Evidence Essay

Question 1

Hearsay

Present Sense Impression

Answer 1

Is a statement made about what the declarent perceived at the the event or immediately there after.

Question 2

Character Evidence

Past Criminal Conduct

Answer 2

Extrinsic evidence of the defendants past criminal or misconduct is inadmissible if such evidence is offered solely to establish a criminal disposition.

Prior Bad Acts:
- such evidence is admissible to prove motive, opportunity, identity or some other specific issue other than the defendants character.

Question 3

Evidence Essay Remember

Answer 3

1) Always define relevant evidence and its probative with analysis on both
2) Any time you see a document or any real evidence think of authentication
3) if evidence is a writing always talk about BEST EVIDENCE RULE
4) If it doesn’t apple STILL TALK ABOUT IT!!!

Question 4

Authentication Essay

Photograph

Answer 4

All real or documentary evidence must be authenticated as genuine and that it is what it purports to be.

• Photograph are admissible only if identified by a witness as a portrayal of relevant facts verified as a correct rep of fact.

Best Evidence:
* When proving the contents of a writing including a photograph, the original must be produced.

403 Balancing:
NV, must be excluded if the result of the work would be unfair prejudice

Question 5

Physician - Privilege (NV)

Answer 5

In Nevada, confidential communication between a physician and a patient are privileged

• However, the privilege is not applicable where the plaintiff puts his physical condition at issue.

Question 6

Hearsay Exception

Past Bodily Condition

Answer 6

Admissible as an exception to Hearsay when made to medical personnel to assist in diagnosis or treatment to the condition and can include statement regarding causality if pertinent to treatment.

Question 7

Hearsay Exception

Public Records

Answer 7

Records and reports of public agencies are admissible if the set forth the activities of agency, matter observed pursuant to the duty imposed by law or factual finding resulting from an investigation made pursuant to same duty.

Question 8

Evidence

Attorney Client Privilege

Answer 8

Confidential communication between an attorney and a client, made during professional consultation are privilege from disclosures.

• In Nevada, a communication is “confidential” if it is not intended to be disclosed to a third person.
• an unknown eavesdropper does not destroy the privilege and cannot testify.

Question 9

Subsequent Remedial Measure

Nevada
Exception to inadmissibility

Answer 9

Is admissible to rebut a claim of “no feasible precaution”

NV: Product Liability
* Further, NV allows evidence of subsequent remedial measure in cases alleging product liability defect some negligent is not an issue in such a case.

Question 10

Best Evidence

Lost or Destroyed

Answer 10

Testimony is admissible to prove the content of a writing that has been lost or destroyed through no fault of the proponent.

Question 11

Hearsay Catch All

Answer 11

In Nevada, a statement is not pushed out by the hearsay rule if the nature and the special circumstances under which it was made offer assurance of accuracy not likely to be enhanced by calling the declarent as a witness even though he is available.

Question 12

Hearsay Exception

Declaration of Physical Condition

Answer 12

Present
* a SPONTANEOUS statement of present bodily condition is admissible as an exception even though not made to a physician.

Past
* A statement made about past bodily conditions is admissible as an exception t hearsay when made to medical personel to assist in diagnosis or treat condition.