Evidence Flashcards

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1
Q

Hearsay

A

Hearsay is an out of court statement offered to prove the truth of the matter asserted. Hearsay is not admissible unless an exception applies.

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2
Q

Excited Utterance

A

Excited utterance is an exception to hearsay and will be admissible. An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused

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3
Q

Present Sense Impression

A

A present sense impression is a statement describing or explaining an event or condition made while or immediately after the declarant perceived it

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4
Q

Statement for Purpose of Medical Treatment/Diagnosis

A

These statements must be made for and reasonably pertinent to medical diagnosis or treatment, and describe medical history, past or present symptoms and their inception or general cause.

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5
Q

Business Records

A

A business record is a record of acts, events, opinions, etc. that is made at or near the time of the event and is recorded by a person with knowledge of the event. The record must occur in the course of a regularly conducted business activity and must be there regular practice of the business to make such a record.

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6
Q

Recollection Recorded

A

A record that is on a matter that the witness once knew about, but now cannot recall well enough to testify about, which was made while the matter was fresh in the witness’s mind, may be read into evidence

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7
Q

Then-Existing State of Mind

A

A statement showing a declarant’s mental, emotional, or physical condition is not hearsay. This includes declarations of intent to do something in the future

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8
Q

Prior Statement of Identification

A

A witness’s prior identification of a person is not considered hearsay if the declaring testifies at trial and is subject to cross.

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9
Q

Opponent Party’s Statement

A

A statement made by an opposing party offered against the party is not hearsay

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10
Q

Statement Against Interest

A

A statement that a reasonable person in the declarant’s position would not have made because it tends to show liability is an exception to hearsay. The declarant must be unavailable.

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11
Q

Relevancy

A

Evidence is relative if it has any tendency to make a material fact more or less likely

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12
Q

403 Balancing Test

A

Courts will admit all relevant evidence unless the probative value is substantially outweighed by the danger of prejudice.

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13
Q

Impeachment- Bad Acts

A

Prior bad acts that are probative of a witness’s truthfulness are permitted for impeachment purposes. Extrinsic evidence is not permitted though. If the witness denies the act, can’t call other witnesses to refute

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14
Q

Impeachment- Bias

A

Impeachment based on bias is permitted but the witness must be confronted on the stand. Extrinsic evidence can only used if the witness is asked about the bias first

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15
Q

Impeachment- Contradiction

A

If the witness made a mistake or lied during her examination, she may be contradicted. Extrinsic evidence is only admissible if they don’t admit their mistake

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16
Q

Character Evidence- Rule Statement

A

Character evidence is inadmissible to prove that someone acted in accordance with his character at the time the event occurred.

17
Q

Character Evidence- Civil

A

Character evidence is only permitted in civil cases when character is an essential element of the case. Usually, this is in cases involving negligent entrustment, defamation, or child custody.

18
Q

Character Evidence- Criminal

A

If the defendant in a criminal case introduces evidence of a relevant character trait, the prosecution may rebut this by using reputation, opinion, or cross-examining the defendant’s witness by asking about specific acts.

19
Q

Offers to Settle

A

An offer to settle is not admissible to prove the validity of a disputed claim

20
Q

Offer to Pay Medical Expenses

A

An offer to pay medical expenses is not admissible to prove liability or the existence of an injury, but statements made in connection with it may be permissible.

21
Q

Non Hearsay

A

The following are not hearsay and therefore admissible. Prior inconsistent statements and opposing party statements,

22
Q

Non hearsay- Prior Inconsistent Statement

A

A prior statement by a testifying witness is not hearsay if you the statement was given under oath, they are subject to cross examination, and the statement is inconsistent with current testimony. It can be used as substantive evidence.

23
Q

Confrontation Clause

A

A criminal defendant has the constitutional right to confront and cross-examine witnesses against him. This includes affidavits that summarize forensic findings. Admissible hearsay violates the clause when it is made by an unavailable declarant in a criminal case that is testimonial in nature.

24
Q

Refresh Recollection on Stand

A

When a witness used a writing to refresh their recollection on the stand, only the adverse party can introduce it into evidence, but either party can read it into evidence

25
Q

Lay Witness

A

Opinions by law witnesses are generally inadmissible. An exception is made though if the opinion is rationally based on the perception of the witness,helpful, and not based on scientific or specialized knowledge.