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NY/ MBE Bar Study > Evidence 2.0 > Flashcards

Flashcards in Evidence 2.0 Deck (27)
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What are 4 exampels of things that could affect a witnesses' perception/ memory that can be used to impeach a witness?

1. bad eyesight/ hearing
2. mental retardation
3. forgetfulness
4. intoxication at time of event/ on witness stand


What are the 3 reqs for a certified business record to be admissible under the hearsay exception?

1. be certified by someone w/ in business
2. who knows records regularly made &
3. docs made in regular way at time of event recorded in record


How can a photo(s) be authenticated?

by witness testifying based on personal knowledge that photo is accurate


What are 5 examples of self-authenticating docs?

1. official publication
2. certified copies of public/ private docs
3. newspaper/ periodicals
4. commerical paper
5. certified business records


In civil case, when is character evidence admissible? (propensity)

when character is material issue in case (ex defamation) otherwise inadmissible


In crim case, when may character evidence be admissible? (propensity)

D introducing evidence of own good character for relevant trait
-prosecution may rebut w/ evidence of bad character for same trait


In civil case, what 3 methods for providng character can be used?

1. specific acts
2. opinion tests
3. reputation test


In crim case, what 2 methods of proving character can be used?

2. or opinion testimony
(no specific acts)


What does propensity evidence mean?

evidence person acted in conformity w/ character trait on particular occasion in question (ususally inadmissible)


When are Ds other crimes/ specific bad acts admissible? (other than to rebut Ds good character assertion)

When offered for some purpose other than propensity


What are the 5 purposes that a Ds other crimes/ bad acts can be admitted to show?

1. motive
2. intent
3. mistake/ accident
4. ID (D commited crime in same area/ day & modus operandi)
5. common scheme/ plan


What is the burden of proof for MIMIC submissions?

Preponderance of the evidence


May the prosecution offer evidence of Ds prior sexual assaults/ child molestation to prove propensity?

Yes, such evidence is admissible, convictions not needed


In what 2 situations is a plantiffs accident history admissible?

To show:
1. fradulent scheme/ plan
2. causation (body part P claims injured was result of previous accident)


What makes evidence relevant? (2)

1. involves material fact (materiality) that
2. tends to make that fact more or less probable than without evidence (probability)


If a party seeks to prove the contents of a writing, what must the party produce? (best evidence rule)

original writing OR acceptable excuse for its absence


What 3 things are not covered by the attorney-client priviledge?

1. underlying info
2. pre-exisiting docs
3. physical evidence


What 4 conditions must be shown for an expert opinion to be given by a witness? (4)

1. witness is qualified by education or experience
2. testimony is about subject matter where scientific, technical/ specialized knowledge will be helpful to jury
3. witness' opinion has proper basis
4. witness' opinion is reliable


What are the 4 parts of the reliability standard for scientific evidence given by an expert?

Daubert Standard (MBE)
1. tested
2. known rate of error
3. subject to peer-review
4. generally accepted


What are the 3 attorney work products?

1. Writing that reflects opinion
2. legal research
3. Theories (in writing)


In what 2 situations does the marital communication priviledge not apply?

when comm. in furtherance of
1) crime or fraud
2) destruction of family unit (es spousal/ child abuse)


What is the marital communications priviledge?

Covers/ exculdes all confidental communications between married spouses. Includes non-verbal.
-can be wavied by either spouse


What is spousal immunity?

1 spouse does not have to testify against another in crim case as long as D & witness are married
-can be waived by witness spouse


What type of doctor-patient relationships are recognized under the docter-patient priviledge?

All professionals considered doctors (physiotherapists/ physicians)


What type of religions are covered by the clergy priviledge?

confidential communication w/ clergy in religion that requires confidences be kept


What does the attorney-client priviledge apply to?

confidental communication between attorney and client made DURING professional legal consultation (not social advice)
-may be waived by client


What 3 conditions must be shown for a photo to be used as evidence (silent witness)?

1. camera working
2. film removed, developed properly
3. film not tampered