Evidence

Question 1

Relevance

Answer 1

Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence in determining the action.

Question 2

Probative vs. Prejudicial

Answer 2

Relevant evidence may be excluded if its probative value is substantially outweighed by a risk of unfair prejudice, confusion, misleading the jury, undue delay, or wasting time.

Question 3

Subsequent Remedial Measures

Answer 3

Generally not admissible to prove negligence or culpable conduct, but admissible for other purposes (e.g., ownership, control, feasibility of precautionary measures).

Question 4

Settlement Offers and Negotiations:

Answer 4

Generally not admissible to prove liability or the amount of a disputed claim, but admissible for other purposes (e.g., proving bias, negating a contention of undue delay).

Question 5

Offers to Pay Medical Expenses

Answer 5

Not admissible to prove liability, but admissions of fact accompanying such offers are admissible.

Question 6

Liability Insurance

Answer 6

Not admissible to prove negligence or wrongful action, but admissible for other purposes (e.g., proving agency, ownership, control, or bias).

Question 7

(Civil cases) Character evidence

Answer 7

Generally Inadmissible: Character evidence is generally not admissible to prove conduct in conformity therewith, except when character is directly in issue (e.g., defamation, child custody).

Question 8

(criminal cases) Character evidence (Defendant)

Answer 8

Defendant may introduce evidence of a pertinent character trait (e.g., honesty, peacefulness), and the prosecution may rebut with evidence to the contrary.

Prosecution can introduce evidence of defendant’s character only after defendant opens the door.

Question 9

(Criminal Cases) Character evidence (victim)

Answer 9

Defendant may offer evidence of the victim’s character, and the prosecution can rebut with evidence of the victim’s good character or defendant’s bad character for the same trait.

Question 10

Not Admissible to Prove Propensity

Answer 10

Evidence of other crimes or bad acts is not admissible to prove character in order to show action in conformity.

Question 11

Admissible for Other Purposes

Answer 11

Such evidence may be admissible for other purposes (e.g., motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident).

Question 12

Competency (witnesses)

Answer 12

Every person is competent to be a witness unless rules provide otherwise.

Question 13

Personal Knowledge (witnesses)

Answer 13

Witness must have personal knowledge of the matter to which they testify.

Question 14

Oath or Affirmation:

Answer 14

Witness must declare to testify truthfully by oath or affirmation.

Question 15

Impeachment (Methods)

Answer 15

1.Prior inconsistent statements.
2. Bias or interest.
3. Sensory deficiencies.
4. Character for untruthfulness.
5. Criminal convictions (generally crimes involving dishonesty or false statements, and felonies subject to Rule 403).

Question 16

Rehabilitation (impeachment)

Answer 16

A witness can be rehabilitated after impeachment, usually by explanation, prior consistent statements, or showing good character for truthfulness.

Question 17

Lay Witnesses (opinion testimony)

Answer 17

Limited to opinions that are rationally based on the witness’s perception and helpful to clearly understanding the witness’s testimony or determining a fact in issue.

Question 18

Expert witnesses (opinion testimony)

Answer 18

Can provide opinions if they are qualified by knowledge, skill, experience, training, or education, and the testimony is based on sufficient facts or data, a product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.

Question 19

What is hearsay

Answer 19

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

Question 20

the general rule for hearsay

Answer 20

Hearsay is not admissible unless it falls under an exception or exclusion

Question 21

Verbal Acts (non- hearsay purposes)

Answer 21

Statements that have independent legal significance (e.g., words of contract, defamation).

Question 22

Effect on Listener (non hearsay purposes)

Answer 22

Statements offered to show their effect on the listener (e.g., notice, motive).

Question 23

State of mind (non hearsay purpses)

Answer 23

Statements offered to show the declarant’s state of mind.

Question 24

Prior Statements by Witness (exclusions from hearsay)

Answer 24

Prior inconsistent statements given under oath, prior consistent statements to rebut charge of recent fabrication, prior statements of identification.

Question 25

Admissions by Party-Opponent (exclusions from hearsay)

Answer 25

Statements made by a party, adopted by a party, or made by a party’s agent or co-conspirator during and in furtherance of the conspiracy.

Question 26

Declarant Unavailable (hearsay exceptions)

Answer 26

Former testimony, statements against interest, dying declarations, statements of personal or family history, forfeiture by wrongdoing.

Question 27

Availability Immaterial (hearsay exception)

Answer 27

Present sense impression, excited utterance, then-existing mental, emotional, or physical condition, statements for medical diagnosis or treatment, recorded recollection, records of regularly conducted activity, public records, learned treatises, judgments of previous convictions.

Question 28

Attorney-Client Privilege (common privileges)

Answer 28

Protects confidential communications between attorney and client made for the purpose of obtaining or providing legal assistance.

Question 29

Doctor-Patient Privilege (common privileges)

Answer 29

Protects confidential communications made for the purpose of medical treatment (not recognized in federal court but recognized in many states).

Question 30

Psychotherapist-Patient Privilege (common privileges)

Answer 30

Protects confidential communications between psychotherapist and patient.

Question 31

Spousal Testimonial Privilege (common privileges)

Answer 31

In criminal cases, protects one spouse from being compelled to testify against the other.

Question 32

Confidential Marital Communications Privilege (common privileges)

Answer 32

Protects confidential communications made during the marriage.

Question 33

Authentication (photos, writings, recordings) (General Rule)

Answer 33

All writings and recordings must be authenticated before they can be admitted into evidence. This can be done by direct evidence (e.g., witness testimony) or circumstantial evidence (e.g., handwriting comparison).

Question 34

Best evidence rule (requirement)

Answer 34

To prove the content of a writing, recording, or photograph, the original document is required, unless it is unavailable for a valid reason.

Question 35

Best evidence rule (duplicates)

Answer 35

Admissible to the same extent as originals unless there is a genuine question of the original’s authenticity or it would be unfair to admit the duplicate.

Question 36

Judicial Notice

Answer 36

A court’s acceptance of a fact as true without requiring formal proof.

Question 37

Adjudicative Facts (judicial notice)

Answer 37

Facts that are not subject to reasonable dispute because they are generally known within the jurisdiction or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.