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36 Cards in this Set

  • Front
  • Back
iBAD character evidence in a criminal case is _______ admissible at the initiative of prosecutor if SOLE purpose is to show _______________ in order to ___________
NOT

Criminal Disposition

Infer Intent
BAD character evidence is admissible if D ____________ or to show _________________
Opens Door

MIMIC (Motive, Intent, Mistake, Identity, Common Plan/Scheme)
in PA exclude evidence where unfair prejudice ___________ outweighs probative value
Merely
in PA character in civil cases is _________________ unless probative value outweighs unfair prejudice
Presumptively Inadmissible

Different from Federal where it is admissible if directly in issue
Character in civil cases is ___________ if offered as circumstantial evidence to infer conduct at time of litigated event

Same in PA, but exception for: __________________
Inadmissible

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

may
PAs tender years exception: Children under ______ may give statement to be read in court if judge finds it _________ and give ___________ to use
12
reliable
notice
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)
Reputation

Opinion

Opens the door

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

In PA only about ________
Convictions
Arrests

Convictions
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 _________________
Rep
Opinion

Specific Act
State of Mind

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

communication, obligation to tell truth, memory, perception
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 ________
Interested
NOT
communications
transactions
waiver
In PA crossing on _____________ is waiver of Dead Man Stat
Pre-death events
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 ______________
refresh recollection
recorded recollection
personal knowledge
made
timely
accurate
NECESSITY
Prior inconsistent statements can be used to ____________ witness but do not come in for truth unless ___________ or ___________
Impeach
under oath
signed
Prior inconsistent statement of Party is an __________ and comes in for _____________
Admission
Truth
You can _________ to show bias/intent/motive
Impeach
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
Felony
Dishonest

Dishonest

OK
NOT
Specific Acts can be used to ____________ but in PA you can only ask if it is a ________
Impeach
Conviction
Any witness familiar with the scene can authenticate ______________
Photographs
in PA we follow Frye: Expert can only testify about __________ subject matter
Novel
Expert must be __________, __________, _______________
qualified
helpful
reasonable degree of certainty
supported by fact
Learned Treatise is admissible as exception to hearsay if _________ on my opposing expert, on cross expert concedes to ___________, expert testifies as to __________, or __________
relied
reliability
authority
judicial notice
You may use text of learned treatise to __________ contrary opinion by opponent's expert
Impeach
___________ is an out of court statement, offered to show _________ of the matter asserted
Hearsay
Truth
NOT Hearsay: ______________, _______________ to rebut charge of recent fabrication/motive, and prior statements about ___________
Prior Inconsistent Statements
Prior Consistent Statements
Identification
Verbal Acts/Legally Operative facts are an __________ to hearsay and include: ________, __________, ___________, ____________, ___________, ___________, __________
Offer, Acceptance, Bribery, Conspiracy, Defamation, Cancellation, Waiver, Permission, Misrepresentation
Exceptions to Hearsay:

S________________
P________________
A________________
State of Mind of Declarer
Perception
Admission by Party/Agent
Unavailable Exceptions to Hearsay (3):
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)
Reliability Exceptions to Hearsay (5):
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)
Documentary Exceptions (3):
Past Recollection Recorded

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

Official Records
Ancient Document/Learned Treatise Exception:
Federal 20 years
PA 30 years
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 ________________
Seeking
Sues/Defends
Litigant
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
forced
valid
trial
any
spouse
spouse
criminal
civil
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
ALL
3rd Party
Death
Divorce
Consent
Confidences
Confidences
Both
Intra-Family
You can ____________ hearsay declarer where the statement is accepted into evidence with _______ evidence which would be admissible for the purpose
Impeach
ANY