Wrong Answer Rules Flashcards
Rule 804(b)(1)-Former Testimony
Rule 804(b)(1) provides that testimony given by a witness in another hearing or taken in a deposition in the same (or different) proceeding is admissible if:
(1) the former witness is unavailable in the present proceeding; and
(2) the party against whom the former testimony is offered (or his predecessor-in-interest) had an opportunity to develop the former testimony by direct, redirect or cross-examination; and
(3) had a similar motive to develop the former testimony by cross-examination.
Rule 413
Under Rule 413, in a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant’s commission of another offense or offenses of sexual assault is admissible and may be considered for its bearing on any matter to which it is relevant.
The prosecution can introduce this evidence in its case-in-chief.
Once a defendant in a criminal trial opens the door by introducing evidence as to his good character, the prosecutor may rebut ONLY through:
reputation and opinion evidence, NOT specific acts.
True or false: Defamation, slander, and deceit are admissble as non-hearsay verbal acts.
True.
True or False: The Federal Rule of Evidence specifies no qualifications for mental competency.
True.
True or False: Mental illness does not qualify a witness from testifying although it may bear upon his credibility.
True.
True or False: Under Rule 602, a witness with personal knowledge of the accident will be competent to testify, even if that witness is a child.
True.
True or False: under the federal rules of evidence, questions of mental competence (based on age, illness, drug use, etc.) go to the weight of the evidence, NOT admissibility.
True.
Rule 803(19)-pedigree exception
Non-hearsay for reputation among members of his family by blood, adoption, or marriage, or among his associates, or in the community, concerning a person’s birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of his personal or family history.
What is the dead man’s statute?
prevents an INTERESTED PARTY in a civil case from testifying about communications or transactions with a deceased person when such testimony is adverse to the decedent’s estate.
Under Rule 613(b), Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if:
(i) the witness is, at some point, given an opportunity to explain or deny the allegedly inconsistent statement; and
(ii) the adverse party is, at some point, given an opportunity to examine the witness about the statement.
True or False: Under Rule 803(6)-business records exception, an official “records custodian” is not required to testify.
True.
True or False: Illegal activity can be considered a regularly conducted activity for purposes of the business record exception.
True.
Once a defendant demonstrates that he has testified, under a state grant of immunity, to matters related to the federal prosecution, the federal authorities have the burden of showing that:
their evidence is not “tainted” by establishing that they had an independent, legitimate source for the disputed evidence.
True or False: Under Rule 409, if the reference to the medical expenses is severable from the defendant’s admission of liability, the courts will permit such severance.
True.
