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26 Cards in this Set
- Front
- Back
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Judicial notice is taken of indisputable facts when they are LMN
Judicial notice is not for the LayMeN |
L – Legislative facts
M – Manifest facts that are easily and quickly verifiable by referring to an indisputably accurate source N – Notorious facts that are so commonly known within the court’s jurisdiction that it would waste the court’s time for a party to prove those facts |
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OPENS is closed out, even though it’s relevant
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O – Offers of compromise (in civil cases)
P – Evidence protected by Privilege E – Evidence pertaining to the Existence of liability insurance in a personal injury case N – A criminal defendant’s admissions in unsuccessful plea bargain Negotiations S – Evidence of Subsequent remedial repairs after an accident (in civil cases) |
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A witness must PURR before she can testify
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P – Personally perceived the event
U – Understand and take the oath or affirmation R – Remember the event R – Be able to Recall the event on stand |
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A witness can be impeached with prior convictions, as well as prior VIC acts for which
she was not convicted |
V – Vicious acts
I – Immoral acts C – Criminal acts |
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The 4 “PRIORS” aren’t hearsay provided the declarant testifies
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1 – Prior recorded recollection
2 – Prior out-of-court identification 3 – Prior consistent statement 4 – Prior inconsistent statement that was given under oath, subject to penalty of perjury, at a prior trial, hearing, or EBT |
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NON FLIPS are self-authenticating documents
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N – Newspapers and periodicals
O – Official publications issued by public authority N – Notarized/acknowledged documents (except wills), where the signer appeared before a notary, swore to truth of its content, and acknowledged execution F – Foreign public records, if the custodian’s signature is certified by the US Embassy L – Products identifiable by Label, tag, or trademark affixed in the reg course of business I – Negotiable Instruments and commercial paper P – Copies of Public documents or records, certified by the clerk of the agency or court that oversaw its custody S – Documents with a government Seal |
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Reliable expert testimony can be given in a black CAPER
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C – Confirmed by testing
A – Widely Accepted theory in the profession P – Whether Published E – Potential Rate of Error R – Reviewed by peers |
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To rebut an inference, a party can show that a missing witness was UCC
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U – Unavailable
C – Not under the party’s Control C – The missing witness’s testimony would only be Cumulative |
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Confidential privileges are SIP CHAMs
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S – Certified Social Worker privilege
I – Privilege against Self-Incrimination (under the 5th & 14th amendments) P – Press privilege C – Clergy privilege H – Husband-wife privilege and spousal testimonial privilege A – Attorney-client privilege M – MD-patient privilege |
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No leading questions on direct, unless the witness is HAIRY
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H – Hostile, unwilling, or biased
A – An Adverse party I – Identified/associated with an adverse party R – Unable to Recall facts and so recollection needs refreshing Y – Very Young or old with a communication problem |
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Use a CRIB PIC to impeach a witness
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C – Impeachment by Contradiction
R – W’s bad Reputation in the community for truthfulness I – W’s prior VIC acts (vicious, Immoral, or criminal) B – W’s Bias P – W’s Prior inconsistent statement I – Influence of Drugs or Alcohol on W C – Prior Criminal convictions of W |
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RIP character evidence is admissible when a W’s character or trait of character is an
essential element in a crime, civil claim, or defense |
R – Reputation
I – Specific Instances of prior conduct P – W’s Personal opinion |
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A MIMIC can introduce prior crimes, on direct exam
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M – To show D’s Motive for committing crime
I – To show D’s specific Intent or guilty knowledge M – To show absence of Mistake or accident I – To Identify D as perpetrator C – To establish a Common plan or scheme |
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Declarant is unavailable, was picked up by the San Francisco Fire + Police Dept
SFFPD |
Statement against interest
Former testimony Forfeiture by wrongdoing Pedigree Dying declaration |
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I don't care if you are here or not you are going to get BOPPPED 3 times the Peeeeeee
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B – Business Record
O - Official Record P - Present sense impression (describes contemp.) P - Present (then existing) state of mind P - Past recollection recorded E - Excited utterance (emo state, reaction) D - Diagnosis |
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BRIBE K, and admit the listener’s state of mind
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B – Belief
R – Reason I – Intent B – Bias E – Emotion K - Knowledge |
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Offer the Business Records of Mr. TRUMP
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T – Record must have been Timely made “at or near” the time of the matter recorded
R – Routine/Regular practice of that business U – Under a duty to supply information for the record, unless the statement falls into another hearsay exception, in which case the statement would be admitted, provided the other 4 TRUMP elements are satisfied (“hearsay w/in hearsay”) M – The record was Made and the info was kept as part of the regular practice of that business; AND P – Personal knowledge of the matter recorded |
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When non-testimonial hearsay is admissible against the criminal defendant, it’s BAD
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B – Business records
A – Admission by co-conspirator made during and in furtherance of the conspiracy D – Dying declaration |
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An original document may be replaced by A DOPE when
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A – Its content was judicially Admitted by party against whom it’s being offered
D – The document has been Destroyed or lost O – The original is Outside the court’s subpoena jurisdiction P – Public record E – The original is under the Exclusive possession of the opposing party |
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A MIMIC can introduce prior crimes, on direct exam
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M – To show D’s Motive for committing crime
I – To show D’s specific Intent or guilty knowledge M – To show absence of Mistake or accident I – To Identify D as perpetrator C – To establish a Common plan or scheme |
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SIR admit you EAT2 DAMP and hearsay is admissible
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S – Declarant’s existing State of mind
I – Present sense Impression R – Business Records E – Excited utterance A – Admission of a party opponent T – Former Testimony T – Witness Tampering (Intimidated Witness Rule) D – Dying declaration A – Declaration Against interest M – Miscellaneous residual hearsay exception P – Pedigree statements |
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I declare P-DORM unavailable (and admit T-DAMP hearsay)
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P – A party who invokes a Privilege
D – A party who is Dead or too sick to come to court O – A party Outside the court’s subpoena power R – A party who Refuses to testify, even when ordered to do so by the court M – A party who lacks Memory of the incident in question |
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BRIBE K, and admit the listener’s state of mind
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B – Belief
R – Reason I – Intent B – Bias E – Emotion K - Knowledge |
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Offer the Business Records of Mr. TRUMP
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T – Record must have been Timely made “at or near” the time of the matter recorded
R – It must have been the habitual, Routine, regular practice of that business to systematically make and keep such a record U – Out-of-court declarant must have been Under a duty to supply information for the record, unless the statement falls into another hearsay exception, in which case the statement would be admitted, provided the other 4 TRUMP elements are satisfied (“hearsay w/in hearsay”) M – The record was Made and the info was kept as part of the regular practice of that business; AND P – Business records must identify the source of the info, and the person supplying info for the record must have had Personal knowledge of the matter recorded |
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Declarations against interest require PUMP
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P – that the OOC declarant knowingly made statement against declarant’s own
3P interest: P – Penal interest P – Pecuniary interest ($) P – Proprietary interest U – that the OOC declaration was made by person who is P DORM Unavailable at trial M – that when the declaration was made, the declarant had no Motive to misrepresent the facts; AND P – that the declarant had Personal knowledge of facts asserted |
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When non-testimonial hearsay is admissible against the criminal defendant, it’s BAD
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B – Business records
A – Admission by co-conspirator made during and in furtherance of the conspiracy D – Dying declaration |
