Evidence

Question 1

When criminal defendant introduces the victim’s pertinent trait, what can the P show?

Answer 1

D’s bad character AND victim’s good character

Question 2

403 Balancing Test

Answer 2

Court may exclude evidence if it’s probative value is substantially outweighed by its prejudicial effect

Question 3

MIMIC

Answer 3

Motive
Intent
Absence of Mistake
Identity
Common Plan or Scheme

Question 4

Can the prosecutor speculate about D’s specific bad acts when crossing a character witness?

Answer 4

NO, must be asked in good faith

Question 5

When does the best evidence rule apply?

Answer 5

When a witness is relying on the document while testifying, OR
When the contents of the document are at issue

Question 6

Does the remedial measures exclusion apply to actions taken before the P was injured?

Answer 6

NO, only subsequent remedial measures

Question 7

Does it matter if the witness is available or unavailable for prior identification hearsay?

Answer 7

YES, the witness must be available and subject to cross examination

Question 8

When are judgements for acquittal admissible?

Answer 8

NEVER because they merely establish the prosecution failed to meet its burden of proof

Question 9

When is character evidence admissible in civil trials?

Answer 9

The character-evidence exception allowing criminal defendants to introduce testimony regarding a pertinent character trait does not apply in civil cases. And any party may offer evidence to support a witness’s character for truthfulness only after it has been attacked.

Question 10

Standard of review for new trial

Question 11

When does a federal court apply state law to determine the effects of a presumption on a claim or defense?

Answer 11

When state law supplies the rule of decision for a claim or defense

Question 12

When may a criminal D offer reputation or opinion testimony concerning his/her good character?

Answer 12

When it is for a trait pertinent to the charged crime

Question 13

Do arrests alone qualify as bad acts admissible to attack a witness’s character for truthfulness?

Answer 13

NOPE, not if there is no conviction

Question 14

When can a prior inconsistent statement that was NOT made under oath be admitted?

Answer 14

For impeachment purposes

Question 15

When can a co-conspirator’s statement be admitted?

Answer 15

When it was made during and in furtherance of the conspiracy

Question 16

When is testimony based on a document (that could be introduced) okay?

Answer 16

When it goes to a collateral (unimportant or undisputed) issue or fact

Question 18

What is the hearsay exception for absent public records?

Answer 18

Testimony by a public official that a diligent search failed to disclose a public record is admissible to prove the record does not exist if the public office regularly kept records for a matter of that kind

Question 19

Can a D waive his protection for statements made during plea negotiations?

Answer 19

Yes, if it is made knowingly and voluntarily

Question 20

403 Balancing Test for criminal convictions in a civil case

Answer 20

Is the probative value substantially outweighed by prejudicial effect?

Question 21

Authentication for X-Rays and Electrocardiograms

Answer 21

Evidence showing accurate process was used, machine was working properly, machine operator was qualified, and chain of custody

Question 22

What should a court determine when deciding if there is sufficient proof of relevance?

Answer 22

Whether the jury could reasonably find the conditional fact by a preponderance of the evidence

Question 23

When determining if evidence is admissible, what can a court consider?

Answer 23

ANY relevant evidence tending to establish the facts

Question 24

When inadmissible evidence is improperly admitted against a party, can the wronged party bring in additional inadmissible evidence to rebut it?

Answer 24

YES, this is meant to remedy the prejudicial effect caused by the previously admitted evidence.

Question 25

Can a defendant bring in evidence regarding their truthfulness when they are charged with a violent crime?

Answer 25

NO, only if character for truthfulness has been attacked. ## Footnote Truthfulness is not a pertinent character trait for violent crimes

Question 26

MIMIC ## Footnote When character evidence is admissible

Answer 26

1. Motive 2. Intent 3. Mistake/accident (or absence of) 4. Identity 5. Common plan/scheme

Question 27

Can extrinsic evidence be used to impeach a witness re: a collateral matter?

Answer 27

NO

Question 28

What does a jury determine in re: testimony to prove contents of documents (when document has been lost/destroyed)

Answer 28

The jury determines any issue of whether (1) an asserted document ever existed, (2) another document is the original, or (3) other evidence of content accurately reflects the content.

Question 29

When can other evidence be used to prove contents of a document?

Answer 29

* originals lost or destroyed (not by proponent's bad faith), * originals not attainable by judicial process, * opponent had original, knew it was required & failed to produce, or * content not closely related to controlling issue

Question 30

When is evidence of sexual predisposition admissible in a civil case?

Answer 30

If the court determines, at an in camera hearing, that the probative value of the evidence substantially outweighs the danger of harm to the victim and unfair prejudice to any party

Question 31

Is a statement offered to show that a party had notice of a relevant fact or condition hearsay?

Answer 31

NO

Question 32

Former testimony exception requirements

Answer 32

(1) given at a trial, hearing, or deposition in the same case or a different proceeding and (2) offered against a party who—or whose predecessor in interest— had an opportunity and similar motive to develop that testimony.

Question 33

When is ONLY intrisic evidence allowed for impeachment?

Answer 33

Specific instance of conduct involving a bad act ... all others can use extrinsic evidence

Question 34

Marital-Communications Privilege

Answer 34

Protects against disclsure of confidential spousal communications made during marriage in criminal and civil cases ## Footnote BOTH SPOUSES HOLD THIS PRIVILEGE

Question 35

Spousal Immunity

Answer 35

Shields witness-spouse from testifying against spouse in criminal case about matters that occurred before or during marriage ## Footnote WITNESS-SPOUSE holds this and can waive - only active during marriage

Question 36

What is the requirement for demonstrative evidence to prove how an accident happened?

Answer 36

The conditions must be substantially similar to the incident at issue

Question 37

When are offers of compromise or statements made during compromise negotiations admissible?

Answer 37

To: 1. Prove witnesse's bias or prejudice, 2. Negate contention of undue delay, or 3. Proving effort to obstruct criminal investigation or prosecution

Question 38

When are leading questions okay during direct?

Answer 38

1. Witness is a child or adult with difficulty communicating, 2. The question is necessary to help develop the witness's testimony (to establish a preliminary matter that is not in dispute), OR 3. The witness is aligned with an adverse party (hostile witness)

Question 39

When is hearsay admissible when an expert relied on it to form his opinion?

Answer 39

1. It is excluded or excepted from the hearsay rule, or 2. Its probative value in helping the jury evaluate the expert's opinion substantially outweighs its prejudical effect

Question 40

Who can authenticate a physical object by comparison?

Answer 40

Either an expert in the field or the trier of fact (judge/jury)