Types of evidence

Question 1

2 main sources of evidence

Answer 1

1. witness: A person who provides evidence in the form of in court testimony or our of court statement

2: real evidence: A writing or other tangible item

Question 2

Judicial Notice allows the courts to…

Answer 2

assume the evidence of facts when those facts are well known and indisposable

Question 3

Rule 601: Competency to testify in general

Who is competent to be a witness?

Answer 3

EVERYONE, unless a rule provides otherwise

Question 4

3 requirements for a witness

☆

Answer 4

1. Competency
2. Personal Knowledge
3. Oath of affirmative

Question 5

Just because someone is qualified to testify does not mean that

Answer 5

what they say is believable

Question 6

When state law determines the requirements of a witness

Answer 6

• always in civil court
• sometimes in federal court

Question 7

“Dead Man Act”

Answer 7

makes incompetent, a party proposing to testify about a conversation or other transaction with a person now deceased when that testimony is offered against the estate of the deceased

Question 8

Rule 601 requires the application of state competency law when 3 conditions are satisfied:

☆

Answer 8

1: The issue arises in a civil action or proceeding;
2. It concerns an element of a claim or defense;
AND
3. The claim or defense is one as to which state law supplies the applicable substantive rule

Question 9

In a civil action brought in federal court’s diversity jurisdiction, what competency law is used?

Answer 9

The competency law of the state in which that federal court is is applicable

Question 10

Rule 605: Judges Competency as a witness

Answer 10

Judges may not testify at trial as a witness

Question 11

Rule 606: Jurors Competency as a witness

If a jury is called to testify, then

Answer 11

the court must give a party an opportunity to object outside the jury’s presence

Question 12

Rule 606: Jurors Competency as a witness

Prohibited Testimony or Others Evidence

During an inquiry into the validity of a verdict or incitement (3 things that a jury may not testify)

Answer 12

May not testify about jury deliberations, jury voting, any jurors mental processes concerning the verdict or indictment

Question 13

Rule 606: Jurors Competency as a witness

Prohibited Testimony or Others Evidence (3 EXCEPTIONS)

During an inquiry into the validity of a verdict or incitement

Answer 13

1. Extraneous prejudicial info was improperly brought to the jury’s attention
2. An outside influence was improperly brought to bear on any juror;
   OR
3. A mistake was made in entering the verdict on the verdict form

Question 14

Rule 602 Need for Personal Knowledge

A witness may testify to a matter only if…

Answer 14

the evidence is introduced sufficient to support a finding that the witness has personal knowledge may consist of the witnesses own testimony

Question 15

Rule 602 Need for Personal Knowledge

does not apply to

Answer 15

a witness expert testimony under rule 703

Question 16

The formula for if a witness’s personal knowledge can be testified

Answer 16

FP= FT

Facts perceived = facts allowed to testify

Question 17

When are the witnesses facts to be testified, inadmissible?

Answer 17

When they are not facts that they personally perceived

Question 18

To testify personal knowledge a witness needs to be able to do what 3 things

☆

Answer 18

1) comprehend
2) remember
AND
3) communicate

Question 19

Personal Knowledge

The witness has to have evidence that is…

Answer 19

“sufficient to support a finding” of personal knowledge

Question 20

“sufficient to support a finding” of personal knowledge

Answer 20

a reasonable juror could conclude that the witness perceived, comprehends, remembers, and can communicate the facts

Question 21

Rule 603 Oath or Affirmation to testify truthfully

Answer 21

Before testifying, must give oath or affirmation

Question 22

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

who is competent

Answer 22

everyone unless a rule says otherwise

Question 23

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

a witness is disqualified when the court determines

Answer 23

1) cannot express self directly or with interpretation
OR
2) Incapable of the duty of witness to tell the truth

Question 24

NCGS Rule 601 General Rule of Competency + disqualification of witnesses

Interested party

Answer 24

Interested party’s are disqualified

Question 25

3 types of Evidence

Answer 25

1) witness 2) Item 3) Judicial notice

Question 26

What does the court do during judicial notice

Answer 26

The court takes note of a general fact

Question 27

Demonstrative evidence

Answer 27

merely illuminates testimony

Question 28

demonstrative evidence can only be used if

Answer 28

the testimony it illustrates is admissible and it actually refers to that testimony

Question 29

Rule 601: Competancy of a witness can differ between...

Answer 29

States

Question 30

Rule 601: Competancy of a witness always applies to

Answer 30

Federal Cases

Question 31

# Rule 601: Competancy of a witness Civil cases are governed by

Answer 31

State laws

Question 32

# Rule 601: Competancy of a witness Can a atheist testify?

Answer 32

Yes, everyone is competent to testify | Another rule: cannot bring up that they are athesist

Question 33

605: Judge competancy as a witness

Answer 33

- Judge cannot be a witness - Need not to objecy to preserve the issue (Plain error)

Question 34

# Rule 606: Jurors competancy as a witness 2 times when a juror cannot be a witness

Answer 34

1. At the trial 2. during an inquiry into the validity of a verdict or indictment

Question 35

# Rule 606: Jurors competancy as a witness during an inquiry into the validity of a verdict or indictment. What is the specific prohibited testimony or other evidence from a witness?

Answer 35

How the decision was made

Question 36

# Rule 606: Jurors competancy as a witness 3 Exceptions to the rule stating that a juror cannot be a witness during an inquiry into the validity of a verdict or Inditement

Answer 36

1) Extranous prejudicial info was improperly brough to the jurys attention 2) An outside influence was improperly brought to bear on any juror 3) A mistake made when entering verdict on the verdict form

Question 37

# Rule 602: Need for personal Knowldge Evidence introduced needs to be

Answer 37

sufficent to support a finding | (super low standard)

Question 38

# Rule 602: Need for personal Knowldge does not apply to

Answer 38

expery testimony | just do not let testimony get too scientific

Question 39

4 things needed to establish personal knowledge

Answer 39

1) Witness must *percieve* the facts 2) witness *understands* what it precieved 3) witness *remembers*/*comprehends* what they precieve 4) Witness must be able to *communicate*

Question 40

# Rule 602: Need for personal Knowldge What it means to precieve the facts

Answer 40

see it, hear it, touch it, taste it, smell it

Question 41

Once that evience is found to be sufficent to support a finding, the evidence goes to

Answer 41

wait

Question 42

# Rule 106 Summaries When a proponet may use a summary, chart, or calculation as evidence

Answer 42

to prove the content of volumous writings, or photographs that cannot be conviently examined in court

Question 43

# Rule 1006 Summaries The proponent must make *what* available for examination or copying, or both, by other parties at a reasonable time and place. | and the court may do what

Answer 43

originials or duplicates | and the court may order the proponet to produce them in court

Question 44

# When determining if a writing is admissible 3 frequent issues to consider: ## Footnote ☆

Answer 44

1. Authentication 2. The best Evidence Rule 3. Hearsay

Question 45

What would happen if plaintiff notified defendant that they needed evidence and they failed to bring the evidence

Answer 45

Rule 1004(3) would allow plaintiff to offer secondary evidence to prove the contents of the writing | Including testimony from memory on what it said

Question 46

# Rule 1007 Testimony as statement of a party to prove content May prove content of a writing, recording, or photograph by:

Answer 46

the testimony, the deposition, or written statement of the party who the evidence is against. | Need not account for the original

Question 47

# Rule 1008: Functions of the Court and Jury best evidence rule In a jury trial the jury determines any issue about what 3 things?

Answer 47

1. An asserted writing, recording, or photograph ever existed 2. Another one produced at the trial or hearing is the original, OR 3. other evidence of content accurately reflects the content

Question 48

A photograph can be what 2 types of evidence?

Answer 48

Real and demonstrative

Question 49

Real evidence

Answer 49

played some role in the case

Question 50

Demonstrative evidence

Answer 50

To diagram or demonstrate something

Question 51

What to ask if the contested evidence is a writing, recording or photgraph

Answer 51

is the evidence offered to prove the content of the writing, recording or photograph?

Question 52

If evidence is offered to prove the content of writing, recording or photographs, the party must take one of what 6 paths

Answer 52

1. Produce the origingal (1001, 1002) 2. Produce duplicate (unless a question is raised about the authenticity of the original or a duplicate would be unfair, 1003) 3. Prove an exception of 1004, and offer other evidence 4. Prove contents by written statement, testimony, or desposition of opponet 1007 5. Provide a summary if contents are volumonous, while making originals or duplicates available for copying 1006 6. prove a public recotd according to 1005

Question 53

To get the contents in a GPS you look at what rule

Answer 53

best evidence rule

Question 54

# Best evidence rule Testimony on record

Answer 54

Doesn't mean it is under Best Evidence RUle, because it personal knowledge

Question 55

# Rule 1004 If original is lost or destoryed

Answer 55

testimony concerning the contents od the writing is admissible