Evidence

Front 1

Approach to Hearsay

4 Steps

Back 1

- isolate statement
- determine declarant
- determine purpose
- apply exceptions

Front 2

Can you call D as witness?

Back 2

in a civil case

Front 3

Judicial Notice

Civil v. Criminal

Back 3

civil - conclusive
criminal - MAY

Front 4

Completeness

Back 4

Where a party introduces a writing or part of a writing, other party MAY require the introduction of entire statement

Front 5

Habit (2)

Back 5

- can come in to prove conduct
- corroboration not required

Front 6

Subsequent Remedial Measure

Rule 407

Back 6

- inadmissible to pv negligence
- admissible to pv ownership or control

Front 7

Offer to pay medical expenses

Rule 409

Back 7

- not admissible

Front 8

Offer of settlement

Rule 408

Back 8

- not admissible

Front 9

Is Character Evidence admissible to prove conduct?

Back 9

No

Front 10

When can Character Evidence be admitted?

Back 10

- once party brings in evidence of his own good character, reputation and opinion evidence (but NOT specific acts) may be admitted

Front 11

Prior Convictions

Rule 609

Back 11

- felony
- less than 10 years
- crime of honesty or false statements

Front 12

When can you bring prior acts in (criminal)?

M-I-M-I-C

Back 12

-motive
-intent
-mistake (absence)
-identity
-common plan

Front 13

Hearsay Defintion

Back 13

Out of court statement made by the declarant introduced for the truth

Front 14

Admissions of Party Opponents

Hearsay?

Back 14

No

Front 15

Business Record Exception

803(6)

Back 15

- report or record concerning an act or event
- made at or near tme
- by a person with knowledge
- kept in regular course of business

Front 16

Elements of Dying Declaration (4)

Back 16

- statement must concern cause of death
- person unavialable
- criminal homicide or civil
- declarant believed death is imment

Front 17

Excited Utterance

Back 17

statement made during startling event while still under stress

Front 18

Confrontation Clause (3)

Back 18

- criminal case
- declarant unavailable
- testimonial evidence will be admissible only if D is given prior opportunity to cross examine

Front 19

Declarations Againts Interest (3)

Back 19

- party unavailable
- not party to action
- statement was against interest when made

Front 20

Former Testimony Exception (3)

Back 20

- testimony made at same or different proceeding or in a deposition
- party unavailable
- opportunity and similar motive

Front 21

Learned Treatise Rules

Back 21

- may be READ into evidence only
- must be authorative (either determined judicially or by expert)
- NEVER comes into evidence

Front 22

Refreshed Recollection (3)

Back 22

- shown document
- never hearsay
- evidence presented is the recollection

Front 23

Past Recollection Recorded (3)

Back 23

- witness cannot remember (e.g., long list)
- testify as to list
- read to jury

Front 24

Authenticating Handwriting (3)

Back 24

- lay person with familiarity
- comparison by expert
- let jury compare

Front 25

Spousal Privilege (6)

Back 25

- for people married NOW
- covers information during and before
- goes away with divorce
- criminal only
- Party spouse hold priv
- Fed Rule - witness hold priv (maj)

Front 26

Marital Privilege (4)

Back 26

- only during marriage
- survives divorce
- both spouses
- civil and criminal

Front 27

Expert Opinion

Back 27

can testify as to ultimate issue but not mental state

Front 28

Lay Opinion (3)

Back 28

- rationally based on their perception
- helpful
- cannot be based on special knowledge

Front 29

To what does the Best Evidence Rule Apply? (3)

Back 29

- writing
- recording
- photo

Front 30

When part of a statement to a physician can be used as evidence?

Back 30

Only parts needed for medical treatment

Front 31

Competency of witness (5)

Back 31

- take oath
- mental capacity
- personal knowledge
- interpreters allowed
- any additional requirements by state

Front 32

Mandatory judicial notice (3)

Back 32

- state and federal law
- indisputable scientific fact
- adjudicative facts upon request of party, with adequate supporting information

Front 33

Adjudicative facts for judicial notice (2)

Back 33

Facts in the cahse which are not subject to reasonable dispute because either:

- general known with geography of the court
- capable of unquestionalbe accurate and ready determination

Front 34

Discretionay facts of judicial notice (6)

Back 34

- laws of foreign countries
- laws of sister states
- municipal ordinances
- matters of local geography
- economic data

Front 35

Burden of Production

Back 35

Party must introduce initial evidence on an issue, or risk directed verdict against the party (generall P)

Front 36

Burden of Persuasion

Back 36

degree to which the party must convince the trier of fact on an issue

Front 37

Burden of Persuasion - Civil

Back 37

- preponderance of evidence
- clear and convincing evidence when civil suit based on crime

Front 38

Burden of Persuasion - Criminal

Back 38

beyond reasonable doubt

Front 39

Irrebuttable Presumption

Back 39

basic facts conclusively established presume facts

Front 40

Rebuttable Presumption

Back 40

Basic facts, once established, gives rise to presumed facts, subjecting the other party to produce evidence contradicting presumed facts

Front 41

Use of Leading Questions (6)

Back 41

- background info
- expert witness
- child witness
- adverse witness
- refresh recollection
- cross examination