Evidence

Question 1

Presentation of Testimonial Evidence

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

Answer 1

Undermine

Beyond a Reasonable Doubt

Question 2

Presentation of Testimonial Evidence

Is judicial notice allowed in civil cases?

Answer 2

Yes, but the jury still has to find the facts

Question 3

Presentation of Testimonial Evidence

Who determines rules of evidence? rules of facts?

Answer 3

Judge

Jury

Question 4

Presentation of Testimonial Evidence

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

Answer 4

True

But the witness may not read from the writing while testifying

Question 5

Presentation of Testimonial Evidence

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

Answer 5

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

Question 6

Presentation of Testimonial Evidence

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

2 Requirements

Answer 6

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

Question 7

Presentation of Testimonial Evidence

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

Answer 7

False

Question 8

Character Evidence

When is character admissible in a civil trial?

Answer 8

When character is directly at issue

Defamation, negligent hiring, negligent entrustment, entraptment, etc

Question 9

Character Evidence

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

Answer 9

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

Question 10

Character Evidence

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

Answer 10

False, D must open the door first

Question 11

Character Evidence

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

Answer 11

Habit

Question 12

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

Question 13

Impeachment

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

Answer 13

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

Question 14

Impeachment

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

Answer 14

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

Question 15

Impeachment

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

Answer 15

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

Question 16

Impeachment

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

Answer 16

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

Question 17

Impeachment

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

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

Answer 17

True

Question 18

Impeachment

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

Answer 18

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

Question 19

Impeachment

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

Answer 19

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

Question 20

Impeachment

T/F: A hearsay declarant may be impeached

Answer 20

True

Question 21

Hearsay

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

Answer 21

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

Question 22

Hearsay

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

FFSDS

Answer 22

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

Question 23

Hearsay

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

Answer 23

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)

Question 24

Hearsay

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

Answer 24

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

Question 25

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

Answer 25

Homicide, NOT attempted murder

Question 26

# Relevancy; Privileges; Writings A subsequent remedial measure may not be used to prove:

Answer 26

Liability

Question 27

# Relevancy; Privileges; Writings A susbequent remedial measure can be used to prove:

Answer 27

Ownership or control

Question 28

# Relevancy; Privileges; Writings An offer to compromise/settle will be excluded only if there is some:

Answer 28

Dispute as to validty or dispute as to the amount

Question 29

# Relevancy; Privileges; Writings T/F: Evidence of a plea agreement can be used to prove bias

Answer 29

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

Question 30

# 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:

Answer 30

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

Question 31

# Relevancy; Privileges; Writings The best evidence rule is used to: | 3

Answer 31

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

Question 32

# Spousal Privileges The privilege of Confidental Communications applies to statements made:

Answer 32

DURING the marriage only

Question 33

# Spousal Privileges In which types of cases can the Confidental Communications apply?

Answer 33

In civil or criminal

Question 34

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

Answer 34

True

Question 35

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

Answer 35

Third Party

Question 36

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

Answer 36

The D can veto any testimony

Question 37

# Spousal Privileges Spousal immunity applies to statements made:

Answer 37

Before or during the marriage

Question 38

# Spousal Privileges When does the spousal immunity end?

Answer 38

When the marriage ends

Question 39

# Spousal Privileges In what types of cases does spousal immunity apply?

Answer 39

Only in criminal cases

Question 40

# Spousal Privileges Which spouse holds the privilege of spousal immunity?

Answer 40

The testifying spouse

Question 41

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

Answer 41

False, must be married at time of trial