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29 Cards in this Set
- Front
- Back
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In Texas civil cases, evidence of subsequent remedial measure is generally inadmissible to prove negligence, defect, or lack of warning, but ...
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... evidence of a written notification of a product defect sent by a manufacturer to a purchaser is admissible to prove existence of the defect.
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In Texas civil cases, evidence of subsequent remedial measure is generally inadmissible to prove negligence, defect, or lack of warning, but ...
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... evidence of a written notification of a product defect sent by a manufacturer to a purchaser is admissible to prove existence of the defect.
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In Texas civil cases, evidence of subsequent remedial measure is generally inadmissible to prove negligence, defect, or lack of warning, but ...
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... evidence of a written notification of a product defect sent by a manufacturer to a purchaser is admissible to prove existence of the defect.
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In Texas, if a criminal defendant introduces evidence of victim’s violent character in self-defense case, then prosecution may ... but may not ...
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... may REBUT D’s evidence, but MAY NOT offer evidence of D’s violent character.
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In Texas civil cases, the rape shield law __ apply.
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DOES NOT
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Unlike the federal rules, character evidence is admissible in Texas civil cases to prove ...
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(1) D’s conduct in conformity with good trait by D accused of conduct involving moral turpitude (e.g., dishonesty, violence, or sexual misconduct);
and (2) V’s conduct in conformity with reputation or opinion testimony V’s character for violence by D accused of assaultive conduct to show V was first aggressor. |
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In Texas, a business record is self-authenticated if ...
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(1) profferor offers an affidavit by a custodian or other person capable of testifying that the record qualifies for the business records hearsay exception;
(2) the document satisfies the business records hearsay exception; (3) original or exact duplicate of the business record is attached to the affidavit; and (4) the affidavit and attachment are filed with the court at least 14 days before trial and prompt notice is given to other parties. |
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Under Texas’ best evidence rule, permissible excuses for not producing an original writing are ...
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(1) original writing is lost or cannot be found with due diligence;
(2) original writing was destroyed without bad faith; (3) the original writing cannot be obtained by legal process (it is beyond the reach of the court); and (4) the original writing is outside of Texas. |
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In Texas an otherwise competent witness may be declared incompetent to testify if ...
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(1) the witness was insane at the time of events witnessed;
(2) the witness is insane at time of trial; (3) the witness lacks sufficient intellect to relate events witnessed (e.g., a child). |
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Per Texas’s Dead Man’s Statute, an interested witness is incompetent if ...
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(1) the action is a civil case by or against the decedent’s estate, heirs, or legal representatives;
and (2) either party to the action seeks to testify to an oral statement (not conduct) made by a decedent. |
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The Texas Dead Man’s Statute does not render the interested witness incompetent if ...
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... either
(1) the decedent’s oral statement is corroborated by other evidence; or (2) the incompetent party is called by an adverse party to testify concerning the decedent’s oral statement. |
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In Texas, experts in cases based on health care liability claims must ...
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... actually be practicing (or teaching) the same type of care as that of the defendant, either at the time of the testimony or at the time the claim arose.
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In Texas, courts considering the admissibility of expert opinion evidence employ TRAPON factors, which are ...
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... the Daubert/Robinson factors of
[T]esting of principles or methodology; [R]ate of error; [A]cceptance by other experts in the same discipline; [P]eer review and publication; PLUS Texas’s own factors of [O]bjective versus subjective interpretation of data; and [N]onjudicial uses of principles or methodology (evidence is more reliable if based on methodology used for purposes other than litigation). |
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In Texas, expert witnesses may use words such as “negligence”, “proximate cause”, or “lack of testamentary capacity” so long as ...
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... they are employing the proper legal standard for the issue that is the subject of their testimony.
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In Texas, cross-examination __ limited to the scope of the witness’s direct examination.
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IS NOT
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In Texas, the procedure for impeaching a witness with prior inconsistent statements is ... but ...
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(1) witness must be told the contents of the prior inconsistent statement, the time and place the statement was made, and the person to whom the statement was made;
and (2) witness must be given an immediate opportunity to explain or deny the statement BUT these steps are not necessary when impeaching an opposing party. |
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In Texas, the types of convictions that may be used to impeach a witness are ...
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(1) felonies of any type;
and (2) crimes of moral turpitude (dishonesty, violence, or sexual misconduct). |
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In Texas, all uses of convictions for impeaching evidence require ...
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... the judge to balance probative value against risk of unfair prejudice.
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In Texas, when a conviction that is under appeal is offered to impeach a witness, ...
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... it cannot be used, but under FRE the fact of the appeal would come in as evidence with the fact of the conviction.
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In Texas, a conviction is not admissible to impeach a witness if the conviction was the subject of a pardon, annulment, certificate of rehabilitation , or other “equivalent procedure” based upon a finding of rehabilitation UNLESS ...
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... the individual was subsequently convicted of a felony crime or of a crime of moral turpitude.
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In Texas, a conviction is not admissible to impeach a witness if the conviction was the subject of a pardon, annulment, or other “equivalent procedure” based upon a finding of innocence UNLESS ...
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... the individual successfully completed probation.
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In Texas, impeachment confronting a witness on cross-examination with nonconviction evidence of bad acts relevant to the witness character for truthfulness ...
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... is absolutely barred.
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In Texas, there is no doctor-patient privilege in ...
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(1) criminal cases generally, but the privilege remains for drug and alcohol treatment;
and (2) if any party relies on patient’s physical or mental condition as a part of its claim or defense. |
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In Texas, the confidential communication between spouse privilege does not apply in ...
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... civil cases to any dispute between spouses and in incompetency or commitment proceedings.
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In Texas civil cases, to admit a deposition of a witness taken in the same proceeding, offeror __ show that witness has become available.
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NEED NOT
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In Texas cases, an offeror of hearsay excepted as a statement against interest __ show declarant unavailable.
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NEED NOT
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In Texas, hearsay excepted as a statement against interest also includes any self-damaging statement, i.e. ...
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... against “social interest”---a statement making declarant an object of hatred, ridicule or disgrace.
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In Texas, the dying declaration hearsay exception applies to ...
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... all types of all cases whether criminal or civil.
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In Texas, proving the foundation for admitting business records requires ...
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... either calling a sponsoring witness to testify to all five elements of the hearsay exception or using a “self-authentication” affidavit procedure, but under FRE foundation may be proved by a written certification under oath attesting to elements of business record hearsay exception.
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