Evidence Flashcards
(26 cards)
When is a declarant’s prior statement identifying someone she perceived earlier not considered hearsay under the Federal Rules?
if the Declarant is now testifying at trial and subject to cross-examination about the prior statement
When is evidence of repairs or other precautionary measures made following an injury admissible?
When used to rebut a claim by Defendant that the repair or precaution was not feasible
What is logical relevance definition?
Evidence is relevant if it has any tendency to prove or disprove a material fact
What is legal relevance / definition?
Balancing test, otherwise relevant evidence can be excluded if its probative value is substantially outweighed by the:
- danger of unfair prejudice
- confusion of issues
- misleading the jury
- wasting time
When is evidence of subsequent remedial measures still allowed?
- To prove ownership or control of instrumentality
- To rebut a claim that a precaution was impossible or infeasible
- To show that other party destroyed evidence
When is liability insurance admissible?
Not admissible to prove negligence, or ability to pay a judgment.
Admissible to prove ownership or control, or for impeachment
Are offers to pay medical expenses admissible?
FRE - no, but related facts are admissible
When does the exclusion for settlement offers not apply (meaning the evidence is still admissible)?
Since it only applies to a disputed claim, admissible if a claim has not yet been made.
What are the two requirements for a witness to be competent?
- Personal knowledge of the matter
- Must declare he will testify truthfully
Can a judge call witnesses and/or ask questions of witnesses?
Can call witnesses and ask questions of any witness
When is lay opinion testimony admissible?
- rationally based on witness’s perceptions and
- helpful to trier of fact
What are the requirements for admissibility of expert testimony?
- Specialized knowledge will assist trier of fact in understanding
- witness is qualified as an expert
- Testimony is based on sufficient facts or data
- Testimony is product of reliable principles and methods
What can an expert’s opinion be based on?
- Firsthand knowledge
- observation of prior witnesses, or
- Hypothetical question posed by counsel
What is the Daubert standard for reliability?
a. Peer reviewed/published in scientific journals
b. tested and subject to retesting
c. known for a low error rate
d. subject to a reasonable level of acceptance
Under FRE, to which cases does the spousal immunity privilege apply?
Criminal cases only
When is character evidence allowed in civil court?
Can be used in a case where character is “at issue” and is an essential element
When a defendant testifies, which character traits does he put at issue?
Credibility and character for truthfulness
On direct examination, what evidence of defendant’s character can be raised?
Only reputation/opinion evidence.
NO specific acts evidence
On Cross-exam, what is a limitation of character evidence?
When asking about specific acts, cannot introduce extrinsic evidence regarding the specific act
When are specific acts admissible in criminal rape/sexual assault cases?
To show
- third party is the source of semen or injury to the victim or
- prior acts of consensual intercourse with D or
- constitutionally required
What are “other purposes” for which character evidence is allowed?
To show:
1. Intent to commit the act
2. Preparation to commit act
3. Identity of perpetrator
4. Knowledge of some fact or event
5. Absence of mistake or accident
6. Motive to commit the crime
7. Opportunity to commit the act
8. Plan or scheme
I PIK A MOP
When is evidence of similar happenings admissible?
If the events are substantially similar
What are the five main methods of impeachment?
- Character for truthfulness
- Prior inconsistent statements
- Bias
- Sensory or mental defect
- Contradiction by another witness
When is extrinsic evidence permitted to impeach a witness for a prior inconsistent statement (PIS)?
Only if:
1. witness is given the opportunity to explain or deny PIS and
- Proponent of the PIS can interrogate the impeaching witness
