Evidence Flashcards

Front 1

what is the definition of hearsay?

Back 1

hearsay is a statement, other than one made by the declarant while testifying at the trial/hearing, offered in evidence to prove the truth of the matter asserted.

Front 2

what is the former testimony exception to hearsay?

Back 2

testimony of a now unavailable witness given at another hearing or in a deposition taken in accordance with law is admissible in a subsequent trial as long as there is a sufficient similarity of parties and issues so that the opportunity to develop testimony or cross-examine at the prior hearing or deposition was meaningful.

Front 3

may a witness claim the privilege of self-incrimination at any proceeding?

Back 3

the privilege against compelled self-incrimination may be claimed at any proceeding, whether civil or criminal, at which the witness's appearance/testimony are compelled.

note: applicability of the privilege doesn't depend on likelihood of actual criminal prosecution.

Front 4

what is impeachment?

Back 4

impeachment involves the casting of an adverse reflection on the truthfulness of a witness.

Front 5

what must be done before a writing is received into evidence?

Back 5

before a writing may be received in evidence, it must be authenticated by proof showing that the writing is what the proponent claims it is.

Front 6

who should decide the authenticity of a document?

Back 6

the authenticity of a document is a preliminary fact to be decided by the jury.

Front 7

who may authenticate a recording of a voice?

Back 7

any person familiar w/an alleged speaker's voice may authenticate a recording of the voice by giving an opinion as to its identity.

note: lay opinion testimony is sufficient to identify a voice.

Front 8

who may verify a writing?

Back 8

someone with (1) personal familiarity with the person's handwriting; or (2) a basis for forming an opinion as to the handwriting derived from speciailized knowledge; or (3) a particular fact-finding function, such as that assigned to the jury.

Front 9

what is a typical Dead Man Act?

Back 9

A Dead Man Act provides that a party or person interested in the event, or her predecessor in interest, is incompetent to testify to a personal transaction or communication with a deceased, when such testimony is offered against the representative or succesor in interest of the deceased.

they are designed to protect those who claim directly under the decedent from perjured claims.

Front 10

what is an admission?

Back 10

an admission is a statement made or an act done that amounts to a prior acknowledgment by one of the parties to an action of one of the relevant facts.

Front 11

what is the theory of allowing admissions of party-opponents?

Back 11

courts allow admissions by a party-opponent on the theory that if the party sais or did something that now turns out to be inconsistent with his contentions at trial, he should be estopped from preventing the earlier statement's admission into evidence.

Front 12

are vicarious admissions allowed?

Back 12

some statements are considered admissions even if not made by the party against whom they are offered. i.e. a statement by an agent concerning a matter w/n the scope of her agency, mady during the existence of the agency relationship.

Front 13

are evidence of repairs/precautionary measures made after an injury admissible to prove negligence?

Back 13

no, for public policy reasons. the purpose is to encourage people to make such repairs.

Front 14

what is the difference between habit evidence and character eveidence?

Back 14

habit describes one's regular response to a specific set of circumstances. character describes ones's disposition in respect to general limits.

Front 15

in a civil case, is evidence of character to prove the conduct of a person in the litigated event admissible?

Back 15

generally, no. slight probative value of character is outweighed by the dangers of prejudice and distracting from main issue.

Front 16

what is evidence of habit?

Back 16

habit describes a person's regular response to a repeated specific situation.

Front 17

what is character evidence?

Back 17

character describes one's disposition in respect to traits or general patterns of behavior.

Front 18

is evidence of habit relevant and admissible?

Back 18

evidence of a person's habit is relevant to prove that the conduct of the person on a particular occasion was in conformity with that habit and therfore admissible.

Front 19

what is the dying declaration exception to hearsay?

Back 19

a statement made by a now unavailable declarant while believing her death was imminent that concerns the cause/circumstances of what she believed to be her impending death is admissible.

Front 20

when applying the dying declaration exception, must the declarant actually be dead?

Back 20

no. the declarant need not actually die as a result of the circumstnaces giving rise to her belief of imminent death.

Front 21

what does one need to testify as an expert?

Back 21

a person must have special knowledge, skill, experience, training, or education sufficent to qualify him as an expert on the subject to which the testimony relates. the expert must possess reasonable certainty or probability regarding his opinion.

Front 22

who may testify if the subject matter is scientific, technical, or requires specialized knowledge?

Back 22

expert testimony is admissible and appropriate. in these areas, layperson testimony would not be permitted.

Front 23

who may motion to strike an unresponsive answer?

Back 23

the examining counsel only, not opposing counsel.

Front 24

may examining counsel adopt an unresponsive answer?

Back 24

yes, examining counsel can adopt an unresponsive answer if it is not ofjectionable on some other ground.

Front 25

will state courts take judicial notice of law of a foreign country?

Back 25

no.

Front 26

what is a notorious fact?

Back 26

facts of common knowledge in the community

Front 27

what is a manifest fact?

Back 27

fact capable of certain verification by resort to easily accessible sources of unquestionable accuracy.

Front 28

are notorious or manifest facts appropriate for judicial notice?

Back 28

yes both are appropriate for judicial notice. notice MUST be taken of these facts if so requested by a party.

Front 29

what is relevant evidence?

Back 29

relevant evidence tends to prove or disprove a material fact in issue.

Front 30

when is proof of specific instances of a person's conduct admissible?

Back 30

when character is directly in issue.

Front 31

when is evidence relevant?

Back 31

evidence is relevant if it tends to make the existence of a material fact more probable or less probable than it would be w/o the evidence.

Front 32

when may relevant evidence be admissible?

Back 32

relevant evidence may be admitted unless there is some specific rule against its admission, (i.e. hearsay)

Front 33

is there a situation where a patient cannot invoke his doctor-patient privilege?

Back 33

a person cannot invoke the doctor-patient privilege, which prohibits the doctor from divulging information acquired while attending a patient, where that person has put his physical condition in issue, (i.e. personal injury case)

Front 34

what is the general rule regarding bolstering or accrediting the testimony of a witness?

Back 34

generally, a party may not bolster or accredit the testimony of her witness until the witness has been impeached.

Front 35

what is the public records exception to hearsay?

Back 35

under the public records exception to hearsay rule, records, reports, statements, or data compilations in any form of public offices or agencies are admissible if they set forth: (1)the activites of the office or agency; (2) matters observed pursuant to a duty imposed by law (excluding police observations in crim cases); (3) factual findings resulting from an investigation made pursuant to authority granted by law, in civil actgions and against the government in crim cases.

Front 36

is a photograph always admissible?

Back 36

no. a photo is not admissible unless proper foundation is laid. absent verification and identification,(foundation), a photo is not admissible.

Front 37

what must be done for a photo to be admissible?

Back 37

proper foundation must be laid. a photo must be identified by a witness as a portrayal of certain facts relevant to the issue, and verified by the witness as a correct representation of those facts.

Front 38

must the person testifying be the person who took the photo?

Back 38

no. it is sufficient if the identifying witness is familiar w/the scene or object that is depicted.

Front 39

what is the holding in the Hillman case?

Back 39

the Hillman court held that state of mind is admissible to show that the declarant acted in conformity w/his expressed declaration.

Front 40

may the state of mind exception to hearsay include declarations of intent?

Back 40

yes. declarations of intent offered to show subsequent acts of the declarant, i.e. a statemnt of intent to do something in the future is admitted as circumstantial evidence that the intent was carried out.

Front 41

may evidence of a witness's possible bias be admitted?

Back 41

evidence that a witness is biased or has an interest in the outcome of the case tends to show that the witness has a motive to lie.

Front 42

how can bias of a witness be proven?

Back 42

bias or adverse interest can be proved by cross-examination or extrinsic evidence.

Front 43

when is lay opinion testimony admissible?

Back 43

it is admissible when (1) it is rationally based on the perception of the witness; (2) it is helpful to a clear understanding of his testimony or to the determination of a fact in issue; and (3) it is not based on scientific, technical, or other specialized knowledge.

Front 44

are lay opinions allowed regarding the general appearance/condition of a person?

Back 44

yes.