WRONG

Question 1

By definition, __________ evidence is a type of real evidence that has some connection with the real world event that is in question at the trial.

Answer 1

Original

Question 2

Under the Federal Rules, a certified copy of a felony conviction is admissible as an exception to the hearsay rule in __________ to prove any fact essential to the judgment.

Answer 2

Both criminal and civil cases.

Question 3

What privileges do the federal courts currently recognize?

Answer 3

The federal courts currently recognize the attorney-client privilege, the privilege for confidential marital communications, spousal immunity, the clergy-penitent privilege, and the psychotherapist/social worker-client privilege.

Question 4

All types of privileges are waived by the following:

Answer 4

(i) Failure to claim the privilege by the holder herself or failure to object when privileged testimony is offered;
(ii) Voluntary disclosure of the privileged matter by the holder (or someone else with the holder’s consent) unless the disclosure is also privileged; or
(iii) A contractual provision waiving in advance the right to claim a privilege.

A privilege is not waived where someone wrongfully disclosed information without the holder’s consent.

Question 5

Prior inconsistent statements made under penalty of perjury at a prior trial or proceeding, or in a deposition, are:

Answer 5

not hearsay.

Question 6

Under Federal Rule 404(b), independently relevant uncharged misconduct by the defendant will be admissible in civil and criminal cases, without a preliminary ruling, as long as:

Answer 6

(i) There is sufficient evidence to support a jury finding that the defendant committed the prior act (i.e., the standard of Federal Rule 104); and

(ii) Its probative value on the issue of motive, intent, identity or other independently relevant proposition is not substantially outweighed by the danger of unfair prejudice (i.e., the test of Federal Rule 403).

Question 7

Can a witness be impeached by a specific act of misconduct?

Answer 7

Generally, a witness can be impeached on cross-examination by inquiry into a specific act of misconduct if that act is probative of truthfulness.

Question 8

Can a witness be impeached with extrinsic evidence of bad acts?

Answer 8

No, a witness cannot be impeached with extrinsic evidence of bad acts.

Question 9

On cross examination, a witness denies a bad act, can extrinsic evidence then be offered to disprove their answer?

Answer 9

NO.

Extrinsic evidence of bad acts for witness impeachment refers to any evidence that is external to the testimony or statement of a witness and is used to challenge the credibility or character of the witness.

Question 10

Can a document used to refresh the witness’s recollection be offered into evidence?

Answer 10

When a witness has used a writing to refresh their recollection on the stand, the ADVERSE party can then offer that writing into evidence.

Question 11

Can an otherwise inadmissible hearsay statement be admitted to show the effect on the listener?

Answer 11

A statement that would be inadmissible hearsay to prove the truth of the statement may be admitted to show the statement’s effect on the reader of listener.

Question 12

How can a photograph be admissible?

Answer 12

To be admissible, a photograph must be identified by a witness as a portrayal of certain facts relevant to the issue, and verified by the witness as a correct representation of those facts.

Question 13

Are affidavits that summarize the findings of forensic analysis and have the effect accusing the defendant of criminal conduct testimonial?

Answer 13

Yes, these affidavits are testimonial in nature and are not admissible into evidence against the D unless the preparer is unavailable and the D had the opportunity to cross-examine previously.

Question 14

Are statements of symptoms being experienced admissible?

Answer 14

Yes, including the existence of pain are admissible even if not made to a doctor or other medical personnel.

Question 15

Can the prosecution introduce evidence of the defendant’s bad character?

Answer 15

No.

Question 16

Can a criminal defendant introduce evidence of his own good character for a pertinent trait to show that he did not commit the alleged crime?

Answer 16

YES, however, such evidence can only be in the form of reputation or opinion testimony. NO specific acts.

Question 17

When is it admissible to allow evidence of repairs or other precautionary measures following an injury?

Answer 17

This evidence is generally inadmissible, but one permissible purpose is to rebut a claim that the repair or precaution was not feasible.

Question 18

Are opinions by lay witnesses admissible?

Answer 18

Generally, no.

Question 19

What is the exception to the rule that opinions by lay witnesses are generally inadmissible?

Answer 19

An exception is made if the opinion is:
(1) rationally based on the perception of the witness;
(2) helpful to a clear understanding of the testimony or to the determination of a fact in issue; and
(3) not based on scientific, technical, or other specialized knowledge

Question 20

What is character evidence? Is it admissible in a civil case?

Answer 20

Character evidence describes a person’s disposition and is generally inadmissible and irrelevant in a CIVIL case unless character is directly in issue.

Question 21

When is evidence relevant?

Answer 21

If it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probably than it would be without the evidence.

Question 22

When can relevant evidence be excluded by a judge?

Answer 22

Under 403, if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, waste of time, or misleading the jury.