Evidence - Relevancy

Question 1

Under Federal Rule of Evidence 404, is evidence of a person’s character generally admissible to prove that the person acted in accordance with that character?

Answer 1

No, it is generally inadmissible.

Question 2

What is the exception under Federal Rule of Evidence 404 that allows criminal defendants to introduce character evidence?

Answer 2

Testimony regarding good character if it is pertinent to the charged crime.

Question 3

In which type of cases does the exception allowing testimony about good character apply?

Answer 3

Criminal cases.

Question 4

In the context of Federal Rule of Evidence 404, what character trait might be pertinent to violent crimes such as battery?

Answer 4

Peacefulness.

Question 5

Is testimony regarding a defendant’s reputation for peacefulness admissible in civil cases?

Answer 5

No, it should be excluded.

Question 6

Under Federal Rule of Evidence 608, when may evidence be offered to support a witness’s character for truthfulness?

Answer 6

Only after that character has been attacked.

Question 7

What must occur before a party can offer evidence supporting a witness’s character for truthfulness according to Federal Rule of Evidence 608?

Answer 7

The character for truthfulness must be attacked.

Question 8

What happens to testimony regarding the defendant’s truthful reputation if there is no indication that his character for truthfulness has been attacked?

Answer 8

It should be excluded.

Question 9

Fill in the blank: The character-evidence exception allowing criminal defendants to introduce testimony regarding a pertinent character trait does not apply in _______.

Answer 9

civil cases.

Question 10

What does MIMIC stand for in the context of noncharacter purposes for admitting crime or bad acts?

Answer 10

Motive, Intent, Absence of Mistake, Identity, Common plan or scheme

MIMIC is an acronym used to remember the specific noncharacter purposes for which evidence of prior crimes or bad acts may be admitted.

Question 11

What is the significance of the Absence of Mistake?

Answer 11

To negate mistake or accident & prove deliberate act

This aspect is important for demonstrating that the behavior was intentional rather than accidental.

Question 12

What does Common plan or scheme refer to?

Answer 12

To show preparation or planning

This purpose emphasizes the organized nature of the defendant’s actions leading up to the crime.

Question 13

What can evidence of prior crimes demonstrate in terms of knowledge?

Answer 13

To show knowledge of crime, opportunity to commit crime, consciousness of guilt, etc.

This can help establish a context that supports the prosecution’s case against the defendant.

Question 14

True or False: Evidence of prior crimes is admissible to prove a person’s character.

Answer 14

False

Evidence of prior crimes is not allowed to show that a person acted in accordance with their character on a specific occasion.

Question 15

What is an example of how prior bad acts may be relevant in a case?

Answer 15

To establish a pattern of operation or scheme

For instance, a factory worker’s history of assaulting individuals can be used to show that he did not act in self-defense.

Question 16

What is circumstantial evidence?

Answer 16

Evidence that allows fact finder to infer a fact

Examples include fingerprints or behaviors that suggest involvement in a crime.

Question 17

What is direct evidence?

Answer 17

Evidence that establishes a fact

An example is testimony from a witness who saw the defendant at the crime scene.

Question 18

Give an example of direct evidence.

Answer 18

Testimony that a witness saw the defendant at the crime scene.

Question 19

What are methods of impeaching a witness?

Answer 19

Methods include:
* Character for truthfulness
* Self-interest / bias
* Prior inconsistent statement
* Specific contradiction
* Sensory abilities

Question 20

What constitutes a prior inconsistent statement?

Answer 20

A witness’s prior statement inconsistent with present testimony.

Question 21

What type of evidence contradicts a witness’s testimony on a material issue?

Answer 21

Evidence directly contradicting witness’s testimony.

Question 22

What factors can impair a witness’s sensory abilities?

Answer 22

Physical condition, mental condition, or environmental factors.

Question 23

What defines a party-opponent statement?

Answer 23

• Made or adopted by party
• Made by agent, employee, coconspirator, or authorized person

Question 24

What are the exceptions for an unavailable declarant?

Answer 24

• Former testimony
• Dying declaration
• Statement against interest
• Personal/family history
• Against party that wrongly caused declarant’s absence

Question 25

What is a statement against interest?

Answer 25

A hearsay statement that a reasonable person in the unavailable declarant's position would only make if it were true.

Question 26

What are the conditions that make a statement against interest?

Answer 26

It must be contrary to the declarant's proprietary or pecuniary interest, tend to invalidate the declarant's claim against someone else, or expose the declarant to civil or criminal liability.

Question 27

Fill in the blank: A statement against interest must be contrary to the declarant's _______.

Answer 27

[proprietary or pecuniary interest]

Question 28

List the three conditions that qualify a statement as a statement against interest.

Answer 28

* Contrary to declarant's proprietary or pecuniary interest * Tends to invalidate declarant's claim against someone else * Exposes declarant to civil or criminal liability

Question 29

Is character evidence admissible in civil cases?

Answer 29

Yes, character evidence is admissible in civil cases. ## Footnote It is an essential element that either party may present to support a claim or defense.

Question 30

What types of testimony can be used as character evidence?

Answer 30

Character evidence can include: * Reputation testimony * Opinion testimony ## Footnote These types of testimony can be used to establish the character of a party.

Question 31

What can the opposing party do if a party testifies about their character?

Answer 31

The opposing party may show the party-witness's untruthfulness by: * Challenging their reputation * Questioning their opinion testimony * Cross-examining the witness ## Footnote This can include presenting evidence of a conviction.

Question 32

What is required for a party to rebut character evidence?

Answer 32

A party may rebut character evidence by: * Cross-examining the opposing party's witness * Examining its own witness * Presenting reputation or opinion testimony ## Footnote This allows the party to challenge the credibility of the character evidence presented.

Question 33

Fill in the blank: Evidence of a party's character is an _______ element in civil cases.

Answer 33

[essential] ## Footnote Essential elements are crucial for supporting claims or defenses.

Question 34

True or False: Character evidence can only be presented by the party who is accused.

Answer 34

False ## Footnote Either party may present character evidence to support their claims or defenses.

Question 35

What type of evidence is admissible to show propensity in cases of sexual misconduct?

Answer 35

Evidence of prior sexual misconduct by the accused party is admissible. ## Footnote This type of evidence can be used to demonstrate a propensity to engage in similar behavior.

Question 36

What are common methods for authenticating documents?

Answer 36

Common methods include: * Ancient documents & data compilation * Public records * Reply letters * Handwriting analysis * Self-authenticating methods (FRE 901)

Question 37

What is the significance of a document being at least 20 years old when offered?

Answer 37

It helps establish authenticity and reduces suspicion.

Question 38

What conditions must be met for a document to be considered self-authenticating?

Answer 38

Conditions include: * No suspicion about authenticity * Document was in a place where authentic documents are likely kept * Recorded or filed in public office as authorized by law

Question 39

What is required for a document written in response to communication to be considered authentic?

Answer 39

The contents must make it unlikely that the response was written by someone other than the recipient of the first communication.

Question 40

What role does expert testimony play in document authentication?

Answer 40

An expert witness or trier of fact compares authenticated documents against disputed handwriting or other identifiers.

Question 41

What is the difference between expert and non-expert opinion in handwriting analysis?

Answer 41

Expert opinion is provided by a qualified witness, while non-expert opinion is given by someone with personal knowledge of authentic handwriting not acquired for litigation.

Question 42

What types of documents are considered self-authenticating?

Answer 42

Types include: * Public documents with official's signature * Certified copies of public records * Records of regularly conducted activities * Newspapers, periodicals & official publications * Documents with trade inscriptions * Acknowledged documents * Commercial papers, including signature & related documents

Question 43

What is hearsay?

Answer 43

A statement made outside of court that is offered to prove the truth of the matter asserted.

Question 44

What is required for a statement to be admissible under hearsay exceptions?

Answer 44

The declarant must be unavailable.

Question 45

List the grounds for a declarant's unavailability.

Answer 45

* Unable to testify due to death * Unable to testify due to physical or mental illness * Exempt from testifying due to privilege * Refusal to testify despite a court order * Testifying that they do not remember the subject matter

Question 46

What happens if a declarant refuses to testify?

Answer 46

They may be considered unavailable for hearsay exceptions.

Question 47

What is the significance of the statement being made by the declarant?

Answer 47

It is not sufficient alone to establish hearsay exceptions.

Question 48

What does it mean if a declarant is considered unavailable?

Answer 48

They cannot provide testimony due to various specified reasons.

Question 49

What is one example of a privilege that may exempt a declarant from testifying?

Answer 49

Attorney-client privilege.

Question 50

What is the implication of a declarant's unavailability on hearsay evidence?

Answer 50

It allows for certain statements to be admissible despite the hearsay rule.

Question 51

What is testimonial evidence?

Answer 51

Evidence made primarily for the purpose of criminal investigation or prosecution, such as witness statements made after apprehension of suspect ## Footnote Examples include grand jury testimony, lab results, transcripts of prior testimony, and affidavits.

Question 52

What is nontestimonial evidence?

Answer 52

Evidence not primarily made for the purpose of criminal investigation or prosecution, including statements made before apprehension of suspect ## Footnote Nontestimonial evidence may include ongoing emergency assistance statements.

Question 53

Fill in the blank: Statements made to assist police in ongoing emergency are considered _______.

Answer 53

[nontestimonial] ## Footnote An example includes 911 calls.

Question 54

What are some examples of nontestimonial evidence?

Answer 54

* Statements made to assist police in ongoing emergency * 911 calls * Jail booking records ## Footnote These pieces of evidence are typically collected in the context of ongoing situations.

Question 55

What is the term used for a statement that reflects a person's state of mind?

Answer 55

State of mind ## Footnote Refers to a person's motive, intent, or plan.

Question 56

What type of statements are admissible as substantive evidence regarding a person's emotional or physical condition?

Answer 56

Fear, pain, bodily health ## Footnote These statements reflect the declarant's emotional or physical state.

Question 57

What is an example of a statement that may be inadmissible under FRE 803(3)?

Answer 57

Reflection on prior event or belief about matter ## Footnote Such statements are inadmissible unless related to the declarant's will.

Question 58

What type of statement is admissible as evidence of motive, intent, or plan?

Answer 58

State of mind statement ## Footnote These statements provide insight into the declarant's mental state.

Question 59

Fill in the blank: A statement reflecting a _______ is admissible under FRE 803(3) as substantive evidence.

Answer 59

state of mind