Purple Flashcards
What is hearsay?
An out of court statement used to prove the truth of the matter asserted.
What is relevancy?
The tendency to make the existence of any fact of consequence more or less probable.
What is liability insurance inadmissible to prove?
Negligence or wrongful conduct
What is liability insurance admissible to prove?
Ownership/control or bias
What are subsequent remedial measures inadmissible to prove?
Negligence, culpable conduct, defect, or need for warning/instruction
What are subsequent remedial measures admissible to prove?
Ownership/control, feasibility, destruction of evidence
What are settlements/negotiations inadmissible to prove?
Validity/amount of a claim or to impeach.
What are settlements/negotiations admissible to prove?
Negligence in a disputed claim
What are plea discussions inadmissible to prove?
Offers to plead guilty, withdrawn guilty pleas, no-contest pleas, statements in plea discussions.
What are offers to pay medical expenses inadmissible to prove?
Liability
When is evidence of prior specific acts admissible?
If the acts are relevant to some other issue other than disposition to commit the crime charged.
Two exceptions to the inadmissibility of a victim’s past sexual behavior:
- In criminal cases to prove someone other than D was the source of injury, physical evidence, or to show consent.
- In civil cases, evidence where the probative value outweighs the prejudicial effect.
Is D’s similar misconduct in sex crimes admissible?
Yes; admissible for any relevant purpose.
All forms of character evidence is admissible when:
The character trait is an essential element directly in issue (defamation, negligent hiring/entrustment, child custody)
What is evidence of other crimes, wrongs, or acts admissible to prove?
MIMIC
- Motive
- Intent
- Mistake (absence of)
- Identity
- Common plan/scheme
Is extrinsic evidence permissible regarding other crimes, wrongs, or acts?
No
What is the rule on authentication?
A writing or secondary evidence will not be received in evidence unless it is authenticated.
Who can testify to a documents authenticity of a signature?
Anyone as long as they have seen the person’s signature and can express an opinion regarding its authenticity.
What is the best evidence rule?
To prove the content of a document, the original must be produced or show that the original is unavailable.
3 times secondary evidence is admissible:
- Original is lost or destroyed
- Original cannot be obtained
- Original is in possession of an adversary who fails to produce it.
5 requirements of physical evidence:
- Relevant
- Authenticated
- Held in an unbroken chain of possession
- Allow the jury to determine its genuineness
- In the same condition at trial as it was at the relevant time
4 things jurors may testify to:
- Extraneous prejudicial information
- Outside influence
- Mistake in verdict form
- Another juror’s clear statement that they relied on racial stereotype
3 requirements of admissible lay witness testimony:
- Rationally based on the witnesses perception
- Helpful
- Not based on specialized knowledge
4 requirements of admissible expert opinion testimony:
- Helpful
- Based on sufficient facts/data
- Reliable
- Witness is qualified by specialized skill, knowledge, experience, training, or education
4 Daubert factors for the court to determine an experts reliability:
TRAP
- Testing of principle
- Rate of error
- Acceptance in the community
- Peer review/publication
A party may not bolster unless:
The testimony of their witness has been impeached
Are a witnesses religious beliefs or opinions admissible to show credibility?
No
2 requirements for a prior inconsistent statement to be admissible to impeach:
- Proper foundation must be laid
2. The statement must be relevant.
When is a prior inconsistent statement admissible as substantive evidence?
Only when made in a prior proceeding
Is extrinsic evidence of bias allowed?
Yes
3 types of bad character for untruthfulness used to impeach:
- Prior bad acts involving untruthfulness
- Opinion or reputation of untruthfulness
- Prior conviction of a crime involving dishonesty or false statement.
What is the 10 year rule?
Evidence of a felony involving dishonesty or untruthfulness is inadmissible if more than 10 years have passed since the date of conviction/release.