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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 called 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 (3 things that a jury may not testify)

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

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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

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19
Q

Personal Knowledge

The witness has to have evidence that is…

A

“sufficient to support a finding” of personal knowledge

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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

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21
Q

Rule 603 Oath or Affirmation to testify truthfully

A

Before testifying, must give oath or affirmation

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22
Q

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

who is competent

A

everyone unless a rule says otherwise

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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

42
Q

Rule 106 Summaries

When a proponet may use a summary, chart, or calculation as evidence

A

to prove the content of volumous writings, or photographs that cannot be conviently examined in court

43
Q

Rule 1006 Summaries

The proponent must make what available for examination or copying, or both, by other parties at a reasonable time and place.

and the court may do what

A

originials or duplicates

and the court may order the proponet to produce them in court

44
Q

When determining if a writing is admissible

3 frequent issues to consider:

☆

A
  1. Authentication
  2. The best Evidence Rule
  3. Hearsay
45
Q

What would happen if plaintiff notified defendant that they needed evidence and they failed to bring the evidence

A

Rule 1004(3) would allow plaintiff to offer secondary evidence to prove the contents of the writing

Including testimony from memory on what it said

46
Q

Rule 1007 Testimony as statement of a party to prove content

May prove content of a writing, recording, or photograph by:

A

the testimony, the deposition, or written statement of the party who the evidence is against.

Need not account for the original

47
Q

Rule 1008: Functions of the Court and Jury

In a jury trial the jury determines any issue about what 3 things?

A
  1. An asserted writing, recording, or photograph ever existed
  2. Another one produced at the trial or hearing is the original, OR
  3. other evidence of content accurately reflects the content
48
Q

A photograph can be what 2 types of evidence?

A

Real and demonstrative

49
Q

Real evidence

A

played some role in the case

50
Q

Demonstrative evidence

A

To diagram or demonstrate something

51
Q

What to ask if the contested evidence is a writing, recording or photgraph

A

is the evidence offered to prove the content of the writing, recording or photograph?

52
Q

If evidence is offered to prove the content of writing, recording or photographs, the party must take one of what 6 paths

A
  1. Produce the origingal (1001, 1002)
  2. Produce duplicate (unless a question is raised about the authenticity of the original or a duplicate would be unfair, 1003)
  3. Prove an exception of 1004, and offer other evidence
  4. Prove contents by written statement, testimony, or desposition of opponet 1007
  5. Provide a summary if contents are volumonous, while making originals or duplicates available for copying 1006
  6. prove a public recotd according to 1005
53
Q

To get the contents in a GPS you look at what rule

A

best evidence rule

54
Q

Best evidence rule

Testimony on record

A

Doesn’t mean it is under Best Evidence RUle, because it personal knowledge

55
Q

Rule 1004

If original is lost or destoryed

A

testimony concerning the contents od the writing is admissible

Evidence (8 decks)

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