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16 Cards in this Set

  • Front
  • Back
Determining Relevence: Habit
Habit Evidence usually inadmissible

In products liability cases, habit evidence is admissible to establish P used product in a particular way
Policy-Based Relevance: subsequent remedial measures
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.
Policy-based relevance: withdrawn guilty pleas
Ny allows a withdrawn guilty please to be used as an admission in a subsequent civil proceeding arising out of the same facts
character evidence: how D proves character
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)
character evidence: how prosecution rebuts D character evidence
NY allows introduction of prior convictions only when they adversely afect the character trait in issue
character evidence: rape case
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
a competency of witness: appreciation of Oath Obligation
conviction cannot be had on unsworn testimony alone
dead man acts: applicable to civil cases only
applies general provisions of the dead man act and extends coverage to incompetents
dead man acts: automobile exception
a survivor is competent to testify as to facts of negligence or contributory negligence invovled in an accident
credibility impeachment: means of proof
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
credibility impeachment: specific instances of misconduct - bad acts
NY adopts broader standard and allows inquiry into immoral, vicious or criminal acts that affect credibility
statements that are non-hearsay under federal rules: prior inconsistant statements
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
statements that are nonhearsay under the federal rules: admissions by Party-Opponent
exception to heasay rule
Hersay exceptions -declarant unavailable: dying declarations
admissible only in a homicide case and only if relates to the declarant's death
Hearsay exceptions - declarant's availability immaterial: present sense impressions
corroboration required
hearsay exceptions - declarant's availability immaterial: business records - records prepared for litigation
accident reports prepared in the regular course of business operations or practice are admissible in NY , even if made in anticipation of future litigation