9583075
Description
Flashcards by Zak Martinez, updated more than 1 year ago
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Created by Zak Martinez
almost 7 years ago
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| Question | Answer |
| Offers of Settlements | Evidence of a settlement or offer to settle a disputed claim is inadmissible to prove liability or weakness of a party's case; Statements of fact made in the course of settlement discussions are inadmissible |
| Character Evidence in Criminal Cases | Evidence of the defendant's character to prove conduct in conformity is NOT ADMISSIBLE during the prosecution's case-in-chief, BUT D may introduce evidence of a relevant character trait , thereby opening the door to rebuttal |
| Defendant's Other Crimes for Non-Character Purpose | Other crimes or bad acts of D are not admissible during prosecution's case-in-chief BUT if they show something specific about crime charged, such evidence might be admissible as evidence bearing on the guilt (MIMIC factors) |
| MIMIC Factors | M - Motive I - Intent M - Mistake or Accident (Absence of) I - Identity C - Common Scheme or Plan |
| Methods of Authentication | 1) W's personal knowledge 2) Proof of Handwriting 3) Ancient Document Rule 4) Solicited Reply Doctrine |
| Self-Authenticating Documents | 1) Official Publications 2) Certified copies of public or private records on file in public office 3) Newspapers or periodicals 4) Trade inscriptions and labels 5) Acknowledged Document 6) Commercial paper |
| Best Evidence Rule | In order to prove the contents of a writing, recording, or photograph, an original must be produced When BER does not apply: When a witness with personal knowledge testifies to a fact that exist independently of a writing which records the fact |
| Leading Questions | Generally NOT allowed on direct, but allowed on cross; they ARE allowed on direct in following situations: 1) Preliminary Q's 2) Youthful/forgetful W 3) Hostile W 4) Adverse party |
| Refreshing Recollection | Witness may not read from prepared memos, must testify on basis of current recollection; BUT if W's memory fails him, he may be shown anything to jog his memory; Adversary has right to inspect, use on cross, and admit into evidence |
| Past Recollection Recorded | Foundation for admissibility of contents of a writing: 1) showing writing to W fails to jog memory 2) W had personal knowledge at former time 3) Writing was either made by W or adopted by W 4) Making or adoption occurred when event was fresh in W's memory 5) W can vouch for accuracy of writing when made or adopted |
| Opinion Testimony - Lay Witness | Lay opinion admissible if: 1) Rationally based on W's perception and 2) Helpful to jury in deciding fact Ex. Drunk/sober, speed of vehicle, etc |
| Opinion Testimony - Expert Witness | a) Qualifications - Education and/or experience b) Proper Subject matter - scientific, technical, or other specialized knowledge that will be helpful to jury c) Basis of opinion - expert's opinion must have reasonable degree of probability or reasonable certainty d) Reliability e) Learned Treatise in Aid of Testimony - can be used on direct and cross |
| Impeachment Methods | 1) Prior inconsistent statements 2) Bias, interest, or motive to misrepresent 3) Sensory deficiencies 4) Bad reputation or opinion about W's character for truthfulness 5) Criminal convictions 6) Bad acts that reflect adversely on W's character for truthfulness 7) Contradiction |
| Prior Inconsistent Statements | Any W may be impeached by showing that on some prior occasion, she made a material statement, orally or in writing, that is inconsistent with her trial testimony; those that were given orally under oath AND as part of a hearing, deposition, etc can be used for impeachment AND as substantive evidence |
| Bias, Interest, or Motive to Misrepresent | Ex. W is a party, friend, relative or employee of party, someone being paid by party, person with grudge, etc. |
| Bad Reputation or Opinion About W's Character for Truthfulness | No specific instances allowed, but another W can testify as to original W's reputation for truthfulness or express his opinion about it |
| Criminal Convictions | 1) Conviction of ANY crime involving dishonesty or false statement 2) Any felony, unless probative value is outweighed by danger of unfair prejudice *Either way, conviction or release from prison, whichever is later, must be within 10 years of trial |
| Inquiry About Bad Acts if They Reflect Adversely on W's Character for Truthfulness | Confrontation on cross is the only permissible means; no extrinsic evidence is permitted; cross-examiner must have good-faith basis and ability to inquire lies in court's discretion |
| Attorney-Client Privilege | Applies to confidential communications between attorney and client (or representative of either) made during professional, legal consultation, unless privilege is waived or an exception applicable *Client must intend confidentiality |
| Physician-Patient Privilege | Applies to confidential communication or information acquired by physician from patient for purpose of diagnosis or treatment or medical condition |
| Hearsay Exceptions | 1) Former Testimony 2) Statement Against Interest 3) Dying Declaration 4) Excited Utterance 5) Present Sense Impression 6) Present State of Mind 7) Declaration of Intent 8) Present Physical Condition 9) Statement for Purpose of Medical Treatment or Diagnosis 10) Business Records 11) Public Records |
| Former Testimony | The former testimony of a now-unavailable witness, if given at a former proceeding or in a deposition, is admissible against a party who, on the prior occasion, had an opportunity and motive to cross-examine or develop testimony of W UNAVAILABILITY: 1) Death/Illness 2) Absence from jurisdiction 3) Privilege 4) Stubborn Refusal 5) Lack of memory |
| Statement Against Interest | An unavailable declarant's statement against his or her pecuniary, proprietary, or penal interest; Theory - not likely to lie when making a personally damaging statement |
| Present State of Mind | Contemporaneous statement concerning declarant's present state f mind, feelings, emotions; theory - contemporaneous statement about matter as to which declarant has unique knowledge |
| Declaration of Intent | Statement of declarant's intent to do something in the future, including the intent to engage in conduct with another person |
| Present Physical Condition | Statement made to anyone about declarant's current physical condition |
| Statement for Purpose of Medical Treatment or Diagnosis | Statement made to anyone concerning past or present symptoms or general cause of condition for the purpose of treatment or diagnosis |
| Business Records | 1) Records any type of business 2) Made in the regular course of business 3) The business normally keeps such records 4) Made at or about the time of the event recorded 5) Contents consist of: info observed by employees of the business or a statement that falls within an independent hearsay exception |
| Pubic Records | Records of a public office or agency setting forth: 1) The activities of the office or agency 2) matters observed pursuant to a duty imposed by law or 3) Findings of fact or opinion resulting from an investigation authorized by law |
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