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10 Cards in this Set

  • Front
  • Back
Methods of impeaching a witness that allow extrinsic evidence
*Prior inconsistent statements (with chance to explain)
*Bias/interest - ask about facts first
*Conviction of a crime - felonies or dishonesty crimes. No EE foundation necessary
*Sensory deficiencies
Methods of impeaching a witness - EE not allowed
prior bad acts - if the act is probative of truthfulness

opinion/reputation for truth
Timely objections
*made after question, before answer

*motions to strike made immediately after the answer

*motion to strike for unresponsive - only examining atty
Parol evidence rule
Doesn't apply to:
*incomplete or ambiguous K
*reformations of K

Okay for:
*challenge to K validity (fraud, duress)
*subsequent modifications
Authentication of documents for admissibility
Must be authenticated in a manner that is "sufficient to support a jury finding of genuineness"
Best evidence rule - inapplicability
Does not apply to:
*writing to prove collateral issues
*public records
*big volumes
*facts that exist independently of the writing
Attorney-client privilege: agents
Communication made through atty's agents is also privileged

*includes physician who is acting as atty's agent (i.e. giving client an exam at atty's direction)
Attorney-client privilege: no application
*when services are sought in something client knows/shoudl know is a crime or fraud
*communication relevant to an issue parties claim through the same dead client
*when the issue is a breach of duty between atty and client
Attorney-client privilege: who holds
Only the client. Only the client may waive the privilege
Attorney-client privilege: scope
Indefinitely, even after client's death