Evidence

Front 1

Judicial Notice

Back 1

(1) Appropriate when indisputeable or verified through scientific principles
(2) Effect
(A) Criminal - jury may accept but not must accept fact
(B) Civil - conclusivly established

Front 2

Refresh Recollection

Back 2

(1) Party uses a document to refresh recollection, must be made available to opposing party

Front 3

Character Evidence

Back 3

Criminal
(1) Prosecution cannot introduce evidence of bad character to show conformity with trait and committed the crime
(2) D can present evidence of good character traits to establish he acted in conformity with good character; ONLY REPUTATION AND OPINION
(3) Prosecution can rebut evidence of character that was put in issue; REPUTATION, OPINION, and CROSS CONCERNING HEARD OF BAD ACTS
(4) Can use for other purposes
(5) If D testifies, Prosecution can introduce evidence of untruthfulness

Civil
(6) Cannot introduce character evidence of party to show that the party probbly acted in conformity with that trait during even that gave rise to litigation
(7) Other purpose for character evidence ok (negligent entrustment, defamation)
(8) If party testifed, can present evidence of untruthfulness

Front 4

Habit

Back 4

(1) Repeated response to a particular set of circumstances
(2) Used to show acted in conformity of habti

Front 5

Remedial Repairs

Back 5

(1) Repairs after accident not admissible to establish negligence or strict liability of defective product
(2) Other purposes ok: ownership & control over condition that caused damaged, prove possibility to make safer if defense is not possible to make safter

Front 6

Impeachment

Back 6

(1) Prior inconsistent statements
(2) Bias
(3) Prior criminal convictions
(4) Prior bad acts
(5) Reputation for truthfulness
(6) Contradictory statements (extrinsic evidence ok)

Extrinisic Evidence
(1) Witness must be given opportunity to comment on prior inconsistent statement before or after introduction of contradiction unless admission by party; if qualifies for hearsay exception also substantive evidence
(2) Prior convictions - any criminal conviction involving dishonesting or false statement & other felony unless too prejudicial (extrinsic evidence OK)
(3) Prior bad acts reflecting untruthfulness - No extrinsic evidence
(4) Extrinsic evidence that contradicts admissible only if major point of testimony

Front 7

Bolstering Credibility

Back 7

Cannot bolster reputation of own witness unless attacked and unless there is no other purpose for its introduction

Front 8

Rehabilitation of Character of Truthfulness

Back 8

Can rehabilite if impeached through
(1) Bad reputation
(2) Prior crimes
(3) Prior bad acts

Front 9

Hearsay - Other Purposes

Back 9

(1) Verbal acts - out of court statements that by themselves change legal rights
(2) Knowledge on part of listener when relevant
(3) Prior inconsistent statement used to impeach (including out of court declarant)
(A) Substantive evidence when prior statement used under oath and statement qualifies under different exception

Front 10

Hearsay - Exclusions

Back 10

(1) Admission by party - relevent statement to party in action made at any time offered in evidence against them by other party
(A) Party/Employee within scope of employment
(B) Offered by other party
(C) Relevant
(D) Hear accusation and fails to protest when reasonable person would have contested if not true, then accusation and silence are adopted admission
(2) Prior inconsistent statement made under oath
(3) Prior identification by witness on stand

Front 11

Hearsay - Exceptions

Back 11

---Witness Availability Immaterial---
(1) Present Sense Impression
(2) Excited Utterance
(3) State of mind/physical condition
(A) Plan for future admissible to prove followed intent
(4) Statement for purposes of medical treatement
(5) Recorded Recollction
(6) Business Records
(A) Person making record does not need first hand knowledge
(B) Admissible to prove what is in it and what is not in it

---Witness Must be Available---
(7) Former Testimony
(8) Dying Declaration - must be for murder charge
(9) Statement Against Interest

Front 12

Handwriting vs. Voice Recognition

Back 12

Lay handwriting opinion need to have prior familiarity before trial but no voice

Front 13

Expert Opinion

Back 13

Can be based on any source as long as it is the kind of information relied on by experts in that field

Front 14

Spousal Privilege

Back 14

(1) In criminal case, a person cannot be forced to testify against their spouse regardless of when learned
(2) Spouse can refuse to disclose or keep a spouse from disclosing confidential communications in any case made between spouses during the marriage

Front 15

Always wrong answers

Back 15

(1) Opinion goes to ultimate issue
(2) Cannot impeach own witness
(3) Catch-all exception to hearsay rule
(4) Res jesdi exception
(5) Incomptenancy based on age
(7) Authentification by photographer
(8) Dead man's statute
(9) Inference on an inference

Front 16

Almost always wrong answers

Back 16

(1) Irrelevent
(2) Best Evidence Rule
(3) Dying declaration

Front 17

Bolstering Credibility of a Witness

Back 17

If evidence of good character is offered for any other purpose besides bolstering credibility, then admissible

Front 18

Inconsistent Trial Statement

Back 18

May be used for impeachment and as substantive evidence

Front 19

Inconsistent Trial Statement

Back 19

May be used for impeachment and as substantive evidence

Front 20

Motion to Strike

Back 20

Must be made before answer to objection question unless question isnt objectionable but answer is

Front 21

Former Testimony Exception to Hearsay Rule

Back 21

(1) W unavailable
(2) Party used against was party in former case
(3) former action involves same suject matter
(4) W gave it under oath
(5) party had prio chance to develop W testimony

Front 22

Issue Preclusion: Criminal Convictions

Back 22

(1) Convictions may be introduce to prove any fact essential to the civil case if it was a felony
(2) Guilty plea is admissible as an admission regardless of offense

Front 23

Extension of Attorney-Client Privilege

Back 23

Extends to lawyers representative; one is is employed to assist in the rendition of legal services

Front 24

Impeachment by Prior Crime

Back 24

Can only be proven on cross/direct or record of conviction

Front 25

Business Record Exception

Back 25

Must consist of matters with writers personal knowledge or a duty to transmit such statements

Front 26

Co-Conspirator Exception

Back 26

Must be in furtherance of conpiracy

Front 27

Proof of Bias

Back 27

Can be established through the use of extrinsic evidence

Front 28

Surprise Witness

Back 28

Surprise not a sufficient basis for exclusion, usually just continuance

Front 29

Physcian-Client Privilege

Back 29

Does not exist in federal courts applying federal law

Front 30

Expert Witness Basis for Opinion

Back 30

Authoritative texts if used as basis for opinion can be admitted into evidence

Front 31

Admission By Agent

Back 31

Only admissible if made during course of employment, not after

Front 32

Admissibility fo Pleas in Civil Cases

Back 32

If plea withdrawn, cannot be admitted

Front 33

Hearsay & Legally Operative Speech

Back 33

Legally operative fact is not hearsay; contents of a will not hearsay

Front 34

Doctor-patient privilege

Back 34

Privilege does not apply in federal cases where state law does not supply the rule of privilege (federal Q case)

Front 35

Former Testimony Exception

Back 35

Party aginst whom the testimony is offered or in civil cases predecessor in interst must have been a party in the former action

Front 36

Doctor-patient privilege

Back 36

Privilege does not apply in federal cases where state law does not supply the rule of privilege (federal Q case)

Front 37

Former Testimony Exception

Back 37

Party aginst whom the testimony is offered or in civil cases predecessor in interst must have been a party in the former action

Front 38

Hearsay Exception - Judgements

Back 38

Must be felony conviction

Front 39

Admissions of Joint-D's

Back 39

Admission of a party are not recieveable against co-defendants merely becuase they happened to be joined as parties

Front 40

Dying Declaration

Back 40

Statement must be based on actual personal knowledge