EVIDENCE

Question 4

What is the requirement for evidence to be admissible?

Answer 4

Evidence must be relevant in order to be admissible.

Question 5

What makes evidence relevant?

Answer 5

Evidence is relevant if it is probative and material.

Question 6

What does probative mean?

Answer 6

Probative means it has any tendency to make a fact more or less probable than it would be without the evidence.

Question 7

What does material mean?

Answer 7

Material means it is a fact of consequence in determining the outcome of the action.

Question 8

Who determines the relevance of evidence in a jury trial?

Answer 8

The jury determines whether the offered evidence is relevant to the issues in the case.

Question 9

What is the judge’s role regarding evidence?

Answer 9

The judge determines whether the evidence is competent to be admitted at all.

Question 10

What is the standard of proof in civil cases?

Answer 10

The standard of proof in civil cases is the preponderance of evidence.

Question 11

What is the standard of proof in criminal cases?

Answer 11

The standard of proof in criminal cases is beyond a reasonable doubt.

Question 12

What can the court do under Rule 403?

Answer 12

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or being needlessly cumulative.

Question 13

Are subsequent remedial measures admissible to prove negligence?

Answer 13

No, evidence of remedial measures is not admissible to prove negligence or culpable conduct.

Question 14

Can settlement offers be used to prove the validity of a claim?

Answer 14

No, settlement offers or negotiations are not admissible to prove or disprove the validity of a claim.

Question 15

What is the rule regarding plea discussions?

Answer 15

Plea discussions are not admissible against the defendant to show withdrawn guilty pleas or no contest pleas.

Question 16

Is liability insurance admissible to prove negligence?

Answer 16

No, liability insurance is not admissible to show whether a party acted negligently or wrongfully.

Question 17

Is character evidence admissible to prove propensity?

Answer 17

Character evidence is not admissible to prove propensity.

Question 18

When is character evidence allowed?

Answer 18

Character evidence is allowed for non-propensity purposes or when character is an essential element of charge or defense.

Question 19

What are the methods of proving character?

Answer 19

Character can be proven through reputation, opinion, or specific instances.

Question 20

What is the admissibility of character evidence in civil cases?

Answer 20

In civil cases, character evidence is not admissible for propensity purposes unless character is an essential element of a claim or defense.

Question 21

What is the rule for character evidence in criminal cases?

Answer 21

In criminal cases, the prosecution cannot introduce evidence of the defendant’s bad character.

Question 22

What can a defendant do regarding their character in a criminal case?

Answer 22

The defendant can introduce evidence of their own good character if pertinent to the crime charged.

Question 23

What is M.I.M.I.C. in relation to specific instances of conduct?

Answer 23

M.I.M.I.C. stands for Motive, Opportunity, Intent, Absence of Mistake or Plan, Identity, or Common Plan or Scheme.

Question 24

What is habit evidence?

Answer 24

Habit evidence is admissible in civil cases to show a person or organization acted in accordance with habit or routine.

Question 25

What is impeachment in legal terms?

Answer 25

Impeachment is the process of casting an adverse reflection on the veracity of a witness' testimony.

Question 26

What are prior inconsistent statements?

Answer 26

Prior inconsistent statements are admissible to impeach a witness if made under oath.

Question 27

What is the rule regarding prior convictions for impeachment?

Answer 27

Prior convictions can be used to attack credibility if they are felonies or misdemeanors involving dishonesty, within 10 years.

Question 28

What is the requirement for a witness's prior consistent statements?

Answer 28

Prior consistent statements are admissible to rebut claims of lying if made before the motive to fabricate arose.

Question 29

What is hearsay?

Answer 29

Hearsay is an out-of-court statement offered into evidence to prove the truth of the matter asserted.

Question 30

What is the non-hearsay rule?

Answer 30

An out-of-court statement introduced for any purpose other than to prove the truth of the matter asserted is not hearsay.

Question 31

What is the unavailability requirement for hearsay exceptions?

Answer 31

A declarant is unavailable if they assert a privilege, refuse to testify, are incapacitated, fail to comply with a subpoena, lack memory, or are deceased.

Question 32

What is a dying declaration?

Answer 32

A dying declaration is a statement made by a declarant who believes death is imminent, regarding the cause or circumstances of death.

Question 33

What is a present sense impression?

Answer 33

A present sense impression is a statement describing an event made while or immediately after the declarant perceived it.

Question 34

What is an excited utterance?

Answer 34

An excited utterance is a statement made while the declarant was under the stress of excitement caused by a startling event.

Question 35

What is a 'terance' in legal terms?

Answer 35

A statement relating to a startling event or condition made while the declarant was under the stress or excitement that it caused. ## Footnote The declarant's emotional state is key.

Question 36

What does 'Present Mental State/then-existing' refer to?

Answer 36

It refers to a then-existing state of mind (motive, intent, or plan) or emotional, sensory, or physical condition. ## Footnote Usually used to show intent to do something in the future (but not past).

Question 37

What qualifies as 'Medical Diagnosis or Treatment' statements?

Answer 37

Statements made for and reasonably pertinent to medical diagnosis or treatment, describing medical history, past or present symptoms or sensations. ## Footnote Statements that admit fault will be excluded and do not have to be made by a doctor but must relate to treatment.

Question 38

What is 'Past Recollection Recorded'?

Answer 38

A record on a matter that the witness once knew about but now cannot recall well enough to testify fully and accurately. ## Footnote Admissible if the witness had knowledge at one time, made while the matter was fresh in memory, and the witness can no longer remember it.

Question 39

What are 'Business Records'?

Answer 39

A record of events, conditions, opinions, or diagnoses kept in the course of regularly conducted activity of a business, made at or near the time by someone with knowledge. ## Footnote Police reports are business records in civil, not criminal cases.

Question 40

What constitutes 'Public Records'?

Answer 40

Records and reports of public agencies regarding their activities, including records of births, deaths, and marriages. ## Footnote Absence of public record is admissible to show non-existence.

Question 41

What are 'Learned Treatises'?

Answer 41

Statements from authoritative works admitted if called to the attention of an expert witness and established as a reliable source. ## Footnote May be used to impeach an expert and as substantive evidence once established as reliable authority.

Question 42

What is the 'Confrontation Clause'?

Answer 42

Gives criminal defendants the right to confront witnesses against them if the statement is testimonial, the witness is unavailable, and the defendant never had a chance to cross the declarant about it. ## Footnote Unless the statement was made during an ongoing emergency to aid police (e.g., 911 call), which is not testimonial.

Question 43

What does 'Attorney-Client Privilege' protect?

Answer 43

Confidential communications between attorney and client to facilitate legal services if intended to be confidential and made during professional legal consultations. ## Footnote Applies to legal assistance, consultant, or agent of attorney; client holds privilege and may waive if disclosed to a third party.

Question 44

What is 'Physician-Patient Privilege'?

Answer 44

There is no federal privilege; only states recognize it. ## Footnote Applies to confidential patient communications made to a physician for medical diagnosis or treatment.

Question 45

What is 'Spousal Immunity'?

Answer 45

Witness spouse may refuse to testify against spouse in criminal cases. ## Footnote Applies only in criminal proceedings and includes all communications and impressions.

Question 46

What is 'Confidential Marital Communication'?

Answer 46

Communications between spouses are privileged if made during the course of marriage and intended to be confidential. ## Footnote Both spouses hold privilege, and it survives divorce, applying to both criminal and civil proceedings.

Question 47

What is required for 'Authentication' of evidence?

Answer 47

Real or demonstrative evidence must be relevant and authenticated, identified as being what the proponent claims it to be. ## Footnote Voice, writing, and photos can be authenticated by familiar persons.

Question 48

What is the 'Best Evidence Rule'?

Answer 48

Arises when the contents of a writing are in dispute; original writing/recording/photo must be produced unless the original is unavailable or it's a reliable duplicate. ## Footnote The Rule of Completeness allows an adverse party to require the introduction of the whole or other parts of the recording/writing.