Evidence

Question 1

True or False: The defendant may introduce evidence of any positive character trait.

Answer 1

False

Question 2

True or False: Any testimony given under oath is admissible.

Answer 2

False

Question 3

When are the situations during which the best evidence rule requires production of an original or reliable duplicate of a document when its contents are at issue?

Answer 3

1) When the document is used to prove the happening of an event
2) When the document has a legal effect, or
3) The witness is testifying based on facts learned from the document

Question 4

Character Evidence

Answer 4

Generalized information about a person’s behavior. Such evidence is generally inadmissible to prove that the person acted in accordance with that character on a particular occassion

Question 5

Leading Question

Answer 5

A question that suggests the answer within the question. Generally not allowed on direct exam unless - the witness is hostile, the questions are necessary to develop the witnesses’s testimony, or a witness has difficulty communicating due to age or a physical or mental condition

Question 6

True or False: Leading questions are permitted on cross-examination

Answer 6

True

Question 7

Compound Question

Answer 7

A compound question requires answers to multiple questions and is not permitted.

Question 8

What elements are admissible to impeach a witness?

Answer 8

Evidence of bias, motive to lie, prejudice, or having an interest in the outcome of the case.

Question 9

Spontaneous Statement

Answer 9

A statement that purports to narrate, describe, or explain an act, condition, or event perceived by the declarant and that was made spontaneously while the declarant was under the stress of excitement caused by such perception is admissible as a spontaneous statement

Question 10

Contemporaneous Statement

Answer 10

A statement a declarant makes to explain, qualify, or make understandable something the declarant himself is doing at the very time he makes the statement is admissible as a contemporaneous statement.

Question 11

Business Records Exception

Answer 11

Records of events or conditions made in the regular course of business, consisting of matters within the personal knowledge of one with a business duty to transmit are admissible.

Question 12

What is an offer of proof?

Answer 12

When one explains to the court what the evidence would have been and why it should have been admitted. (Utilized to preserve the record when the court refuses to admit evidence that should have been admitted).

Question 13

What is judicial notice?

Answer 13

The court’s acceptance of a fact as true without requiring formal proof. If the fact is not subject to reasonable dispute, the court will instruct the jury to accept that fact as proven.

Question 14

When are leading questions permitted on direct examination? (i.e., what are the exceptions)

Answer 14

1) To elicit preliminary background information not in dispute
2) The witness has trouble communicating due to age or infirmity, or
3) When you call a hostile witness or adverse party

Question 15

What is a hostile witness?

Answer 15

A witness who is not your own. You’re allowed to ask leading questions of them on direct because in effect you’re cross-examining them.

Question 16

What does relevance do?

Answer 16

It makes the fact in issue more likely than it would be without the evidence

Question 17

When admissible, how can character evidence be proved?

Answer 17

Through reputation or opinion testimony. NOT by specific bad acts

Question 18

When can character be proved by character evidenct?

Answer 18

When it is an actual issue in the case. (Generally only at issue in civil cases)

Ex: Character evidence may be permitted in a child custody case when there is a question about whether a parent is violent.

Question 19

Competence

Answer 19

Anyone who has personal knowledge of the matter about which they are going to testify and is willing to make an oath to tell the truth is competent to testify

Question 20

What are limitations on lay witnesses testimony?

Answer 20

Cannot be based on any scientific, technical, or specialized knowledge

Question 21

True or False: 5th Amendment protection against self-incrimination applies only to current statements.

Answer 21

True. Prior statements are not protected.

Also, if there is no risk of criminal trouble then there is no privilege

Question 22

What is hearsay?

Answer 22

An out-of-court statement offered for the truth of the matter asserted.