Fed Rules Evidence

Front 1

Rule 613b. Extrinsic evidence of a prior inconsistent statement is admissible when

Back 1

When witness given chance to explain or deny the statement.

Front 2

Prior inconsistent statement only admissible when

Back 2

It falls under exception to the hearsay rule

Front 3

A layperson can identify prior handwriting samples but can only act in what capacity?

Back 3

As a foundational witness

Front 4

Under Rule 608, FREvid. when can evidence of character be admitted?

Back 4

When it has been attacked by opinion, reputation or otherwise.

Front 5

When are specific instances of conduct admissible?

Back 5

If probative of truthfulness or untruthfulness. Extrinsic evidence of crime only admissible under 609

Front 6

Is reputation evidence hearsay under 803(21)?

Back 6

No, declarant immaterial too.

Front 7

803(6) is business record exception. Lay it out in elements

Back 7

Kept by person with knowledge
in course of regularly conducted business activity
if business kept that record and it is certified as in compliance with 902

Front 8

Prior identification only applies when

Back 8

Person testifies and identifies criminal accused and then testifies that it was the same identification made previously

Front 9

804(b)(3) Fed. R. Evid. requires corroboration when

Back 9

A statement that subjects the declarant to liability and offfered to exculpate the accused (is not admissible w/o
corroboration)

Front 10

Under rule 609 an old criminal conviction for moral turpitude is admissible unless

Back 10

The court finds that there has been substantial rehabilitation

Front 11

What are the two 801D types of statements that are not hearsay?

Back 11

Prior statement is one,
and Admission by party opponent is two.

Front 12

A statement describing or explaining a condition made while the declarant was perceiving it is called

Back 12

PRESENT SENSE IMPRESSION

Front 13

A statement of declarant's then exisiting state of mind
BUT

Back 13

Not including statement of memory or belief to prove a fact remembered unless it relates to the making of a will

Front 14

What is the requirement for statements of medical DX or TX

Back 14

Must be reasonably pertinent to treatment or diagnosis.

Front 15

Past recollection recorded

Back 15

When witness had knowledge, made record at time when matter was fresh in mind. CANNOT BE AN EXHIBIT

Front 16

can you admit evidence of matter not in business record, under 803(6)

Back 16

Sure you can,.

Front 17

Public records, data, statements reports are admissible as hearsay, declarant immaterial

Back 17

A. Set forth activities of that agency
B. Matters that there was a duty to report on
C. Exclude LEO in crim cases
D. Civil actions

Front 18

Declarant immaterial when these religious records come in

Back 18

Records of religious organizations, of death, birth, ancestry if kept regularly in registry and Marriage and baptismal certificates.

Front 19

Declarant immaterial. Property records. Talk about them

Back 19

Record admissible if it is done by agency where to prove filing and statements in such documents if relevant.

Front 20

Is someone's reputation hearsay?

Back 20

NO, declarant immaterial, admissible as an exception to 803 FREvid.

Front 21

If the declarant is unavailable, how do they qualify for that?

Back 21

Claims privilege,
Dead,
won't appear by subpoena,
refuses to testify even if ordered

Front 22

What are the 4 ways to get an unavailable declarant's HS in?

Back 22

Former testimony
Statement of impeding Death
Family history
Statement against Interest.

Front 23

What is the 807 exception?

Back 23

Used to be the catch-all, and it requires the statement to be offered as to a material fact, it is probative, and has substantial guarantees of trustworthiness.

Front 24

When can juror be called to testify?

Back 24

When they are asked if extraneous information was improperly brought to their attention; whether outside influence was brought to bear,
whether there was mistake on entering jury verdict form.

Front 25

When can subsequent remedial measures be admitted?

Back 25

To prove ownership, control, feasibility of precautionary measures, or impeachment.

Front 26

Offer to compromise cannot be used to show

Back 26

Liability, or amount of claim, or to impeach.

Front 27

Compromise offers under rule 408 can be used for

Back 27

Impeachment , to prove bias or prejudice

Front 28

Rule 409 cannot use evidence of offering medical expense payments except for:

Back 28

Statements made in course of an offer to pay medical expenses is admissible.