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35 Cards in this Set

  • Front
  • Back
401
Relevant evidence is anything that makes the existence or nonexistence of a crucial fact more or less likely.
403
Evidence which would be a waste of the court's time, would confuse the jury, or is more prejudicial than probative can be excluded.
404(a)
Character evidence cannot be introduced to prove conformity therewith, with exceptions.
404(a)(1)
Character evidence can be introduced to show a pertinent character trait of the accused, or to rebut the same
404(a)(2)
Character evidence can be introduced to show a pertinent character trait of the victim, or to rebut the same.
404(a)(3)
Character evidence exceptions concerning the character of a witness, elaborated in 607, 608, and 609.
404(a)(4)
Previous acts cannot be introduced to show conformity therewith; they can be used for "other purposes," including motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
405(a)
If character evidence is admissible, it can be provided via reputation or the opinion of a witness.
405(b)
In cases where character is the essential element of a charge, character evidence can be introduced through specific instances of conduct.
406
Evidence of habit or routine practice can be used to show conformity with said practices.
407
The introduction of remedial measures after a harmful event does not prove liability.
408
An offer to compromise on a claim does not prove liability or make the claim invalid.
409
Offering to pay medical bills cannot be used to prove liability for the injury.
410
Statements made in a withdrawn guilty plea, in a plea of nolo contendre, or during plea discussions are inadmissible.
411
Failure to be insured against liability is not proof of negligence.
602
A witness cannot testify about an event unless they have personal knowledge of it.
607
The credibility of a witness can be attacked by any party.
608(a)
The character of a witness can be attacked using opinion or reputation, but only if it goes to the witness's truthfulness or untruthfulness.
608(b)
A witness's truthfulness or untruthfulness can be demonstrated through specific instances of conduct, if the judge rules it probative.
609(a)(1)
If a witness has been convicted of a crime, the conviction can be introduced only if the crime is punishable by either death or more than a year's imprisonment.
609(a)(2)
Any criminal convictions relating to dishonesty or false statements are admissible.
609(b)
Evidence of previous criminal convictions are inadmissible if more than ten years have elapsed since either the conviction or the termination of punishment.
609(c)
A criminal conviction is inadmissible if the witness has been shown to be rehabilitated or was found to be innocent.
609(d)
Juvenile adjudications are inadmissible, unless the court finds them to be probative.
609(e)
Just because an appeal is pending does not make a criminal conviction inadmissible.
610
Religious beliefs cannot be used to bolster a witness's credibility.
611(b)
Cross-examination should be limited to 1) issues raised on direct 2) issues of credibility.
612
A witness may use any material provided by AMTA to refresh their memory before or during testimony.
613(a)
If an attorney is cross-examining a witness regarding a prior statement, he need not show the witness the statement in question.
613(b)
A witness must be given a chance to defend themselves when presented with evidence of an inconsistent statement.
701
A lay witness can testify to their opinion only if it is 1) based on their rational perception 2) necessary to understand their testimony 3) not based on any specialized knowledge.
703
An expert witness can use facts not normally admissible in order to make their conclusions; the underlying facts can only be introduced at the court's discretion.
704(a)
Opinions as to the ultimate issue are not necessarily inadmissible.
704(b)
An expert witness cannot testify as to the mental state of the defendant at the time of the alleged crime.
705
An expert witness can give their conclusions without testifying to the underlying facts.