Evidence

Question 1

Evidence has basic relevance if

Answer 1

1. Probative : it tends to make a fact more or less probable than without the evidence

and

2. Material: The fact is of consequence to the outcome of the case

Question 2

Discretionary relevance

Answer 2

If Unfair Prejudicial effect> Probative value of evidence

Then judge MAY exclude the evidence

Question 3

Specialized Relevance rules or Public Policy Exclusions ban

Answer 3

1. Subsequent remedial measures (yes to refute feasibility or ownership / control)
2. Attempts to compromise )yes for proving bias)
3. Payments/offers for med expenses (Very limited exclusion - other parts admissible)
4. Plea bargains or plea negotiations (Broad exclusion except if brought in by D first or re perjury/falsity)
5. insurance for liability or lack of (lim exclusion - ok for ownership)`

Question 4

Character Evidence that’s permissible beyond the ban can come in for

Answer 4

substance (probative)

or

weight (impeachment)

Question 5

General character propensity ban excludes

Answer 5

bringing in evidence of D’s general propensity/character trait to show D acted in conformance with that propensity/trait during incident in question

Question 6

Exceptions to gen char propensity ban

Answer 6

1. if criminal D offers own pertinent trait and P offers rebuttal evidence
2. criminal D offers victime pertinent trait and P offers rebuttal evidence

3.Pros offers Homicide victims trait of peacefulness to rebut first aggressor victim theory

4. to impeach witness

Question 7

Admissible char evidence by

Answer 7

reputation
or
opinion

Question 8

Exceptions to the ban on Char propensity evidence

Answer 8

Motive
Identity
Mistake
Intent
Common scheme or plan
Preparation
Opportunity
Knowledge

Question 9

Other Act three step

Answer 9

1. is there any reason other than propensity too bring evidence in?
2. Does it survive R 403?
3. Huddleston test : proponent must introduce “sufficient evidence” about the other act

Question 10

Habit evidence can

Answer 10

come in to show conforming to the habit during incident in question

Question 11

Impeachment methods

Answer 11

1. Non-char Based
   - bias
   - contradiction
   - prior inconsistent statement
2. Char based
   - opinion testimony
   - reputation testimony

• Specific acts ONLY on Cross Exam

Question 12

When is char evidence admissible in a civil case?

Answer 12

When char goes to the issue as one of the elements

Question 13

The Federal Rules of Evidence permit a party to cross-examine a witness regarding the witness’s prior act of misconduct only where the act __________.

Answer 13

is probative of truthfulness

Question 14

Lay Witness’s opinion testimony MUST be

Answer 14

1. rationally based on W’s perception,
2. helpful for clarification understanding of the W’s testimony or fact at issue, and
3. Not be based on Sci/Tech/Sp’l knowledge

Question 15

Expert Opinion Rules

Answer 15

Qualified
Understanding contributed to the jury’s own
Is based of sufficient facts + data
Reliable principles and methods underlying the testimony
Case : has expert reliably applied the methods and principles to the facts and data of this particular case?

Question 16

Expert’s opinion on Ultimate issue of a case

Answer 16

OK and permitted
Except in criminal case where D’s mental state is an element of crime/defense - Expert MUST NOT opine on the mental state

Question 17

Expert’s reliance on data, testing, blueprints etc on this case but not admissible by itself

Answer 17

Is OK and permitted: just don’t reveal the underlying data to jUry unless probative&raquo_space;> prejudicial and court permits

Question 18

Authentication tricks

Answer 18

1 - Testimony of witness w personal knowledge
2 - non expert opinion on handwriting w personal knowledge
3 - comparison (expert or by jury)
4 - distinct characteristics
5 - opinion identifying a voice
6 - about phone conversation by number assigned/person answering
7 - public records
8 - ancient documents
9 - evidence of process/system and its accuracy
10 - methods provide by statute/law

Question 19

Best Evidence Rules prefers _________ when ___________.

Answer 19

original of a writing/recording/photo

1. it is legally operative
2. when a witness’ knowledge of its contents comes from reading it first

Question 20

Hearsay

Answer 20

Out of court statement offered for the truth of the statement asserted

Question 21

Nonhearsay Fab Party 5

Answer 21

1. POW : Party’s own words
2. Adoptive statements (nonveerbal, silence)
3. Statement authorized by party
4. Statements by agent/employee
5. Statements by co-conspirator

Question 22

Non hearsay of Declarant Witness (not party)

Answer 22

1. Prior Inconsistent Statement :
   - for impeachment
   - also for the truth if prior statement was under Oath
2. Prior Consistent statements
   - rebut charges of bias/fabrication : pre-motive statement
   - rehabilitate
3. Identification : based on perception

Question 23

Impeachment with Extrinsic Evidence of a Prior Inconsistent Statement - how

Answer 23

Prior Inconsistent Statement: Earlier statement contradicts trial testimony

Extrinsic Evidence: Documents, recordings, or other witnesses.

Admissibility Requirements:

• Dec-Witness must have opportunity to explain or deny.
• Opposing party must be allowed to examine the witness about it.
• Statement must be material to a key issue in the case.

Question 24

Prior inconsistent statement - offered for truth - Not hearsay if

Answer 24

✅ Made under oath
✅ At a prior trial, hearing, or deposition
✅ Declarant is now testifying and subject to cross-examination

Question 25

Impeaching Unavailable Declarants

Answer 25

Permissible under FRE 806, even if they do not testify at trial. The same types of impeachment evidence admissible against a live witness may be used. If using a prior inconsistent statement, the declarant need not explain or deny it (no foundation requirement). Once attacked, the declarant’s credibility may also be rehabilitated with admissible evidence.

Question 26

Evidence Analysis Strategy

Answer 26

1. Civil or criminal case 2. Where in the proceeding: direct or cross 3. Who's the declarant? 4. WHo's the evidence offered against? 5. What purpose - truth - impeachment - propensity

Question 27

Impeachment methods

Answer 27

Non Char based - bias - sensory defect - contradictory facts Char Based - prior inconsistent statement ( even if not sworn - ok for impeachment) - prior convictions <10 yr old - - offense involves dishonesty - - felony (sub to R403 balancing) - prior bad acts - ONLY on cross if bearing on truthfulness

Question 28

Unavailable Witness Hearsay Exceptions

Answer 28

1. Former testimony under oath (w ask party having opportunity an motive to develop) 2. Statement against interest ( if against criminal D then with corroboration) 3. Dying Declaration. (against D and only in civl or crib homicide cases) 4. Forfeiture ( unlawfully D made W go away)

Question 29

Declarant Unavailable as Witness how

Answer 29

Privilege asserted Refusal to oblige Incapacity Subpoena, failure to comply with Memory failure

Question 30

Marital Privilege

Answer 30

- Asserted by either and on both - lasts after marriage over - only protects communications DURING marriage - available civl and scrim - no adverse party requirement EXCEPTION: - to further a crime/fraud, domestic violence case, or legal case between married parties

Question 31

Spousal immunity

Answer 31

- Held/assertable by witness spouse only - covers communications before or during marriage - ends when marriage is over - Only in crime cases when spouse could testify against defendant spouse EXCEPTIONS: furthering crime/fraud, inter spouse disputes, domestic violence

Question 32

Professional privilege

Answer 32

1. Confidential communications 2. to seek professional aide 3. client/patient holds the privilege

Question 33

Waiver of Privilege

Answer 33

- Formally in court - Voluntary: by telling another about talking to the professional - Inadvertent disclosure: did not take reasonable precautions

Question 34

A-C privilege exceptions

Answer 34

1. crime-fraud furtherance 2. client put legal service at issue 3. communication is re breach of duty by professional 4. re issue parties both claim through a common deceased client

Question 35

Confrontation Clause Violation When

Answer 35

- Admission of testimonial hearsay against criminal defendant - violates if: Dec unavailable now at trial no prior chance of cross exam by Defendant

Question 36

Residual Exceptions

Answer 36

1. Sufficient guarantees of trustworthiness 2. More probative on the asserted matter than anything else available to the proferring party 3. Notice and written disclosure to adverse party before trial/hearing

Question 37

Hearsay Exceptions : Immaterial of Declaration Witness availability

Answer 37

1. Present Sense impression 2. Excited Utterance 3. Present mental, physical state 4. Made for medical diagnosis/treatment 5. Business records made in the regular course of activity 6. Public records 7. Past Recollection recorded 8. Ancient Docment 9. Doc of property interest 10, vital statistics 11. Religious / Family records

Question 38

Hearsay Excceptions when Declarant Unavailable

Answer 38

1. Former testimony - under oath and adv party had opportunity and motive to develop testimony 2. statement against interest (if against criminal D with corroboration) 3. Dying Declaration (civil and crim-homicides only, and statement is about the cause of death) 4. Forfeiture

Question 39

Nonhearsay : Party

Answer 39

Party's own words POW Adoptive st Attributable by : - agent - predecessor in interest - partner - authorized spokesperson - emplyee(within scope) - co-conspirator

Question 40

Nonhearsay : Declarant Non party

Answer 40

Prior inconsistent - if for impeachment - as is - if for truth - only if under oath Prior consistent statement - to rebut charges of bias or fabrication - to rehabilitate Prior identification - Dec Wit is at trial on cross eexam

Question 41

Non-hearsay : Adoptive nonverbal statement by party's silence

Answer 41

1. Party heard the statement by another 2. was capable of responding physically and mentally 3. a reasonable person under the circumstances would've responded

Question 42

Prior inconsistent statement : Foundation requirements for Extrinsic Evidence of proof

Answer 42

1. relevant to case : and not collateral matter 2. Dec- Wit given opportunity to deny / explain statement 3. Adv party got opportunity to examine Dec With re statement

Question 43

When is extrinsic evidence allowed for impeaching a witness?

Answer 43

Rule 607–609: Key Grounds for Impeachment Using Extrinsic Evidence ✅ Permitted Uses of Extrinsic Evidence: Bias, interest, or motive to lie Always admissible. Rule 607 (any party may impeach). Prior inconsistent statement – Rule 613(b) Allowed if the statement is non-collateral (i.e., material). Witness must be given a chance to explain or deny, unless it's a hearsay declarant under Rule 806. Criminal convictions – Rule 609 Extrinsic evidence admissible to prove a qualifying conviction: Crimes involving dishonesty or false statement (admitted automatically). Felonies (admitted subject to Rule 403 balancing test for non-defendants). Reputation or opinion for untruthfulness – Rule 608(a) Extrinsic testimony by another witness allowed. Impairment of perception or memory (sensory defects) Always admissible if it affects the witness's ability to perceive or recall. ❌ Not Permitted: Specific instances of conduct (e.g., bad acts showing untruthfulness) – Rule 608(b) Can be asked about on cross-examination only. Extrinsic evidence is prohibited. Collateral matters No extrinsic evidence allowed solely to contradict a witness on immaterial points.

Question 44

Under the Federal Rules of Evidence, in which of the following situations is extrinsic evidence admissible to impeach a witness? A. To prove the witness lied about what they ate the morning of the incident (collateral matter) B. To show the witness has a prior felony conviction involving dishonesty C. To prove the witness committed a prior bad act (not resulting in conviction) showing dishonesty D. To contradict the witness’s minor mistake about the weather on the day of the event

Answer 44

✅ Correct: B. Prior felony conviction involving dishonesty Under Rule 609, extrinsic evidence is admissible to impeach with qualifying convictions, especially for crimes involving dishonesty or false statement. ❌ Incorrect Answers: A. Collateral matter → Extrinsic evidence not allowed (collateral matters cannot be disproven with extrinsic evidence). C. Prior bad acts without conviction → Only allowed on cross-examination, and extrinsic evidence is barred (Rule 608(b)). D. Minor factual errors (e.g., weather) → Also collateral, so extrinsic evidence is not admissible.