Evidence - Adaptibar

Question 1

Hearsay exception to prove the lack of a public record?

Answer 1

1. by a certificate by the keeper of the records in question, that diligent search has failed to find a record; or
2. the testimony of the record keeper to that effect

Question 2

Summary of voluminous documents rule

Answer 2

A summary of voluminous documents allows for the admission of charts and summaries of large amounts of documents

Question 3

Are offers to compromise on a disputed claim admissible?

Answer 3

No.

Question 4

Can hearsay statements be used to impeach?

Answer 4

Yes!

Question 5

Can you impeach a deceased declarant?

Answer 5

Yes.

Question 6

Is a non-expert who familiarizes himself with a signature in preparation for trial allowed to authenticate a signature?

Answer 6

NO!!!

Question 7

TRUE OR FALSE: A criminal defendant is entitled to offer evidence of his good character only if it involves a pertinent trait to the underlying charge?

Answer 7

True.

Question 8

What is a prior inconsistent statement?

Answer 8

One made by a witness before the witness’s testimony in a current court proceeding, that conflicts with a statement made by the witness in the court proceeding in which the witness is now subject to cross-examination.

Question 9

In what two ways can a witness’s prior inconsistent statement be used?

Answer 9

1. to impeach the witness, provided that the witness is given an opportunity to explain or deny the statement; and
2. as non-hearsay substantive evidence of the prior statement’s truth IF the prior statement was given under oath and subject to penalty of perjury as aprt of a formal hearing, proceeding, trial, or deposition.

Question 10

Statements made for purposes of medical diagnosis - hearsay exception

Answer 10

Statements made for purposes of medical diagnosis or treatment, and statements describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment are an exception to the hearsay rule and are admissible.

Question 11

Admission of ancient documents

Answer 11

A statement in a document that was prepared before January 1, 1998, and whose authenticity is established is a special hearsay rule

Question 12

How is an ancient document authenticated?

Answer 12

The document must be:

1. in a condition that creates no suspicion about its authenticity;
2. in a place where, if authentic, it would likely be; and
3. is at least 20 years old when offered

Question 13

Can extrinsic evidence be admitted to impeach a witness’s ability to perceive the events that transpired?

Answer 13

Yes.

Question 14

Are admissions by a party-opponent non-hearsay?

Answer 14

Yes.