Witnesses

Question 1

Witness competence

Answer 1

Presumed competent unless shown otherwise

Just need oath + personal knowledge

Question 2

When may a juror testify?

Answer 2

1. Outside prejudice/influence
2. Mistake in verdict form
3. Relied on stereotypes to convict

Question 3

Dead Man Acts

Answer 3

Apply in civ cases only

If state has, can’t testify against a deceased party if you have an interest in the claim

Question 4

Are leading questions ok?

Answer 4

Ok on cross (credibility/relevant matter) but not direct unless witness is hostile, forgot, etc.

Question 5

Refreshing recollection

Answer 5

Can use any object or writing it refresh memory

Can’t read from writing or offer into evid (No hearsay issue)

Adverse party can introduce into evidence

Question 6

Past Recollection Recorded

Answer 6

Hearsay exception when witness can’t remember even after refreshed

Proper foundation
1. Witness had personal knowledge
2. Record made it adopted by witness
3. Doc made when fresh
4. Witness says accurate

*Can be read into evid BUT not admitted unless adverse party wants

Question 7

Lay Witness

Answer 7

Must be helpful and based on witness’s perception and not special knowledge

Question 8

Expert Witness

Answer 8

Witness with specialized knowledge that can be based on observation, at trial, facts supplied outside of court room

Question 9

Daubert Factors for Expert Witness

Answer 9

TRAP

Testing of methodology
Rate of error
Accepted by experts in disciplines
Peer reviewed

Question 10

Learned Treatise Doctrine

Answer 10

Can be used if established as reliable authority

Cross: used to impeach
Direct: aid expert

Question 11

Expert opinion in crim case

Answer 11

Can give opinion on ultimate issue but not if it’s about Defs mental state that is a required element of crime