Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/20

Click to flip

20 Cards in this Set

  • Front
  • Back
Relevant
Evidence is relevant if it has a tendency to make the existence of any fact of consequence more or less probable 401. All relevant evidence is admissible, unless (1) excluded by one or more applicable eidentiary rules, or (2) its probative value is outweighed by the danger of (a) unfair prejudice, (b) confusion of issues, (c) misleading the jury, or (d)by considerations of undue delay or needless presentation of culmulative evidence 403.
Insurance
Evidence that a person was, or was not insured is not admissible for the purpose of showing that she acted negligently or wrongfully. However, such evidence may be introduced for any other relevant purpose (to show ownership, control of the instrumentality, or the bias or prejudice of a witness).
Offers to Compromise
Statements made during formal settlement negotiations are not admissible for the purpose of proving liability, the invalidit of a claim or the value of or amount of claim 408. Offers to compromise, or to accept a compromise, for valuable consideration are not admissible for the purpose of proving liability, the invalidity of a claim or the value or amount of a claim (even though made exclusive of settlement negotiations.
Subsequent Remedial Measures
Where, after an event has occured, measures are undertaken which, if previously performed, would have made the incident less likely to have occured, evidence of such subsequent remedial measures is not admissible to prove negligence or other culpable conduct. Such subsequent remedial measures are, however, admissible for any other relevant purpose (proving ownership, control, or the feasibility of precautionary measures), if such aspects have been disputed by the party agaisnts whom the evidence is being offered 407.
Character Trait
Evidence if a character trait (violent, untrustworthy, reckless) is admissible as direct evidence for any relevant purpose, other than to prove conduct in conformity therewith on a particular occasion 404(a).
Prior Specific Acts (Conformity)
Evidence of specific acts is ordinarily not admissible for the purpose of proving that a party acted in conformity with those prior acts on a particular occasion. Such evidence is, however, admissible for any other relevant purpose (to prove identity, motive, opportunity, absence of mistake) 404(b).
Proving Character on Direct
Where a person's trait of character is admissible as direct evidence, proof may be made by (1) testimony as to such person's reputation in the community, (2) testimony by a witness as to her opinion about the character trait in question, or (3) where character is an essential element of a case, charge, claim or defense, evidence of specific instances of person's conduct. 405(b).
Criminal Defendant Introducing Character Traits
In a criminal case, a defendant may introduce evidence of a character trait which (1) she possesses, and (2) tends to prove that she did not commit the crime charged. In such event, the prosecution may, in rebuttal, offer character evidence tending to prove that the defendant committed the crime charged. 404(a)(1).
Criminal Defendant Introducing Character Trait of Victim
Except for rape cases, a defendant may introduce evidence of the victim's character which tends to prove that he did not commit the crime charged. In such event, the prosecution may, in rebuttal, offer character evidence pertaining to the victim which tends to prove that the defendant did commit the crime charged.
Victims Character by Prosecutor in Criminal Case
In a homicide case in which the defendant has asserted that the victim was the initial agressor, the prosecutor may, in rebuttal, offer evidence that the victim's character was peaceful in nature. 404(a)(2).
Sexual Behavior (Rape Cases)
When a defendant is accused of rape, the victim's past sexual behavior is not admissbile through reputation or opinion evidence. However, evidence of specific sexual behavior (1) with persons other than the accused is admissible, when offered by the accused upon the issue of whether he was or was not the source of the (a) semen, or (b) victim's injury, or (2) with the accused is admissible, when offered by the latter upon the issue of the victim's consent. 412.
Hearsay
Unless excluded pursuant to 801, the following statements constitute hearsay:
(1) Any oral or written statement, other than one made by a testifying witness, which is offered into evidence to prove the truth of the matter asserted therein, or
(2) Conduct, other than that undertaken by the testifying witness, which (i) was intended to be an assertion, and (ii) is offered into evidence to prove the truth of the matter asserted thereby.
Out of Court Statements That Are Not Hearsay
Operative facts (words or conduct which have s substantive, legal significance, apart from the fact that they were spoken or, in the case of an act, performed) are not hearsay.

Words or conduct offered as circumstantial evidence to show the declarant's state of mind are not hearsay.
Party Opponent Exclusion
(1) Statements (including assertive conduct) made by a party-opponent).
(2) Statements in which a party-opponent has manifested his adoption or belief
(3) Statements by another which were authorized by the party-opponent
(4) Statements made by the party-opponent's agent or servant (i) concerning a matter within the scope of the declarant's agency or employment, and (ii) during the existence of that relationship
(5) Statements by a con-conspirator of an accused, if made during the course and in furtherance of the conspiracy. 801(d)(2).
Prior Consistent Testimony Exclusion
Out of court statements made by a witness (who is subject to cross-examination) which are consistent with her persent testimony and offered for the purpose or rebutting an assertion of recent fabrication, improper influence, or improper motive, are not hearsay.
Prior Inconsistent Testimony Exclusion
Prior out-of-court statements which were made (1) under oath, and (2) in an adversarial contect (subject to cross), by a witness who is presently subject to cross, and (3) which statements are inconsistent with her testimony in the current trial or hearing are not hearsay.
Excited Utterance Exception
Out-of-court statements pertaining to a startling event, made by a percipient declarant (i) while such event was occuring, or (ii) who was still under the stress of such event, are admissible as an exception to the hearsay rule.
Present Sense Impression Exception
Out-of-court statements made about and event or condition, while the declarant was observing or perceiving that event or condition, or immediately thereafter, are admissible as an exception to the hearsay rule. 803(1)
Medical Diagnosis or Treatment Exception
Out of court statements made by a declarant for the purpose of receiving medical diagnosis or treatment, in so far as reasonably pertinent to such diagnosis or treatement, are admissible.
Presently Existing Mental, Emotional, or Physical Condition Exception
Out of court statements made by a declarant pertaining to his then existing state of mind, emotions, sensations, intention or physical condition, constitute an exception to the hearsay rule.