Az Evidence Bar Exam

Front 1

What must a judge do if a criminal defendant offers to stipulate to a prior felony conviction and the prosecution declines?

Back 1

Must exclude evidence of the prior conviction b/c it abuse discretion prejudicial effect outweighs the probative value of the evidence.

Front 2

A witness my not testify unless:

Back 2

He has personal knowledge of the matter. This includes hearsay statements.

Front 3

What can an examiner do if a witness cannot recall an event?

Back 3

Refresh recollection. This can be done by calling attention to a fact or referencing a writing.

Front 4

Four requirments for objections:

Back 4

timely: made as soon as there are grounds to object

Specificity: must delienate specit groun for objection unless obvious

Waiver: Can waive grounds fo obj. by introding similar inadmissible evid.

Probative worth: evidence admitted w/o obj. is entitled to full probative worth

Front 5

What is an Offer of Proof

Back 5

if evid is offered and excluded the party must make an offer fo proof so that the appellate court can effectvely revie wthe tial judge's actions. An offer of proof is an explantion read into the record out of the hearing of the jury.

Front 6

What does the marital priviledge cover? (fed) and AZ

Back 6

confidential comms. made during the marriage.

In AZ as opposed to FED the privlege is held by the party spouse and, his consent is needed. This applies to criminal and civil cases. Except divorce, suit against 3rd pty for alienation of affections and suit against 3rd pty. for adultery

Front 7

What is the present mental state exception to hearsay?

Note: AZ diff.

Back 7

They are admissible if offered to prove that condition. A statement of memory or belief is admissible under this exception if it relates to the execution of the declarant's will.

AZ follows the Dead Man's statute where neither party can testify against the other as to any rransaction with or by the testator unless called to testify by the opposite party or the court

Front 8

What is the rule as to character evid in a non-homocide crim. trial?

Back 8

D must "open the door" and put his character in issue before the prosecution can present evid. of bad charac. or rep.

The D "opens the door" by 1. introducing evidence of his good character or 2. evidence of victims bad character

Front 9

What can a lay person do?

Back 9

Give lay opinions (stupid!) He may testify to inferecne or give opinions. Lay opinions are not persmislb eon suject reserve for experts.

Front 10

What is the rule on competency of witnesses in criminal trials in AZ?

Back 10

Every person is competent to be witness.

Front 11

What is the AZ rule for witness competency in civil actions?

Back 11

persons of unsound mind and children under 10 who appear incapable of recieving just impression of fact are incompetent

Front 12

What is the Judicial Notice Rule in AZ?

Back 12

In civil and criminal cases the court must instruct the jury to accept as conclusive any fact judically notice.

Front 13

In Az what is the effect of a presumption and what happens when it is rebutted?

Back 13

A presumption doesn't shif the burden of proof and when a presumption is not based on an inference if rebutted it vanishes.

Front 14

What is the scope of Cross-X in AZ?

Back 14

A withness may be cross examined on any relevant matter. Cross X is not limited to suject raised during direct examination.

Front 15

When is admission of other crimes (not convictions) admissible in a criminal case?

Back 15

To prove identity, motive, plan, opportunity, notice.

Front 16

When are leading questions allowed?

Back 16

On cross X and when examining an adverse party, witness's memory is week or tender age

Front 17

What are the ways to impeach a witness?

Back 17

Attack their credibility or attack their perception of the events.

Front 18

What are the credibility ways to impeach?

Back 18

Prior Inconsitent Statements: must be inconsistent with a statement on the stand w/ extrinsic evid. w must have a chance to explain or deny

Bias: w. must be asked before it can be proven by Xtrin Evid

Conviction of a Crime: In AZ if eleicted from the w or established in public record if te court derminse that the probative value owtwaighs the prejucidial effect an, 1. was punishable by deathe or more than one year in prison 2. involed dishonesty or false statement regardless of punishment.

Specific instances of conduct probative of truthfulness or untruthfulness. Xtrin evid of such conduct is not allowed.

Character for Truthfulness: this can be done through opinions but only after truthfulness has been attacked.

Contradiction: contradiction testimony to an earlier witnesses testimony.

Front 19

When must the take the examininer take the answer of the witness on cross exam?

Back 19

When the witness is testifying as to a collaral matter (such as specific instances of conduct) because the examiner cannot introduce extrinsice evidence to contradict him.

Front 20

Describe the priviledge against self incrimination.

Back 20

It is a testimonial priviledge and does not apply to bodily items, handwriting, or voice samples. Except where Miranda warnings are involved this priviledge does not give the person a right to retract a statement.

Front 21

Definition of Relevancy and its counter weights

Back 21

Evidence is relevant if it has a tendenty to make the existnece of any fact that is of consequence more probable or less probable.

Evidence will be inadmissible if its probative value is substantially outwaighed by the danger of unfari prejudice, confusion of the issues, or is misleading to the jury.

Front 22

what are the rules concerning character evid when character is not directly in issue in AZ?

Back 22

Character of accussed or civil defendant: may be offered by the accused, or by prosecution to rebut the same, evid of aberrant sex propensity of accused or civ. def.

Character of Victm: pertinent trait of character of the victim of the crim offered by an accused or by the prosecutio ot rebut the same or prosecution in a homiced case to rebut evidence the the victime was the fir st aggressor.

Front 23

What is AZ rule concering admissibility of victims past sexual behavior?

Back 23

may be admitted only if a judge finds is relevant, material and the prejudicial nature does not outwaigh the probative value and if it is one of the follwing: Evid. of Vs past sex conduct w/ the D; Evidn of specific sex activity showing the source of the semen preganancy disease or trauma; evid. supporting a claim that victim has a motive to accuse D; Evid for the purose of impeahment whne the prosecutor puts the Vs pror sex conduct in issue; evidnece of false allegations made towards others

Front 24

What is the AZ amendment regarding metods of proof of character?

Back 24

In cases in which character is an essetial element of a charge, claim, or derfendce, proof may also be made of specific instance fof that person's conduct.

Front 25

What is the AZ rule concering Expert Testimony?

Back 25

AZ has not adopted Daubert and still applys the Fry test which says that the evidence is reliable if generally accepted by experts in the feild. Hence, Expert evidence based on experience, observations, and study is treated differently from opinions based on nover scientific principles.

Front 26

How does AZ prior inconsisten staement rule differ from the Fed rule?

Back 26

In AZ the prior statemetn is excluded from the category of hearsay if the prior statement is inconsitent with his present testimony regardless of whether or not the prior statement was given under other and subject to tthe penalty of purjury at trial

Front 27

What is the AZ rule for former testimony and depostitions?

Back 27

In on criminal action testiomny given as a withness at another hearing is admissible as an exception to the hearsay rule whther the declarant is available as a witness or not if the party against whom the testimony is now offered jad an opportunity and similar motive to develope the testimony.

Front 28

With what hearsay exceptions ai unavailability a requirement?

Back 28

prior recorded testimony, declarion against interest, and statement amde under belief of impending death (only available in civil or homocide prosecutions)

Front 29

When is non-verbal conduct hearsay?

Back 29

When it is intended to make an assertive statement by the conduct.