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DD Bar (Worst Subjects/Topics) > Evidence > Flashcards

Evidence Flashcards

1
Q

Presentation of Testimonial Evidence

In a criminal case, judicial notice is allowed but it cannot ___ the prosecutor’s burdern of proving each fact _____

A

Undermine

Beyond a Reasonable Doubt

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2
Q

Presentation of Testimonial Evidence

Is judicial notice allowed in civil cases?

A

Yes, but the jury still has to find the facts

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3
Q

Presentation of Testimonial Evidence

Who determines rules of evidence? rules of facts?

A

Judge

Jury

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4
Q

Presentation of Testimonial Evidence

T/F:
Anything can be used to refresh a witness’ memory

A

True

But the witness may not read from the writing while testifying

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5
Q

Presentation of Testimonial Evidence

What happens if you try to refresh a witness’ memory with a document and it doesnt work?

A

you can offer in evidence a writing that was made or adopted by the witness under past recollection recorded

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6
Q

Presentation of Testimonial Evidence

Once qualifed as an expert, the expert can base their testimony on facts not in evidence that were:

2 Requirements

A
  1. supplied to her out-of-court
  2. Of a type reasonably relied on by experts in that particular field
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7
Q

Presentation of Testimonial Evidence

T/F: Expert witnesses can only testify to things they have personal knowledge about

A

False

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8
Q

Character Evidence

When is character admissible in a civil trial?

A

When character is directly at issue

Defamation, negligent hiring, negligent entrustment, entraptment, etc

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9
Q

Character Evidence

In a criminal trial, may a defendant offer evidence of their character?

A

Yes, a criminal defendant is allowed to present relevant character evidence to help establish that he may not have committed the crime charged but only if its P.R.O:
Pertitinet to case at hand, and by reputation or opinion testimony only

Pertinent ex: testiony about honesty if trial is about embezzlemen

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10
Q

Character Evidence

T/F: In a criminal trial, prosecution can bring up evidence of D’s character at any time

A

False, D must open the door first

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11
Q

Character Evidence

___ evidence is a repeated response to a specfic stimulus and it admissible at trial

A

Habit

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12
Q

Impeachment

To determine if the question is testing impeachment, look for an
(1) attack on a
(2) witness or hearsay declarant regarding their
(3) truthfulness or
(4) accuracy

A
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13
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove convictions

A

True, but may not be admissible if the conviction is more than 10 years old

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14
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove a witness made a prior inconsistent statement

A

True, but only if witness is giving an opportunity to explain or deny statements

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15
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove a witness’ bias

A

True, but only after the witness is asked about those facts and denies those facts

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16
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove specfic acts of misconduct

A

False, witness may only be asked about it and if they deny, must move on

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17
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove sensory deficiencies

anything concering W’s perception or memory (deaf, blind, amnesia)

A

True

18
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove a witness’ contradiction

A

True, on cross, a witness may be impeached by EE if she lied or made a mistake during direct, but only if she wont admit the mistake/lie

Must be a relevant matter

19
Q

Impeachment

T/F: Extrinsic Evidence can be used to prove a witness’ reputationor opinion for truthfulness

A

True. This is done when a party calls their OWN witness to testify that the witness in question so the witness is the EE

20
Q

Impeachment

T/F: A hearsay declarant may be impeached

A

True

21
Q

Hearsay

T/F: Words of notice or warning are considered hearsay

A

False, considered non-hearsay because it will be brought up in court to show the effect on the listener

22
Q

Hearsay

The following hearsay exceptions can only be used when a declarant is unavailable:

FFSDS

A
  1. Forfeture by wrongdoing
  2. former testimony
  3. statement against penal, pecuniary, or monetary interest
  4. Dying declaraton
  5. Statements of personal or family history
23
Q

Hearsay

What are the 3 statements a witness can make that are considered non-hearsay?

A
  1. Prior** Consistent **Statements (W must be testifying at trial)
  2. Prior Inconsistent statements (made under oath at prior hearing, depositions, etc)
  3. Prior** identification** (witness MUST BE testifying to give the prior ID)
24
Q

Hearsay

A prior inconsistent statement may not be admissible as substantive evidence unless ____

A

made under oath at a prior trial or deposition, otherwise its for impeachment purposes only

25
Q

Hearsay

A dying declaration can only be used in cases where the D is charged with:

A

Homicide, NOT attempted murder

26
Q

Relevancy; Privileges; Writings

A subsequent remedial measure may not be used to prove:

A

Liability

27
Q

Relevancy; Privileges; Writings

A susbequent remedial measure can be used to prove:

A

Ownership or control

28
Q

Relevancy; Privileges; Writings

An offer to compromise/settle will be excluded only if there is some:

A

Dispute as to validty or dispute as to the amount

29
Q

Relevancy; Privileges; Writings

T/F: Evidence of a plea agreement can be used to prove bias

A

True because it tends to show that the W has a motive to lie

30
Q

Relevancy; Privileges; Writings

In authenticating a handwritten document, a lay person who has personal knowledge of the handwriter’s handwriting can only testify as to:

A

her opinion as to whether the document is in that person’s handwriting

31
Q

Relevancy; Privileges; Writings

The best evidence rule is used to:

3

A
  1. deter fraud and
  2. if the witnesses sole knowledge is based on the writing
  3. if the writing is essential to the case and youre proving the contents of the writing i.e contracts, newspapers for defamation cases, etc
32
Q

Spousal Privileges

The privilege of Confidental Communications applies to statements made:

A

DURING the marriage only

33
Q

Spousal Privileges

In which types of cases can the Confidental Communications apply?

A

In civil or criminal

34
Q

Spousal Privileges

T/F: The confidental communications privilege is held by both spouses

A

True

35
Q

Spousal Privileges

For confidential communications to apply, the communication must not be made to a ____

A

Third Party

36
Q

Spousal Privileges

What rights does a spouse defendant have in regard to confidential communications?

A

The D can veto any testimony

37
Q

Spousal Privileges

Spousal immunity applies to statements made:

A

Before or during the marriage

38
Q

Spousal Privileges

When does the spousal immunity end?

A

When the marriage ends

39
Q

Spousal Privileges

In what types of cases does spousal immunity apply?

A

Only in criminal cases

40
Q

Spousal Privileges

Which spouse holds the privilege of spousal immunity?

A

The testifying spouse

41
Q

Spousal Privileges

T/F: For spousal immunity to apply, the spouses don’t have to married at the time of the trial

A

False, must be married at time of trial

DD Bar (Worst Subjects/Topics) (19 decks)

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