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79 Cards in this Set
- Front
- Back
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When is Evidence Relevant?
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1. If it tends to establish or disprove the issue in dispute
2. established motive/intent/etc |
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If evidence is relevant the Court can always state that is is inadmissible if...
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1. Probative value substantially outweighs the danger of unfair prejudice
2. Confusion of issues 3. Misleads the jury |
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Habit is admissible as curcumstantial evidence if
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1. If it describes a regular response to a specific set of circumstances
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Liability is inadmissible to show fault or negligence, but it is admissible to show
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1. Ownership or Control
2. Impeach a W bc of Bias |
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Life Insurance is admissible to show
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1. Intent, Motive etc
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When is Evidence Relevant?
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1. If it proves or disproves the issue in dispute
2. established motive/intent/etc |
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If evidence is relevant the Court can always state that is is inadmissible if...
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1. probative value substantially outwieghts the danger of unfair prejudice
2. Confusion of issues 3. Misleads the jury |
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Habit is admissible as curcumstantial evidence if
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1. If it describes a regular response to a specific set of circumstances
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Liability is inadmissible to show fault or negligence, but it is admissible to show
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1. Ownership or Control
2. Impeach a W bc of Bias |
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Life Insurance is admissible to show
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1. Intent, Motive etc
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Settlements in civil cases are not admissible to prove _________.
But the are admissible to________. |
1. prove liability
2. Impeach a W for Bias |
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Statement to compromise is only admissible if
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1. Claim
2. Disputed |
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1. Guilty please __________ admissible in later litigations.
2. Offer to plead guilty ______ admissible in later litigations, |
1. Are
2. Are Not |
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P can only use impeachment evidence when the D's __________ is at issue
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1. Credibility/not character
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Character Evidence can be offered as substantive evidence (not impeachment) to
Can also be offered as circumstnatial evidence of... |
1. if it is an ultimate issue to prove character
2. How a person probably acted |
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In MD, prior convictions can be admissible to impeach a party, only if
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1. less than 15 years
2. Infamous crime or relevant to D's credability (theft) 3. Probative value does not outweigh danger of unfair prejudice |
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In a criminal case, D can introduce evidence of his good character to show innocense. D can call a W to testify as to
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1. Reputation and Opinion (must know)
2. Relevant to crime 3. No Specific Acts |
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Prosecution's Rebutal on D's Character W can cross examine and ask about
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1. D's and W's convictions of dishonesty (10yrs)
2. D's arrests (MD-only convictions) 3. Can not ask about CW's arrests 4. D's - incident of misconduct (no extrinsic evidence) |
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What kind of evidence can the D introduce about the P?
P can counter with... |
1. Bad Reputation and Bad Opinion if
2. Relevant to the crime 3. P's good reputation/opinion and 4. D's bad character for the same trait |
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An opinion or reputation about a rape victim's sexual propensity or behavior is never allowed unless
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1. To prove source of semen
2. Asserting consent 3. Love Triangle |
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If at the time of the event the D was aware of teh Victim's violent reputation that can be shown to show...
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D's state of mind of fear and proving the act was reasonable
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Crimes or bad acts are not admissible to
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show criminal disposition or bad character
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Crimes or bad acts are admissible to show
If above reason exists still have to prove that bad act occurred by______________ and the Court must hold that__________ |
1. Motive
2. Intent 3. Lack of Mistake 4. Common Plan/Scheme 5. Clear and convincing evidence 6. Probative value does not outweigh danger of prejudice |
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In MD prior sex crimmes is admissible only if ___________ OR to show propensity if _____________
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1. to prove MIMIC
2. the victim is the same |
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When you have anything in writing should look at:
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1. Authentication
2. Best Evidence Rule 3. Hearsay |
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Expert testimony is admissible so long as
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1. Qualified by training or education
2. Subject matter will be helpul to the jury 3. Opinion must be based on "reasonable certainty" 4. In MD- accepted in scientific community |
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Photograph must be authenticated by
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1. a W that has personal knowledge that foto is a
2. "Fair and accurate representation" |
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The Best Evidence Rule requires that original doc be submited when
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1. legally operative doc or
2. W testifies to facts from legally operative doc |
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What qualifies as an original writing for the Best Evidence Rule?
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1. the writing itself
2. duplicates 3. not handwritings |
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If a W is testifying regarding a written admission of the P, do not need to produce original can, can prove through
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1. Testimony
2. Deposition |
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In MD what type of criminal witnesses can not testify?
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Anyone convicted of purgery, unless W is a criminal D
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In MD the Dead Man Statute prohibits a Party aianst an an estate to testify as to trasnactions, statements by descendent unless:
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1. statement was introduced 1st by Opp
2. claimant is called as a W by Opp |
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Leading questions are only allowed on ...
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1.Cross examination
2. Unless: child/old/matters not in dispute (address) |
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Refreshing Recollection- a document can be showed jog memory...following apply...
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1. Doc does not have to be authenticated
2. Writing must be set aside 3. Writing must be offered as evidence 4. Other Party has right to inpect memo or use at cross |
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Past Recollection Recorded- W can be submitted as a substitute of W's inability to recollect if
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1. Writing does not jog memory
2. W had personal knowledge at the time 3. Writing was mede by the W or adopted by W 4. Occured when fresh on W's mind 5. W can vouch that writing is accurate |
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Lay Witness can give testimony if it based on
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1. personal knowledge and
2. helpful to the jury |
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Treaties can be used as substantive evidence to
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1. Establish authority of expert W
2. Impeach expert W 3. Not exhibit |
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Lay and Expert W can testify on
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ultimate issues
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P can not highten the credibility of their W until
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W's character has been attacked
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Prior identification of a person can be submited as
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substantive evidence
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Prior inconsistant statements can be used to impeach W and a substantive evidence if
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1. orally or under oath
2. part of formal hearing deposition |
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If a prior inconsitent statement is submitted as substantive evidence attorny must...
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CL- give W the opportunity to explain
MD- before they get off the stand |
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If a W denies a prior inconsistent statement is submitted as substantial evidence, the W can
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introduce extrinsic evidence to disprove the inconsistent statement
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Can Impeach a W via
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1. Prior Inconsistent Statements
2. bbias, Interest or Motive to lie |
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Can impeach a W with extrinsic evidence for
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1. Sensory deficiencies
2. Bad Reputation or Opinion of truthfulness of W |
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In CL- can impeach a W with criminal convictions if
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1. Perjury of Fraud (false statements are elements of crime)
2. Felony 3. Crt can exclude if probative value is outweighed by danger of prejudice |
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Bad acts used to impeach a W's character for truthfulness but no
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extrinsic evidence can be submitted unless being used to show BIAS
2. Court should give limiting instructions to the jury |
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Bad acts can be used to impeach a W's character for truthfulness but can not inquire about
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1. Arrests
2. Indictements |
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If a W contradicts himelf on a material issue the opposing party can
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submit extrinsic evidence
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If your W has been impeached with accusations of lies or bias can re establish his character with
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1. Showing good character for truthfulness
2. Prior consistent statement made before the motive to lie arose. |
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Who can waive Attorney Client Priviege?
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Only the Client
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Physician- Patient Privilege can not be invoked if
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1. The P puts his injuries at issue, such as a personal injuries suit
2. P was refered to doctor by Attorny 3. P knew the Dr was not licensed |
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Spousal Immunity can only be invoked in
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1. Criminal Cases
2. Can not be compelled to testify anything regarding D 3. Only S can waive 4. Ends with divorce |
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Confidentail Communication between Spouses
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1. Any type of case
2. Both hold privilege 3. Comm during marriage 4. Lasts forever |
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The Spousal Immunity and Confidental Communiction between Spouces immunity is inaplicable if
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1. furtherance of a future crime
2. Spousal or child abuse |
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Hearsay is
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1. An out of court statement
2. used to prove the truth of the matter |
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Hearsay is admissible to show
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1. knowledge of danger or notice in neglgence claim
2. Circumstantial evidence of speakers mind (crazy) |
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If a W states "I told the cops when they arrested me that I didn't do it" ....
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It is hearsay of prior statement
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Prior statement of W is not hearsay if
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1. identification of person
2. inconsistent statement if oral and under oath and during trial/deposition 3. Consistent statement being used to rebut lie or improper motive |
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In MD a W's prior statements is not hearsay if
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1. Identification
2. Prompt Complaint in sex assault 3. Inconsisten statement if under oath in trial/deposition or in writing signed by W 4. Consisten statement to rebut charges of lieing or improper motive |
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The testimony of an unavailable W is admissible in trial as long as
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1. Under oath or deposition
2. same parties/similar issue 3. opportunity to cross 4. Both L's present |
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Part admissions are admissible as
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Substantive Evidence
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Party admissions can take the form of
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1. Bribe
2. Report 3. Guilty Plea 4. Silence- only if D unreasonably did not respond |
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The 6th Amendment gives criminal D the right to
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confront W's who testify against him
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A hearsay statement can not be used against a criminal D if
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1. testimonial; AND
2. declarant is unavailable; AND 3. D did not have opportunity to cross |
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CL- if Declarant is unavailable bc of D's wrong doing the Court must find that
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1. D's conduct was to prevent the W from testifying
2. Proponderous of evidence |
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MD- if Declarant is unavailable bc of D's wrong doing the Court must find that
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1. Trial for violent or narcotic crime
2. Unavailable statement was made a. under oath/trial/depo; or b. signed writing; or 3. Clear and convincing evidence |
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Other Hearsay Exceptions are
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1. Statement against interest
2. Dying declaration 3. Excited Utterance 4. Present Sense Impression 5. Present State of Mind 6. Declaration of Intent 7. Present Physical Condition |
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A Present Sence Impression is
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A description of an event while it was occuring
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Present Sence of Mind is a
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statement of delcarant's state opf mind, feelings or emotions
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Declaration of Intent
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is a statement of declrants intent to do something in the future
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Present Physical Condition
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Is a declaran't statement of present physical condition
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In Md Present physical condition statements are not admissible if
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Made to DR testifying as an expert witness
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In MD- the Tender Years Statute allows a childs statement of sexual or physical abuse if
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1. Under 12 yrs
2. Made to physician, nurse, school, social worker 3. trustworthy 4. evidence that D had opportunity to comit crime 5. Pretrial notice that will use statement |
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If a sexually or physcially abused child does not testify then
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1. testimonial statement- 6th Am confrontational issues
2. testimonial can be used if the professional is NOT connected to the police |
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What types of records fall under the hearsay exception?
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1. Business Records
2. Public Records |
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In order for business records to fall under the hearsay exception they must
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1.made in ordinarly course of business
2. can be information observed by employees |
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The following public records are considered hearsay exceptions
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1. activies of gov agency
2. observations do to legal duty 3. fact or opinion resulting from legal investigations |
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The following record does not fall under either a public record or business record exception
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1. police reports in criminal cases prepared for prosecution
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