Flashcards
Evidence rules and objections: hearsay, relevance, character
Flashcards do conjunto (12)
- 1Evidence Question Breakdown Steps1. Underline the cause of action – is it a civil case or a criminal case?
2. Situate the proceeding and identify the parties and witnesses.
3. Determine the purpose for which the evidence is being offered. - 2Objection Mnemonic OPRAHOPRAH:
Original Writing Rule
Privilege
Relevancy
Authentication
Hearsay - 3Hearsay: Admission by a party opponent requirements1. Statement is by or attributable to a party.
2. Personal Knowledge of facts not required.
3. Statements need not have been against interest when made.
4. Declarant need not be unavailable. - 4Hearsay: Declaration Against Interest Requirements1. Declarant need not be a party
2. Personal Knowledge of Facts Required
3. Statements must have been against interest when made
4. declarant must be unavailable. - 5Hearsay: Assertive v. Non-Assertive ConductAssertive Conduct: Assertive conduct is conduct intended as a substitute for words. When it is offered for its truth, such a statement can be hearsay.
Nonassertive Conduct: Nonassertive conduct is not hearsay. It is conduct not intended as a statement or assertion. - 6What is relevance?Has a tendency to make the existence of any fact of consequence to the determination of an action more probable or less probable than it would be without that evidence.
- 7Components of RelevanceMaterial—that is, the proposition must be “of consequence” in the case (though it does not need to be the
ultimate issue); and
Probative—meaning, the evidence has “any” tendency
to make the proposition more or less likely - 8If a defendant in a criminal case presents evidence of his own good character for a particular trait, which of the following is a permissible method of rebutting this evidence?If the defendant puts her character in issue, the prosecution may rebut the defendant's character evidence by calling qualified witnesses to testify to the defendant's bad reputation for the particular trait involved. The witness may also testify as to his own personal opinion regarding the trait at issue of the defendant. However, introducing evidence about specific acts by the defendant is not allowed (whether by calling witnesses or introducing documentary proof of the act).
If the defendant puts her character in issue by having a character witness testify as to his opinion of the defendant or the defendant's reputation, the prosecution may test the character witness by cross-examination regarding the basis for his opinion or knowledge of the reputation that he has testified about (i.e., whether the witness knows of or has heard about specific instances of conduct by the defendant). If the witness denies knowledge of these specific instances of conduct, however, the prosecutor may NOT prove them by extrinsic evidence. - 9Character evidence is admissible in a civil case if:Where character is directly in issue in a civil case, character evidence is admissible.
A defendant in a criminal case may "open the door" by introducing evidence of his own good character to show his innocence, thus allowing the prosecution to rebut with evidence of his bad character. However, this rule does not apply to civil cases.
Where character evidence is allowed in a civil case (i.e., when character is directly at issue), under the Federal Rules, any of the types of character evidence (reputation, opinion, or specific acts) may be used.
Character evidence is admissible in a civil case if it is directly in issue, regardless of whether it is offered to show a good character trait or a bad character trait. - 10Is character evidence allowed in civil case?Only when character is directly at issue: Defamation, Negligent Hiring, Child Custody.
- 11A defendant is charged with armed robbery. For which purpose is extrinsic evidence that he previously stole a gun inadmissible?Extrinsic evidence of the defendant's other crimes or misconduct is inadmissible if such evidence is offered solely to show that the defendant is violent and therefore has a criminal disposition. Otherwise known as propensity.
- 12A defendant is charged with armed robbery. For which purpose is extrinsic evidence that he previously stole a gun inadmissible?ther crimes or misconduct is admissible if these acts are relevant to some issue other than the defendant's character or disposition to commit the crime charged (e.g., to show motive, opportunity , intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident) whenever these issues are relevant. For example, evidence that the defendant previously stole a gun could be brought in to show that the defendant planned to commit the robbery, that the defendant had stolen the same gun that was used in the robbery, and that the defendant had stolen the gun in preparation for the armed robbery.
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- Bar Evidence FlashCards sobre Sem título, criado por Alexander Vidal em 17-05-2022.
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- Alexander Vidal
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