Week 2 Lecture

Question 1

2 types of courts in which Arizona Rules of Evidence do not apply

Answer 1

1. traffic court 2. divorce court (only apply if both sides agree)

Question 2

The purpose of rules of evidence is to (1)

Answer 2

1. protect parties from the jury

Question 3

3 types of evidence

Answer 3

1. testimony 2. physical 3. documents

Question 4

No type of evidence is more important than others, but (1) lays the foundation for the others.

Answer 4

testimony

Question 5

In deposition, objections are made but questions are answered anyway, because there is no (1). The one exception is (2), which is never answered in depos.

Answer 5

1. jury 2. privileged information

Question 6

With judge as gatekeeper for evidence, the gate is usually (1) because the court is (2). A (3) may close the gate. If evidence passes the gate, the jury (4) it. If one does not agree with the judge’s gatekeeping, one may (5).

Answer 6

1. open 2. appeal 3. objection 4. weighs 5. appeal

Question 7

Once evidence becomes admissible, it (1) and the jury can (2). However, (3) are not evidence.

Answer 7

1. exists 2. take it with them 3. presentation/demonstrative devices that aid testimony

Question 8

Judicial notice is different than other rules of evidence because it (1) instead of (2). In other words, it is a (3).

Answer 8

1. gets evidence in 2. keeping it out 3. defense to an objection

Question 9

Things judicially noticed are either (1) or capable of (2) by (3).

Answer 9

1. commonly known 2. accurate determination 3. reasonable sources

Question 10

Foundation of testimony asks the question, (1). A witness is someone who is (2) and (3)–otherwise, it’s just a person who saw something. The foundation is the (4) for the witness.

Answer 10

1. Who is this witness? 2. sworn in 3. testifies 4. qualification

Question 11

Expert witnesses have a double layer of qualification–one as (1) and one as (2).

Answer 11

1. expert (degree, work, etc.) 2. witness (What seen, what done on case)

Question 12

Relevance is a rule of (1). Legally, relevant evidence makes (1) more or less (2)–an easy standard to meet…

Answer 12

1. preclusion 2. existance of any fact 3. probable

Question 13

Rules 403 permits exclusion of evidence using a balance test–probative value must outweigh, for example, which four things?

Answer 13

1. unfair prejudice 2. confusion of issues 3. misleading the jury 4. undue delay, waste of time, etc.

Question 14

One type of evidence that is excluded is (1), because prejudice outweighs probative value. It is inadmissible for showing (2).

Answer 14

1. character evidence 2. conformity

Question 15

3 exceptions to character evidence exclusion rules

Answer 15

1. reputation concerning truth (because oath is based on truth) 2. conviction of a crime (under certain circumstances) 3. habit, routine, practice

Question 16

4 requirements in admitting evidence for impeachment because of prior conviction of a crime

Answer 16

1. crime was punishable by death or >1 year imprisonment 2. crime involved dishonesty or a false statement (always relevant) 3. conviction was <10 years ago 4. still must be balanced against prejudicial potential (judge decides)

Question 17

In addition to requiring (1), which all evidence requires for admissibility, documentary evidence also requires (2) and (3)

Answer 17

1. foundation (person to talk about it–someone qualified, such as writer of document) 2. authentication (can be waived if not likely to be a problem) 3. best evidence (is what it purports to be) (original unless rule otherwise or unavailable) (no important unless document is in dispute)

Question 18

hearsay is an (1) statement introduced in (2) to (3). It is protected because people have (4)

Answer 18

1. out-of-court 2. court 3. prove the truth of a matter asserted 4. a fundamental right to be cross-examined (real witness rule)

Question 19

4 exceptions to hearsay introduced in class

Answer 19

1. excited utterances (no time to fabricate) 2. state of mind 3. doctor (no one more likely to tell truth in order to get appropriate treatment)(applies to statements made TO the doctor only) 4. business records (likely to be kept accurately)(NOT police records)