Evidence Flashcards
What is hearsay?
An out of court statement made to prove the truth of the matter asserted.
When is evidence admissible?
When it is RELEVANT and MATERIAL
Relevant –> Have a tendency to make a fact more or less probable
Material –> the fact is of consequence in determining the action
When will a lay witness be admitted to testify their opinion?
A. For common sense impressions
B. When their opinion is rationally based on their perception, and helpful to a clear understanding of the witness’s testimony or a fact in issue.
When is an expert’s opinion testimony admissible?
(1) Witness is qualified as an expert
(2) The testimony is based on sufficient facts/data
(3) The testimony is the product of reliable principles/methods
(4) Witness applied the principal’s and methods reliably to the facts of this case
What are the requirements for the business record hearsay exception?
(1) Record was kept in the course of a regularly conducted activity
(2) made as a regular practice for that activity
(3) and was made at or near the time of the act or event by someone with knowledge
Is there a common law patient-physician privilege?
No
In many states, when is a patient deemed to have waived physician-patient privilege?
When she places her condition at issue in a personal injury lawsuit
What are the requirements for the dying declaration exception to hearsay?
(1) declarant is unavailable (but he doesn’t have to die!); (2) the statement was made while he believed death was impending; (3) the statement concerns the cause or circumstances of death; and (4) it is used in a homicide or civil case.
What is habit evidence admissible for?
Evidence of the habit or routine of an individual or a corporation is admissible to prove they acted in conformity therewith.
When can a witness be impeached on the basis of religious beliefs?
When the church they are a member of us a party to the lawsuit and you are impeaching to show bias.
How long does spousal privilege last?
Even after the marriage ends, so long as the privileged communication occurred during the marriage.
