Evidence MEE Rules

Question 1

Excited utterance

Answer 1

Statement relating to a startling event or condition made while the declarant was under the stress or excitement it caused.

Question 2

Present sense impression

Answer 2

Statement describing or explaining an event or condition made while or immediately after the declarant perceived it.

Question 3

Business records

Answer 3

Record made in the course of regularly conducted business activity, and it must be regular practice of the business to make such record.

Question 4

Recollection recorded

Answer 4

A record that is on a matter that the witness once knew about, but now cannot recall well enough to testify fully and accurately, which was made while the matter was fresh in the witness’s memory.

Question 5

Then-existing state of mind

Answer 5

A statement showing a D’s mental, emotional, or physical condition = not hearsay.

Question 6

Prior statement of identification

Answer 6

A witness’s prior identification = not hearsay.

Question 7

Opposing party’s statement

Answer 7

A statement made by an opposing party offered against it = not hearsay

Question 8

Statement against interest

Answer 8

A statement that a reasonable person in declarant’s position would have made only if the person believed it to be true bc when made, had a tendency to expose the declarant to civil or criminal liability.

Question 9

Lay testimony

Answer 9

Admissible if based on W’s perception and helpful to the trier of fact. Must not be based on scientific, technical, or special expertise.

Question 10

Expert testimony

Answer 10

Testimony must be helpful to the jury, supported by proper factual basis, reasonable degree of certainty, and reliable principles that were reliably applied.

Question 11

Confrontation clause

Answer 11

Testimonial statements = inadmissible unless declarant is unavailable and D had opportunity cross the declarant when statement was made.

Question 12

Prior inconsistent statements

Answer 12

Can be used as substantive evidence or to impeach. W must be given opportunity to explain or deny statement if extrinsic evidence is used.

Question 13

Bad acts

Answer 13

Questioning about bad acts probative of truthfulness or untruthfulness = permitted. Extrinsic evidence not permitted.

Question 14

Character evidence - generally

Answer 14

Inadmissible to prove that someone acted in accordance w/his character at the time the event occurred.

Question 15

Character evidence - civil cases

Answer 15

Permitted when character is an essential element of the case.

Question 16

Character evidence - criminal cases

Answer 16

D in a criminal case may intro evidence of a pertinent character trait via reputation or opinion evidence. Then, prosecutor may rebut via reputation, opinion, or cross-examining D’s witness.

Question 17

Habit evidence

Answer 17

A person’s regular response to a specific set of circumstances.

Admissible to prove that the conduct of a person was in conformity with that habit.