Evidence Flashcards
(47 cards)
What is the definition of logical relevance in the context of evidence?
Evidence MUST be relevant to be admissible. Evidence is relevant if it is both probative AND material.
What does probative mean in legal terms?
Evidence is probative if it has any tendency to make a fact more or less probable than it would be without the evidence.
What is meant by material evidence?
Evidence is material if it is a fact of consequence in determining the outcome of the action.
List the reasons a court may exclude relevant evidence.
- Unfair prejudice
- Confusing the issues
- Misleading the jury
- Undue delay
- Wasting time
- Needlessly presenting cumulative evidence
What are subsequent remedial measures in legal context?
Subsequent remedial measures are actions taken after an injury or harm that make future injury less likely.
Are subsequent remedial measures admissible to prove negligence?
No, they are NOT admissible to prove negligence, defective product or design, or culpable conduct.
What is the rule regarding compromise offers or settlement negotiations?
Offers, conduct, or statements made during negotiations to settle or compromise are NOT admissible to prove a disputed claim, amount, or for impeachment purposes.
True or False: Offers to pay medical expenses are admissible to prove liability.
False
What types of pleas are NOT admissible against a defendant?
- Withdrawn guilty pleas
- No contest pleas
- Statements made while negotiating with prosecutors
- Statements made during plea negotiations
What is the admissibility of evidence regarding liability insurance?
Evidence of a person’s insurance status is NOT admissible to prove negligence but may be admitted for other purposes.
Define character evidence.
Character evidence is evidence of a person’s character or a specific character trait.
What are the three forms of character evidence?
- Reputation in the community
- Opinion testimony
- Specific instances
In civil cases, when is character evidence admissible?
Character evidence is NOT admissible for propensity purposes unless character is an essential element of a claim or defense.
What can a defendant present in a criminal case regarding character evidence?
The defendant may present positive character evidence that is pertinent to the crime charged.
What is M.I.M.I.C. in the context of specific instances of conduct?
M.I.M.I.C. stands for Motive, Intent, Absence of Mistake, Identity, or Common plan or preparation.
Fill in the blank: Evidence of a person’s ______ may be admitted to prove that on a particular occasion the person acted in accordance with the habit.
habit
What is the definition of impeachment in legal terms?
Impeachment refers to attacking a witness’s credibility.
True or False: A witness’s credibility can be bolstered before it is attacked.
False
What is the standard for admitting prior convictions to attack a witness’s credibility?
Evidence of a prior felony OR misdemeanor conviction involving dishonesty is usually always admissible.
What is required for prior inconsistent statements to be admissible?
Extrinsic evidence may only be introduced if the witness is given an opportunity to explain or deny the prior inconsistent statement.
What is the rule regarding sensory competence in witness credibility?
A witness’s credibility may be attacked by showing a deficiency in the ability to perceive, recall, or relate information.
What is the spousal immunity privilege?
A witness in a valid marriage may refuse to testify against her spouse in ANY criminal proceeding.
What is the difference between spousal immunity and confidential marital communications?
- Spousal immunity: Refusal to testify against spouse in criminal cases.
- Confidential marital communications: Privilege for communications intended to be confidential, applicable in both criminal and civil proceedings.
What is the attorney-client privilege?
Communications between an attorney and a client are privileged if made to facilitate legal services and intended to be confidential.
