Rapid Fire Flashcards
The owner of a restaurant sued a real estate developer from whom the owner had purchased land. The
owner alleged that the developer had lied to the owner during the contract negotiations for the
purchase of the land. According to the owner, the developer had told the owner that he was in the final
negotiations to develop the surrounding area for a large retail complex. The developer denied that he
had made these statements. At trial, the owner sought to introduce an affidavit from the attorney who
had negotiated the land sale contract on his behalf. In the affidavit, the attorney swore that the
developer did make the assertion at issue to the owner in the attorney’s presence. The attorney had
moved to a foreign country and refused to appear to testify. The owner did not submit the land sale
contract negotiated by the attorney into evidence. The developer objected to the introduction of the
affidavit.
Is the affidavit admissible?
No, because the affidavit is hearsay not within any exception.
What does the best evidence rule require and when does it require it?
that a party produce the original document when the contents of a writing are at issue.
What is the former testimony hearsay exception?
The former testimony of an unavailable witness given under oath in a hearing or deposition is admissible if the party against whom it is being offered had a similar motive and opportunity to develop the testimony.
When is a witness’s prior inconsistent statement admissible?
- it is always admissible to impeach.
- it may be admissible as non-hearsay if it was made under oath.
- witness needs to be given a chance to explain or deny not necessarily before evidence admitted.
Is evidence of a defendant’s character admissible in a civil case?
Not if it is used to prove that the defendant acted in conformity therewith unless the character is an essential evidence of the claim or defense.
May a criminal defendant submit evidence of good character?
Yes if it is in the form of reputation or opinion testimony and not of a specific act.
When can an out of court statement of identification be admitted?
It is admissible unless the maker of the statement did not testify at the present trial or wasn’t subject to cross-examination.
If a prior inconsistent statement was made under oath, and it could be cross-examined - for what purposes may it be introduced?
As impeachment and for substantive purposes.
Is evidence of a juvenille conviction admissible in a civil trial?
No.
May a prosecutor impeach a witness through extrinsic evidence of a prior bad act?
No. A prior bad act may not be proved through extrinsic evidence.
Are medical records business records?
Yes, to the extent that they relate to a diagnosis or treatment.
When may a victim’s past sexual behavior be relevant and admissible?
- to prove an alternative source of semen or injury
- when the constitutional rights of the defendant require admission of the evidence
- in civil cases when the probative value substantially outweighs danger of harm to the victim
- In civil cases when the victim has placed her reputation in question.
To what types of cases does the dying declaration exception apply to?
homicide prosecutions and civil actions
What are the elements of a dying declaration?
1) statement made by an individual who believes she is dying
2) the individual believes her death is imminent
3) statement pertains to the cause or circumstance of her death.
