apply to

A

a witness expert testimony under rule 703

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16
Q

The formula for if a witness’s personal knowledge can be testified

A

FP= FT

Facts perceived = facts allowed to testify

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17
Q

When are the witnesses facts to be testified, inadmissible?

A

When they are not facts that they personally perceived

18
Q

To testify personal knowledge a witness needs to be able to do what 3 things

A

1) comprehend
2) remember
AND
3) communicate

19
Q

The witness has to have evidence that is…

A

“sufficient to support a finding” of personal knowledge

20
Q

“sufficient to support a finding” of personal knowledge

A

a reasonable juror could conclude that the witness perceived, comprehends, remembers, and can communicate the facts

21
Q

Rule 603 Oath or Affirmation to testify truthfully

A

Before testifying, must give oath or affirmation

22
Q

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

who is competent

A

everyone unless a rule says otherwise

23
Q

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

a witness is disqualified when the court determines

A

1) cannot express self directly or with interpretation
OR
2) Incapable of the duty of witness to tell the truth

24
Q

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

Interested party

A

Interested party’s are disqualified

25
Q

3 types of Evidence

A

1) witness
2) Item
3) Judicial notice

26
Q

What does the court do during judicial notice

A

The court takes note of a general fact

27
Q

Demonstrative evidence

A

merely illuminates testimony

28
Q

demonstrative evidence can only be used if

A

the testimony it illustrates is admissible and it actually refers to that testimony

29
Q

Rule 601: Competancy of a witness can differ between…

A

States

30
Q

Rule 601: Competancy of a witness always applies to

A

Federal Cases

31
Q

Rule 601: Competancy of a witness

Civil cases are governed by

A

State laws

32
Q

Rule 601: Competancy of a witness

Can a atheist testify?

A

Yes, everyone is competent to testify

Another rule: cannot bring up that they are athesist

33
Q

605: Judge competancy as a witness

A
  • Judge cannot be a witness
  • Need not to objecy to preserve the issue (Plain error)
34
Q

Rule 606: Jurors competancy as a witness

2 times when a juror cannot be a witness

A
  1. At the trial
  2. during an inquiry into the validity of a verdict or indictment
35
Q

Rule 606: Jurors competancy as a witness

during an inquiry into the validity of a verdict or indictment. What is the specific prohibited testimony or other evidence from a witness?

A

How the decision was made

36
Q

Rule 606: Jurors competancy as a witness

3 Exceptions to the rule stating that a juror cannot be a witness during an inquiry into the validity of a verdict or Inditement

A

1) Extranous prejudicial info was improperly brough to the jurys attention
2) An outside influence was improperly brought to bear on any juror
3) A mistake made when entering verdict on the verdict form

37
Q

Rule 602: Need for personal Knowldge

Evidence introduced needs to be

A

sufficent to support a finding

(super low standard)

38
Q

Rule 602: Need for personal Knowldge

does not apply to

A

expery testimony

just do not let testimony get too scientific

39
Q

4 things needed to establish personal knowledge

A

1) Witness must percieve the facts
2) witness understands what it precieved
3) witness remembers/comprehends what they precieve
4) Witness must be able to communicate

40
Q

Rule 602: Need for personal Knowldge

What it means to precieve the facts

A

see it, hear it, touch it, taste it, smell it

41
Q

Once that evience is found to be sufficent to support a finding, the evidence goes to

A

wait

Evidence (4 decks)

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