Evidence

Front 1

iBAD character evidence in a criminal case is _______ admissible at the initiative of prosecutor if SOLE purpose is to show _______________ in order to ___________

Back 1

NOT

Criminal Disposition

Infer Intent

Front 2

BAD character evidence is admissible if D ____________ or to show _________________

Back 2

Opens Door

MIMIC (Motive, Intent, Mistake, Identity, Common Plan/Scheme)

Front 3

in PA exclude evidence where unfair prejudice ___________ outweighs probative value

Back 3

Merely

Front 4

in PA character in civil cases is _________________ unless probative value outweighs unfair prejudice

Back 4

Presumptively Inadmissible

Different from Federal where it is admissible if directly in issue

Front 5

Character in civil cases is ___________ if offered as circumstantial evidence to infer conduct at time of litigated event

Same in PA, but exception for: __________________

Back 5

Inadmissible

Assault & Battery

Front 6

in PA Ds sex acts are ___________ for propensity but __________ be used for Id, Intent

Back 6

inadmissible

may

Front 7

PAs tender years exception: Children under ______ may give statement to be read in court if judge finds it _________ and give ___________ to use

Back 7

12
reliable
notice

Front 8

In PA D may offer good evidence in form of __________ ONLY

In Federal may also use ________

If he does, he ___________

If not prosecutor can _________ him for truthfulness (perjury conviction)

Back 8

Reputation

Opinion

Opens the door

Impeach

Front 9

If witness testifies for Ds rep for peacefulness prosecutor may cross about Ds ___________ or ___________

In PA only about ________

Back 9

Convictions
Arrests

Convictions

Front 10

Self Defense/ Character of Victim in homicide or assault case can be shown through __________ or _____________

If _______________ then you can get it in by showing ___________

In PA you can use _________________

Back 10

Rep
Opinion

Specific Act
State of Mind

Specific Acr

Front 11

In PA you can be disqualified as an incompetent witness if mental condition or immaturity in ________, ________, _______, __________

Back 11

COMP

communication, obligation to tell truth, memory, perception

Front 12

DEAD MANS ACT: _________ survivor can ________ testify for his interest against dead man or dead man's reps about __________ or __________ with dead man in civil case unless ________

Back 12

Interested
NOT
communications
transactions
waiver

Front 13

In PA crossing on _____________ is waiver of Dead Man Stat

Back 13

Pre-death events

Front 14

Can't read testimony of previously prepared documents unless _____________ and ___________ where witness one time had ____________, it is __________ by witness, and was done so ___________, content is ______ and is ______________

Back 14

refresh recollection
recorded recollection
personal knowledge
made
timely
accurate
NECESSITY

Front 15

Prior inconsistent statements can be used to ____________ witness but do not come in for truth unless ___________ or ___________

Back 15

Impeach
under oath
signed

Front 16

Prior inconsistent statement of Party is an __________ and comes in for _____________

Back 16

Admission
Truth

Front 17

You can _________ to show bias/intent/motive

Back 17

Impeach

Front 18

Prior Convictions can be used to Impeach if crime is ___________ or one of ____________-

In PA only ____________

But for juveniles it is ______ in PA but _____ in federal

Back 18

Felony
Dishonest

Dishonest

OK
NOT

Front 19

Specific Acts can be used to ____________ but in PA you can only ask if it is a ________

Back 19

Impeach
Conviction

Front 20

Any witness familiar with the scene can authenticate ______________

Back 20

Photographs

Front 21

in PA we follow Frye: Expert can only testify about __________ subject matter

Back 21

Novel

Front 22

Expert must be __________, __________, _______________

Back 22

qualified
helpful
reasonable degree of certainty
supported by fact

Front 23

Learned Treatise is admissible as exception to hearsay if _________ on my opposing expert, on cross expert concedes to ___________, expert testifies as to __________, or __________

Back 23

relied
reliability
authority
judicial notice

Front 24

You may use text of learned treatise to __________ contrary opinion by opponent's expert

Back 24

Impeach

Front 25

___________ is an out of court statement, offered to show _________ of the matter asserted

Back 25

Hearsay
Truth

Front 26

NOT Hearsay: ______________, _______________ to rebut charge of recent fabrication/motive, and prior statements about ___________

Back 26

Prior Inconsistent Statements
Prior Consistent Statements
Identification

Front 27

Verbal Acts/Legally Operative facts are an __________ to hearsay and include: ________, __________, ___________, ____________, ___________, ___________, __________

Back 27

Offer, Acceptance, Bribery, Conspiracy, Defamation, Cancellation, Waiver, Permission, Misrepresentation

Front 28

Exceptions to Hearsay:

S________________
P________________
A________________

Back 28

State of Mind of Declarer
Perception
Admission by Party/Agent

Front 29

Unavailable Exceptions to Hearsay (3):

Back 29

Declaration against Interest (exposes D to civil liability or defeats--only for crim or exculpate if corrorborating circumstances indicate trustworthiness)

Dying Declaration (Only Homicide and Civil, but all in PA)

Former Testimony (must have crossed them and motive similar)

Front 30

Reliability Exceptions to Hearsay (5):

Back 30

Excited Utterance (Startling event, under stress, concerns event)

Present Sense Impression (must be immediately after)

Bodily Condition (Present Pain statement admissible by anyone who hears or Past Physical made to medical and pertinent to diagnosis in PA admissible if you complain)

Present State of Mind

Declaration of Intent to do Something in the Future (to offer that act is complete)

Front 31

Documentary Exceptions (3):

Back 31

Past Recollection Recorded

Business Records (reg course of business, made at near time, by person with knowledge, reg practice of business)

Official Records

Front 32

Ancient Document/Learned Treatise Exception:

Back 32

Federal 20 years
PA 30 years

Front 33

Physician/Patient Privilege where patient is _________ treatment. Waived if patient __________ by putting condition at issue. Not Privileged: Docs observations/opinions based on communications where P is ________________

Back 33

Seeking
Sues/Defends
Litigant

Front 34

Spousal Immunity: protects from being __________ to testify about anything in criminal case except rape, murder, child abuse

Requires: ________ marriage at time of _________, protects _________ testimony, privilege only to witness ________ not party _________

Only __________ in fed, but in PA also _________ unless divorce, custody, abuse

Back 34

forced
valid
trial
any
spouse
spouse
criminal
civil

Front 35

Confidential Marriage Communication Privilege: Protects disclosure of confidential communications made during marriage in _______ cases as long as there is no ______ present. It survives _________&__________. You can NOT testify without __________ of the other

Requires: Married at time of ________, protects only _________ not all testimony, privilege to ____________ spouses

Exception: __________ injury cases

Back 35

ALL
3rd Party
Death
Divorce
Consent
Confidences
Confidences
Both
Intra-Family

Front 36

You can ____________ hearsay declarer where the statement is accepted into evidence with _______ evidence which would be admissible for the purpose

Back 36

Impeach
ANY