Ny Distinctions Evidence

Front 1

Determining Relevence: Habit

Back 1

Habit Evidence usually inadmissible

In products liability cases, habit evidence is admissible to establish P used product in a particular way

Front 2

Policy-Based Relevance: subsequent remedial measures

Back 2

in manufacturing defect case, SRM are admissible to establish defectiveness of product when made

contrast: in design defect of failure to warn case, post-modifications admissible ONLY to defeat the manufacturer's claim that at the time of manufacture, such modifications were not feasible.

Front 3

Policy-based relevance: withdrawn guilty pleas

Back 3

Ny allows a withdrawn guilty please to be used as an admission in a subsequent civil proceeding arising out of the same facts

Front 4

character evidence: how D proves character

Back 4

charater witness may testify in criminal cases about the D reputaion (not give opinion) in the community and only to those traits that are relevant to crime involved
(same rule for prosecusion rebuttal witnesses)

Front 5

character evidence: how prosecution rebuts D character evidence

Back 5

NY allows introduction of prior convictions only when they adversely afect the character trait in issue

Front 6

character evidence: rape case

Back 6

evidence relating to victim's sexual conduct is admissinle if it has a proper bearing on the D guilt or innocence:
(1) V conviction for prostitution within 3 years prior to the sex offense that is the subject of the prosecution

Front 7

a competency of witness: appreciation of Oath Obligation

Back 7

conviction cannot be had on unsworn testimony alone

Front 8

dead man acts: applicable to civil cases only

Back 8

applies general provisions of the dead man act and extends coverage to incompetents

Front 9

dead man acts: automobile exception

Back 9

a survivor is competent to testify as to facts of negligence or contributory negligence invovled in an accident

Front 10

credibility impeachment: means of proof

Back 10

an admission by the witness on cross-examination that he has been convicted DOES NOT PRECLUDE the cross-examiner from questioning the witness further to ascertain the criminal act that was the basis of the conviction

Front 11

credibility impeachment: specific instances of misconduct - bad acts

Back 11

NY adopts broader standard and allows inquiry into immoral, vicious or criminal acts that affect credibility

Front 12

statements that are non-hearsay under federal rules: prior inconsistant statements

Back 12

PIS made in writing and signed OR under oath admissibe in both civil and criminal cases to impeach a witness's testimony

PISs not admissible as substantive evidence in criminal cases

Front 13

statements that are nonhearsay under the federal rules: admissions by Party-Opponent

Back 13

exception to heasay rule

Front 14

Hersay exceptions -declarant unavailable: dying declarations

Back 14

admissible only in a homicide case and only if relates to the declarant's death

Front 15

Hearsay exceptions - declarant's availability immaterial: present sense impressions

Back 15

corroboration required

Front 16

hearsay exceptions - declarant's availability immaterial: business records - records prepared for litigation

Back 16

accident reports prepared in the regular course of business operations or practice are admissible in NY , even if made in anticipation of future litigation