Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
12 Cards in this Set
- Front
- Back
|
Does the physician patient privilege apply in criminal cases?
|
No (same for psychotherapist patient privilege)
|
|
|
What is "The Rule"?
|
motion to exclude witnesses so they can't hear testimony of other witnesses
|
|
|
When using a writing to refresh a witness's memory - what is the adverse party permitted to do?
|
Entitled to inspect the writing.
|
|
|
May a party impeach a witness by showing they have been convicted?
|
Yes - but must be w/i past 10 years from date of the conviction or release from confinement - whichever is later. Remember that you always end up balancing probative value against prejudice.
|
|
|
What is the "The Gaskin Rule"?
|
After a witness testifies, any statement he made must, upon request, be made available to the adverse party for use in x-exam.
Get reasonable time to examine it. |
|
|
What is the predicate for business records - self-authentication?
|
Must be accompanied by affidavit stating that:
1. made by custodian 2. records kept in reg. course of busi. 3. made by employee w/ knowledge of the event recorded 4. made at/near time of event 5. original record or exact duplicate |
|
|
What are the rules of admissibility for expert testimony?
|
admissible if:
witness qualified; subj. matter appropriate; expert testimony will assist jury in deciding the case |
|
|
Who has the evidentiary burden of proving qualifies as expert witness?
|
burden on proponent of witness to est. by preponderance of the evidence that witness is an expert.
|
|
|
Who decides whether scientific evidence comes in?
|
Trial court = gatekeeper (Daubert)
|
|
|
What are the factors the court should consider under Daubert?
|
1. extent to which theory tested
2. extent to which technique relies upon subj. interpretation 3. whether theory subjected to peer review 4. potential error rate 5. general acceptance of theory 6. nonjudicial uses of theory |
|
|
What evidence may an expert rely on?
|
PK
hypo questions facts reasonably relied upon by other experts |
|
|
When is an original required?
|
GR: original required but duplicate admissible unless question is raised concerning the authenticity of the original
Exceptions: 1. org. lost/destroyed 2. org. not obtainable 3. org. outside Texas 4. org. in possession of opponent and not produced |
