Evidence

Question 1

Impeachment for Bias

Answer 1

Because a witness may be influenced by his relationship to a party (e.g., employment), his interest in testifying (e.g., avoidance of prosecution), or his interest in the outcome of the case (e.g., receipt of an inheritance), a witness’s bias or interest is always relevant to the credibility of his testimony, and consequently, a witness may be impeached on that ground.

Question 2

Physician-Patient Privilege

Answer 2

Most states recognize a physician-patient privilege that protects communications made by a patient to a physician for the purpose of obtaining treatment.

Question 3

Hearsay

Answer 3

Hearsay is a statement that the declarant makes at a time other than while testifying at the current trial or hearing (i.e., an out-of-court statement) that is offered to prove the truth of the matter asserted.

Question 4

Hearsay Exception: Statement Against Interest

Answer 4

A statement made by a declarant who is unavailable to testify is not excluded as hearsay if the statement (i) was against the declarant’s interest at the time it was made, and (ii) would not have been made by a reasonable person unless he believed it to be true.

Question 5

Hearsay Exception: Business Records

Answer 5

A business record is admissible if:

1. The record was made at or near the time of the incident
2. By a person with knowledge or information
3. As a regular practice of making the kind of entry in question
4. During the regular course of business

Records that were prepared in anticipation of litigation do not fall within the business records hearsay exception.