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190 Cards in this Set

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  • Back
  • 3rd side (hint)
What is relevant evidence? Rule 401
Evidence that has any tendency to make the existence of a material fact more or less probable than it would be without the evidence.
Evidence is inadmissible for only three reasons:
Immaterial, or
Rule 402
All relevant evidence is admissible unless otherwise excluded, whereas evidence not relevant is not admissible.
What are the two tests for relevancy?
1. Must in some minimum way help establish the propostition it was introduce to establish (Relevance)
2. It must have something to do with the case. (Materiality)
Rule 403
Even relevant evidence may be excluded if;
its probative value is substantially outweighed by the danger of unfair prejudice, confusion, misleading the jury, delay, waste of time, or cumulative evidence.
Under - Cover -of- Darkness- My - Wife - Cheated
Can an opponent cast doubt on a claim by showing he has made similar claims or defenses against others in the past?
Generally no. The probative value is outweighed by chance of confusion/undue prejudice. If, however, introduced to show similar "false" claims, usu. relevant under common plan/scheme exception.
When should such evidence of similar claims be admitted?
Should only be admitted if there is reason to conclude that the prior claims were fabricated.
What is a very important consideration in evaluating claim of similar happening or transaction?
The degree of similarity with the claims. Admissible to prove 1. condition existed, 2. D had knowledge, or 3. condition caused the injury.
Can a claim of similar happening or transaction be used to impeach a witness?
Yes. Repeatedly accusing others of similar behavior will be allowed most times for impeachment.
What of the admissibility of other past misrepresentations and frauds?
Generally inadmissible, unless offered to show previous similar "false" claims.
Evidence of other contracts and business transactions may be relevant to prove:
The terms of a K.
The meaning of the terms.
A business habit or custom.
T - M - H - C
What of other sales of similar property as evidence of value?
When the market value of property must be determined, the price actually paid in a competitive market for comparable items is a good place to start.
What of evidence of other accidents and injuries?
Evidence of other accidents or their absence is not admissible solely to show a propensity for careful or careless behavior.
When is evidence of other accidents or injuries admissible?
1. To show condition existed.
2. D had knowedge of it.
3. Condition caused the injury.
Is a history of safety for exculpatory purposes admissible?
Generally no. Rule against proof of absence of other accidents. Difficult to prove the non-existence of something.
What is the rule on subsequent remedial measures?
Rule 407
Not admissible to prove negligence, cuplable conduct, a defect in a product, a defect in design, or a need for a warning instruction.
When is evidence of subsequent remedial measures admissible?
Rule 407
If offered for proving;
Ownership or control,
Feasibility of precautionary measures, or
What is the general rule on compromise and offers to compromise?
Rule 408
Not admissible to prove liability or invalidity of the claim or its amount.
When is evidence of a statement made during the course of negotiations admissible?
If offered to prove;
Bias/prejudice of a witness,
Rebutting undue delay claim,or
To prove an attempt to obstruct an investigation/prosecution.
What of statements of fact or documents presented during negotiations?
Majority: Statements of fact made during negotiations,and documents presented are admissible.
What of evidence of offer or promise to pay medical bills?
Rule 409
Not admissible to prove liability for the injury.
Admissibility of pleas, plea discussions, and related statements?
Rule 410
A guilty plea later withdrawn, a nolo contendere, or a statement in plea meeting with a prosecutor is not admissible against the D who made the plea.
Exception to Rule 410, inadmissiblity of pleas, etc?
Rule 410
If one statement from a plea discussion is allowed, and the statement at issue should, in fairness, be allowed to be considered along with the other one.
Criminal perjury case.
Admissibility of liability insurance?
Rule 411
Evidence that a person was or was not insured is not admissible to show he acted negligently or wrongfully.
When is evidence of liability insurance admissible?
Rule 411
To prove proof of agency,
Ownership or control, or
Bias or prejudice of witness.
What are the three types of character evidence?
1. Reputation
2. Opinion
3. Prior specific acts
What is the general rule on the admissiblity of character evidence?
Can't show evidence of a D's bad character to prove that D was more likely to act in the way charged, unless the D presents evidence of his good character.
What evidence may a D present to show his good character?
May only use reputation or opinon evidence, not allowed to show evidence of prior specific acts.
May a prosecutor cross-examine a D witness as to whether he has "heard" of any conflicting prior specific acts by the D?
Yes. This is not to present evidnece of prior crimes, but instead to impeach the credibility of the witness.
When does a D place his character in issue?
If the D testifies, he automatically places his character as to truthfulness into issue.
What is the MIMIC rule?
If the prosecutor has a purpose other than showing the D acted within his bad character, then the evidence will be admitted.
Explain the MIMIC acronym.
M- Motive
I- Intent
M- Absence of mistake
I- Identity
C- Common plan or scheme
When may the D present character evidence of the victim?
In a claim of self-defense, the D may show evidence of a character trait of the victim to show his bad character and propensity to act as he did in the incident.
When is character actually in issue, other than if the D testifies at trial?
Only in a situation where character is an essential element of the offense, claim, or defense pled.
General rule under rape shield laws?
Rule 412
Bars all reputation and opinion evidence of the victim's past sexual conduct, but allows specific act evidence if certain conditions are met.
Under the rape shield laws, what conditions must be met to allow the admissibility of prior specific act evidence of the victim?
Court must conduct in camera hearing prior to admission.
Written notice must be given before trial.
Past sexual conduct w/accused.
If evidence of sexual conduct will show semen/injuries came from someone else.
I - N - S - Sert
General rule on habit/custom as evidence of conduct on a given occasion?
Rule 406
Habit of a person or routine business practice is admissible to prove the conduct on a given occasion conformed with the habit or routine practice.
What is the DICK rule in prior similar occurrence situations?
If the evidence of prior similar occurrences is offered for some other purpose than to show D acted in conformity with his character, it will be admissible.
What does the DICK acronym stand for?
D- Dangerous condition
I- Rebut the defense of
C- Establish the cause
K- Prove knowledge
What are the two components of Rule 801, Hearsay?
Oral/written assertion or
non-verbal conduct intended
to be an assertion.
Statement by one not the
witness at trial, offered
to prove the truth of the
matter asserted.
What statements, by definition, are not hearsay?
1. Prior inconsistent statement under
2. Prior consistent statement made
before the motive to falsify.
3. Prior identification by witness on
the stand, and avaialable for cross.
4. Party admission.
5. Statement of co-conspirator in
furtherance of the conspiracy.
General rule as to admissions of a party opponent.
Rule 801(d)(2)
A relevant statement by a party, or an employee acting in the scope of employment, made at a previous time is admissible.
Elements of admissibility of admission of a party?
1. Made by a party?
2. Relevant to the case?
3. Offered into evidence by
the oppossing party?
What is the three step analysis of a hearsay issue?
1. Meet hearsay definition
under 801(c)?
2. Is it removed from def. of
hearsay under 802(d)?
3. Qualify as an exception?
Four common situations the court will hold statements are not hearsay:
1. Independent legal effect.
2. Offered to show knowledge
or motive.
3. Impeach the credibility of
the witness.
4. Shows declarant's state of
S - I - C - K
Requirements for a present sense impression exception to the hearsay rule?
1. First hand knowledge of
nonexciting event.
2. Limited to description or
explanation of the event.
3. Statements only while
declarant was perceiving
the event or just after.
1st - DP
Two basic requirements for an excited utterance exception to the hearsay rule?
1. Event sufficiently start-
ling to make reflective
thought inoperative.
2. Spontaneous reaction to the
event, not a product of
reflective thought.
What of statements made in connection with an offer to compromise?
No exclusion required if the evidence is othewise discoverable.
Rule 409: Offer of payment of medical and similar expenses.
Evidence of offering to pay medical expenses is not admissible to prove liability for the injury.
Rule 410: Pleas, discussions, and related statements.
Evidence of a guilty plea later withdrawn, nolo contendre, or statement to prosecutor in plea discussion, are not admissible against the D.
What are the exceptions to Rule 410, inadmissibility of pleas, and statements in plea discussoins?
If statement already admitted from plea discussion and the other one should in fairness be considered with it.
Criminal perjury case.
Limited purpose of impeachment.
Rule 411: Liability insurance.
Evidence that one was or was not insured is not admissible to prove whether he acted negligently, or wrongfully.
Exceptions to Rule 411, inadmissibility of presence or lack of liability insurance.
If the evidence is used to show:
Proof of agency,
Ownership or contorl, or
Bias or prejudice of a witness.
May out of court statements be referred to if they aid in giving legal significance to the conduct of the parties.
Yes. If the significance of the statement is offered to only show the fact that the statement was made, not to the truth of the assertion.
What are the categories of statements that by definition, are not hearsay?
Rule 801(d).
Prior inconsistent statement given under oath.
Prior consistent statement if made before motive to falsify.
Prior I.D. made by witness available to testify.
A party admission.
Statement of co-conspirator in furtherance of the conspiracy.
PI2 - PC - PA - C
What are the four types of non-hearsay?
Rule 801(d).
Verbal acts.
Non-State of mindassertive conduct.
Does the declarant have to be available for cross-examination under Rule 801(d)?
PI2 - PC - PA - C
Yes for prior inconsistent statement, prior consistent statement, and prior I.D. Not for a party admission.
Rule 801(c) definition of hearsay.
A statement made, other than one by a witness at trial, offered to prove the truth of the matter asserted.
Rule 803 exceptions to hearsay, whether or not the declarant is availablt to testify.
Present sense impression.
Excited utterance.
Then existing physical/mental condition.
Purpose of medical diagnosis.
Recorded recollection.
Business records.
Rule 804 exceptions to hearsay, only available if the declarant is not available to testify.
Former testimony.
Statements against interest.
Dying declarations.
SaiD F
What is the three step analysis of hearsay issues?
Meet definition of hearsay under Rule 801(c)?
Removed from being hearsay under categories in 801(d)?
Qualify as exception under Rule 803, or 804?
What are four common cases where a court will not hold an out of court statement is hearsay?
Independent legal effect.
Shows knowledge or motive.
Impeach witness credibility.
Gives insight to declarants state of mind.
S - I - C - K
What is a present sense impression?
Statement while declarant is observing the event, or immediately thereafter.
1st DP
What is an excited utterance?
Statement made while declarant is still under the stress of a startling event.
What is a then existing physical/mental condition?
Statement of declarant's then existing state of mind, emotion, sensation, or physical condition. Doesn't have to be made to a doctor.
What is a statement made for purposes of medical diagnosis/treatment?
Statement made by patinent to a doctor consulted for treatment.
What is the most important consideration in determing whether an excited utterance will be admitted?
Temporal element. If the time interval between the event and statement is long enough to allow thoughtful reflection, then it will be excluded.
What of statements of state of mind to show memory or belief as proof of previous happening?
Forward looking statements of intention are admitted, while backward looking statements or memory/belief are excluded.
Rule 803(5): Records of past recollection.
A record of matter to which the witness had first hand knowledge, but can no longer recall to allow accurate testimony, shown to have been adopted by witness when event was fresh and accurately relects his knowledge, that is read into evidence.
How may the record offered into evidence be proven accurate?
Either the person who prepared it or one who read it at time close to the event, must testify to its accuracy.
Rule 803(6): Regularly kept business records.
Report of acts,event, opinions, or diagnoses made at or near event time by a person with knowledge in the course of regularly conducted business activity, as shown by testimony of qualified witness, unless circumstances indicate lack of trustworthiness.
ClinT Tried to Kill ReBA
Rule 803(8): Public records, reports, and certificates.
Records/reports in any form of public offices or agencies detailing activities, matters observed in duty imposed by law when there is duty to report, excluding police reports in criminal cases.
What are the 5 types of party admissions?
General or direct.
By conduct or silence.
What is the definition of hearsay? Rule 801.
An out of court statement offered to prove the truth of the matter asserted.
When may a failure to act be considered an admission?
If a party fails to respond in the face of an accusation it will be an admission if;
that party heard and understood and could respond;
a reasonable person in that position would respond.
When is a statement made by an agent or employee considered an admission?
Any statement made during the course of employment/agency will be considered an admission. Traditionally, the employee/agent had to be specifically authorized to make statements.
When is a statement of a co-conspirator considered an admission?
Any statement made during the existence or furthernance of the conspiracy is an admission, as long as the existence of the conspiracy is established by other evidence.
Rule 803(6): Business records exception.
The custodian of the records or other qualified witness must testify and establish; 1) record was made at or near time of event,2) by a person with knowledge of such event, and 3) in a regularly conducted business activity.
ClinT Tried to Kill ReBA
Does an absence of an entry in a record which would qualify as a business record prove that no event occurred?
Yes, as long as the relevant event would normally have an entry made upon its occurrence.
What business records will not qualify for this exception?
Statements in records preprared in anticipation of litigation, or if the source or other circumstances indicate a lack of trustworthiness.
Is the person who perceives the event the one required to enter the information into the report?
No. Both people however must be acting under a business duty.
Rule 803(8): Public records exception.
The records of public offices are admissible as to; 1)activities of the agency, 2)observations of those under legal duty to report, or 3)factual findings of legal investigations.
With respect to legally authorized investigation results, who are they admissible against and where?
Only admissible in civil proceedings, or against the gov't in criminal cases.
Rule 803(22): Prior felony convictions.
A prior felony conviction is admissible against the D in criminal case to prove facts essential to sustain that conviction. Not after a nolo contendere conviction.
Rule 803(5): Past recollection recorded.
Evidence in record on matter that witness once knew about but can't remember admissible if; 1)shown to be adopted when fresh in witness' memory, and 2) accurately relfects witness' knowledge.
Under past recollection recorded, will the written report be introduced into evidence?
No. The report/memo will only be read to the jury. Can only be introduced as an exhibit by the opposing party.
Rule 804(b)(1): Former testimony.
Testimony given by witness at a deposition, prior hearing, or other trial is adimissible if: 1) declarant is unavialble as a witness, and 2)the party against whom the former testimony is offered had a chance or similar motive to cross-examine.
Define unavailability.
Declarant is dead or mentally/physically unable to testify, due to privilege, refuses to testify despite court order, can't remember, can't obtain her presence by any available means.
What is habit evidence? Rule 406.
Evidence of (1)the habit of a person, or (2)routine practice of organization is relevant to prove that the person acted IAW that habit. Even w/o corroboration or eyewitness.
How will "habit" be indicated on the MBE?
Usually by words like "always"
"invariably" or "every time".
Rule 804(b)(3): Declaration against interest.
Statement made by declarant that (1) when made was against his interests subjecting him to criminal/civil liability, and (2) a reasonable person in that case would only have said it if it were true. Requires declarant unaviailablity.
May silence be considered to be a party admission? Rule 801(d)(2)(B).
Yes. 1)The silent party must have heard and understood the statement, and 2)a reasonable person in same case would have denied the statement.
What is the Frye Doctrine?
The thing from which the deduction is made must be sufficiently established to have become generally accepted in that field.
FRE 702 retreats somewhat from the Frye Doctrine. What is the rule on admissibility of scientific tests?
If it will assist the trier of fact in understanding the evidence or a fact in issue and is presented by a qualified expert it is admissible.
What qualifies one as an expert under the FRE?
Qualified as an expert by knowledge, skill, experience, training, or education.
S - K - E - E - T
What are common situations in which lay person opinion testimony is admissible?
General appearance of a person
State of emotion, intoxication
Voice/handwriting I.D.
Value of one's services
Rational/irrational behavior
B-E-H-A-V-V-I -or
What elements must be met for expert testimony to be admitted?
1. Opinion must be relevant, and methodology reliable.
2. Witness must be qualified.
3. Must have reasonable certainty, not guess/speculate.
4. Opinion must be supported by proper facts.
RailRoads are Quite Willing to Refund Cash Plus Favors
What three ways may an expert gain such factual knowledge on which to base his opinion?
1. Personal observation.
2. Facts made known at trial.
3. Facts made known outside of court.
May an opinion address the ultimate fact in a case?
Yes. If the opinion assists the trier of fact it is not objectionable if otherwise admissible in addressing the ultimate issue.
What is the exception to an opinion addressing the ultimate issue being admissible?
Opinion addressing a criminal D's mental state in a case where it is an element of the crime is not admissible.
How may a publication be established as reliable?
1. Testimony of expert.
2. Judicial notice.
May statements from a learned treatise be read into evidence as hearsay exception, if so, how?
1. Expert must be on stand when read.
2. The relevant portion is read into evidence but not received as an exhibit.
Define the scope of cross-examination.
Leading questions are permissible. Questions limited to matters asked on direct, and matters of witness credibility.
What is the general rule on collateral matter questions on cross-examination?
The cross-examiner is bound by the answer given, and cannot refute the response by producing extrinsic evidence.
How do the FRE treat privileges?
The FRE have no specific privileges provision. Privileges shall be governed by principles of common law interpreted in light of reason and experience.
Current privileges currently recognized in federal courts?
1. Attorney-client
2. Spousal communications
3. Psychotherapist/social worker-client
How may all privileges be waived?
1. Failure to claim it.
2. Voluntary disclosure of the privileged matter.
3. By contractual provision.
Who may assert the privilege?
Asserted by the party whose interest is sought to be protected or by someone authorized to assert it on their behalf.
When does the attorney-client privilege apply?
When one reasonably believed by the client to be authorized to practice law makes/receives a confidential communication during the rendering of legal services.
What two separate privileges exist as to husband-wife?
1. Privilege not to testify against spouse in criminal case, and
2. Privilege for spousal communications.
Describe spousal immunity privilege.
If spouse is D in criminal trial, other spouse can't be called as witness, and may not be compelled to testify in any criminal proceeding, incl. grand jury proceedings.
Who does spousal immunity privilege belong to?
Federal Court-
State Court-
Federal- Belongs to witness spouse.
State- Belongs to the party spouse.
What are the requirements for spousal immunity privilege?
1. Must be a valid marriage.
2. Privilege lasts only during the marriage, ends upon divorce or annulment.
Which spouse holds the privilege for spousal communications?
Both spouses. Either may claim the privilge to stop the other from disclosing confidential marital communications.
What are the elements of the spousal communication privilege?
1. Communication must have been made during a valid marriage.
2. Communication must have relied upon the intimacy of the relationship, intended to be confidential.
Describe the clergy-penitent privilege.
A person may not have to disclose or prevent others from confidential communications with the clergy during his role as a spiritual advisor.
What is the status of the professional journalist privilege on not divulging information sources?
SC has ruled there is no constitutional protection for the journalists info. sources. Privilege strictly limited to state statutes.
What are two governmental privileges?
1. Identity of informer
2. Official information, i.e. information not open to the public.
Who holds identity of informer privilege and how is it waived?
The gov't holds the privilege.
If I.D. is vonluntarily discolsed by gov't it is waived. Judge may dismiss it if informer's testimony is necessary to determine guilt or innocence.
Describe the ancient documents rule?
Under the FRE, statements in any authenticated document over 20 y.o. or more are admissible. Statements in a document affecting property rights are admissible regardless of age.
Describe the "catch-all" exception to the hearsay rule.
Statement must have guarantee of trustworthiness.
Must be offered on a material fact and more probative on that fact than other evidence.
Notice must be given to adversary before trial.
When is the "preponderance of the evidence" standard used and what is it?
In most civil cases. It means that the fact to be determined is more probably true than not.
When is the "clear and convincing" standard of proof used and what is it?
Some civil cases like fraud issues, oral K to make a will, or loss of liberty. It means there is a high probability that the fact is true.
When is the "proof beyond a reasonable doubt" standard used and what is it?
In criminal cases. The guilt of the D must be proven for all elements of the crime beyond a reasonable doubt.
What is a presumption?
A rule that a particular inference must be drawn from a given set of facts. Proof of the presumed fact does not have to be presented.
What is the effect of a presumption?
Imposes on the party against whom it operates the burden of going forward with evidence to rebut the presumption.
When is a presumption rebutted?
When the adversary presents some evidence contradicting the presumed fact. This makes the presumption have no force, or it is no longer in effect.
What is a permissible inference?
Allows a party to meet the burden of production but will not shift the burden to the adversary. Like res ipsa loquitur.
Describe the effect of presumptions in a criminal case?
Presumptions do not shift the burden of producing evidence, nor of persuading the fact finder. D is "presumed" innocent. This is a permissible inference.
What is a conclusive presumption?
It cannot be rebutted by contrary evidence.
What preliminary facts are to be decided by the jury?
Agency, authenticity of a document, credibility, and personal knowledge.
A - Da - C - P
What preliminary facts are to be decided by the judge?
Competency of evidence,privilege,hearsay expceptions,mental capacity, expert qual.,secondary evidence of a writing, and voluntariness of a confession.
What evidence may be considered by the judge in making preliminary factual determinations?
May consider all relevant evidence even if not admissible under the FRE.
Is evidence of prior claims, or same bodily injury admissible?
No. Similar prior tort claims, or prior accidents generally inadmissible unless evidence of false claims is introduced.
Is evidence of similar accidents or injuries caused by same event or condition admissible?
Yes, admissible to prove that 1. that defect existed
2. D had knowledge of it
3. that defect was the cause of the present injury.
Is absence of similar accidents admissible?
Yes, evidence of prior safety history and absence of complaints is admissible to show D's lack of knowledge of any danger.
What is judicial notice?
Recognition by the judge of a fact as true without the presentation of formal evidence.
What facts are appropriate for judicial notice?
Ones not subject to reasonable dispute:
1. generally known in jurisd.
2. capable of accurate and ready determination.
When may a scientific fact become judicially noticed?
Once the scientific fact or procedure has become:
generally accepted in the scientific community.
What is mandatory judicial notice?
1. Federal law
2. State law
3. Official regulations
What is permissive judicial notice?
Not easily verifiable so judge has the option.
1. City law
2. Congressional resolutions
3. Foreign laws
C - C - F
What are methods of establishing authenticity?
1. Party admission or act
2. Eyewitness testimony
3. Handwriting verification
-Lay witness may opine
-Compare w/genuine example
What is the reply letter doctrine?
A letter may be authenticated by evidence it was written in response to a communication sent to the author.
How are photographs admissible?
Testimony by witness that the photograph is a correct representation of the relevant facts. Not necessary to call the photographer.
What is the "silent witness" theory?
An observation camera photo is admissible w/o witness testimony if the camera is shown to have been operating properly at the relevant time.
What is the best evidence rule?
Applies to written documents and expresses a preference for originals.
What are the effects of the best evidence rule?
1. Witness may not testify to content of a document unless sufficient reason is given for its absence.
2. If there are other ways to prove the fact, the writing is not required.
3. Rule does not apply to writings of minor importance (collateral).
How does the best evidence rule deal with public records?
A copy of an official record is sufficient if it has been recorded and filed, and has been certified as correct, or testified as correct by one who compared it to the original.
What is the definition of an "original" writing?
A writing/recording or any duplicate meant by the executing person to have the same effect.
What is a "duplicate" writing?
A counterpart produced by the same impression as the original, or by mechanical or electronic re-recording which accurately reproduces the original.
What are valid excuses for not being able to produce the original document?
1. Loss or destruction of original.
2. Original outside of jurisdiction and not obtainable.
3. Original in possession of adversary who does not produce it after notice.
Witnesses are presumed to be competent to testify. What are the basic qualifications?
1. Communicate
2. Remember
3. Appreciate oath
4. Perceive events
C - R - A - P
What is a "dead man act?"
Where one in interest w/the deceased is made incompetent to testify as to the transaction with the deceased.
May the protections of the dead man act be waived?
The protected party may waive it.
Name 4 common ways a dead man act waiver may occur.
1.Protected party calls interested person to testify.
2.Deceased's former testimony is read in evidence.
3.Failure to make timely objection.
4.If protected party testifies to trans. then interested party may also.
What is the general rule for bolstering a witness' credibility?
A party may not bolster the testimony of his witness until the witness has been impeached.
What are the exceptions to the no bolstering until imeachment rule?
1.Timely complaint made at the earliest opportunity.
2.Prior I.D. okay for bolstering and as substantive evidence I.D. was correct.
Common ways to impeach a witness' credibility.
1.Prior inconsistent stmt.
2.specific Bad acts
3.Crime conviction
5.Sensory deficiencies
6.Reputation/opinion evidence
mr. PIB Creates Bold Sensory Results
mr. PI B C B S R
May one rehabilitate a witness by showing a prior consistent statement?
Generally no. However, if the adversary implied witness is lying, a PC statement may be used to bolster and as substanvive evidence it is true under hearsay exception.
Evidence course outline subject overview?
Relevance, Hearsay, Judicial notice, Authentication, Witness competency, Character evidence, Opinion/expert testimony, Proof/Presumptions, Credibility/Impeachment.
Right Hand Jane is A Woman COp who Pushes/Pulls Criminal/Indigents Perfectly Consistently.
Present sense impression
1st Double Penetration

1st hand knowledge
limited to Description/explanation at the time or near Perceiving the event.
1st Double Penetration
Past Recorded recollection
1st Flier in the Air Force ARK Really Eats it

1st hand knowledge Forgotten Adopted while Fresh Accurately Reflects the Knowledge, and Read into Evidence.
1st Flier in the Air Force ARK Really Eats it.
Excited utterance
Super Sport

Startling event
Spontaneous outburst at or near the time of event not indicative of reflective thought.
Super Sport
Business record
ClinT Tried to Kill ReBA

Custodian or qualified witness testifies that
at or near the Time of event by one with Knowledge of it in a Regular Business Activity.
ClinT Tried to Kill ReBA
Public record
Alcoholics Anonymous for Old Flying Farts is Inconsistent

Agency Activity Observations by one with a duty to record, or Factual Findings of official Investigations
Alcoholics Anonymous for Old Flying Farts is Inconsistent
Statement against interest
C2 Lab RePorT

Subjects one to Criminal/Civil Liabality which a Reasonable Person would state only if True.
C2 Lab RePorT
Dying declaration

One believing Death to be Imminent statement as to the Cause or Circumstances of his Impending Death.
Former testimony
OP Mice

Other Party had same/similar Motive to cross-examine.
OP Mice
Facts that are judicially recognizable.

Generally Known in the jurisdiction,
Accurately and Readily Determinable.
Scientific facts that are judicially recognizable.

Generally Accepted in the Scientific community.
Mandatory notice.

Federal laws, State laws and Official Regulations.
Permissive notice.

City ordinances, Congressional resolutions, and Foreign laws.
Character evidence admissible?
Generally not admissible unless character is directly in issue or to impeach the credibility of witness.
Character evidence introduced for a reason other than to show D acted in conformance with his character on a given occasion.
Evidence to show:
absence of Mistake
Common plan or scheme
Evidence of rape victim's sexual history inadmissible unless these factors are met.

In-camera hearing
written Notice to adversary
Sexual activity w/accused
to show Semen/injury caused by someone else
Three methods of authentication.
1. Party admission
2. Eyewitness testimony
3. Voice recog./handwriting verification
Ancient document rule.
1. 20 years old
2. Free from suspicion
3. Found in place logical for such a document.
20 Free SLaP
Best evidence rule.
Original document preference unless original is unavailable other than misconduct of the proponent.
Lay opinion testimony.
Generally not admissible unless no other evidence may be obtained.
1. Perception of witness
2. helpful to clear Understanding
3. Not Scientific,Tech. or other specialized Knowledge
Common situations where lay opinion is allowed.
1. Behavior
2. Emotional state
3. Handwriting I.D.
4. Appearance of person
5. Value of one's services
6. Voice I.D.
7. Intoxication
Generally, prior similar incidents are not admissible, however, certain similar incidents are.
HasBRo Food Service Plan

1. Habit
2. Business Routine
3. prior False claims
4. prior Similar act to show intent
5. prior sales of similar Property
HasBRo Food Service Plan
Under tHe Double Tree
HasBRo Food Svc Plan
Sick Pac Exceptions
SaiD F
Judicial Notice
Fat Science Man Perm
Peev 20
20 Free SLaP
Witness competency
M & IN
Opinion- Lay/Expert
Stinky Behavior by Skeeter on the Rail Road
Mr. PIB Takes the Pie
mr. PIB C B S R