Advanced Evidence

Question 1

Judicial Notice

Answer 1

The court may take judicial notice of a fact if it:

Generally or notoriously known in the court’s territorial jurisdiction

Or

Accurately and readily determined from sources whose accuracy cannot be reasonably questioned. (Regulations and laws)

Question 2

401 Relevance

Answer 2

Has a tendency to make a fact in question more or less probable

And

Is a fact of consequence to the case

Question 3

403 balancing test

Answer 3

If the probative value of evidence is substantially outweighed by the risk of prejudice, confusion, creates an undue delay, misleading, waste of time, or cumulative

Question 4

404 character evidence

Answer 4

Evidence of character traits is not permitted to show that a person acted in accordance with those traits on a particular occasion

Question 5

404 character evidence, criminal case exceptions

Answer 5

Defendant may offer evidence of their character and the prosecution may rebut it.

Prosecutor may show evidence of victims peaceful nature to rebut a first aggressor claim

Question 6

404(b) evidence of other crimes exceptions to character evidence

Answer 6

Evidence of other crimes or bad acts can be used to show MIMIC. The prosecutor must give notice and fair warning to defendant.

Question 7

405 methods of proving character

Answer 7

When evidence of character is used it may be in the form of testimony about the persons reputation or testimony in the form of a person’s opinion.

On cross the court may allow questioning of specific instances of the persons conduct.

Question 8

406 habit and routine

Answer 8

Evidence of a person or organizations habits or routines may be used to show they acted in accordance to that routine or habit.

Evidence must demonstrate a clear and repetitive behavior that the person adheres to.

Question 9

408 compromise offers and negotiations

Answer 9

Evidence is not admissible to prove validity or amount, or to impeach for prior inconsistent statements or contradiction.

May be used to show bias, negate a claim of undue delay, or obstruction in a criminal investigation.

Question 10

407 subsequent remedial measures

Answer 10

Evidence of remedial measures cannot be used to show negligence, culpable conduct, defect, need for warning.

May be admissible for impeachment, ownership, control, or feasibility of precautionary measures.

Question 11

409 offers to pay medical bills

Answer 11

Offers to pay medical bills are not admissible to prove liability.

Admissions made in relation to these offers is.

Question 12

410 pleas, plea discussions

Answer 12

In a civil or criminal case, discussions of withdrawn guilty pleas, Nolo contendre, statements made during discussions with an attorney present.

Discussions can be used if another statement from the discussions was used and in fairness the it should be taken with the full statement.

Question 13

411 Liability Insurance

Answer 13

Evidence of insurance cannot be used to show a person acted negligently or wrongfully.

Question 14

412 sex offense crimes, victim

Answer 14

Evidence is prohibited that proves the victim engaged in other sexual behavior, or to prove a predisposition

In criminal cases, specific instances of sexual conduct if used to show that the defendant was not the source of dna, injury, or other physical evidence, to show consent, or if the prosecutor presents.

Civil cases, probatitve value must substantial outweigh prejudicial effect or if the victim has opened the door.

Question 15

412 sex offense crimes procedure

Answer 15

Party must file a motion to introduce evidence 14 days prior to trial.

Motion must present all evidence and its purpose.

Serve the motion to all parties.

Notify the victim.

Question 16

413 similar crimes in a sexual assault case

Answer 16

In a criminal case where defendant has been convicted of previous sexual assault, those crimes can be presented as evidence of the defendants proclivity to commit those offenses.

Question 17

502 attorney client privilege

Answer 17

Work product from an individual consulting with their attorney in preparation for court proceedings is not admissible.

Question 18

600 general witness competency

Answer 18

601 witnesses are presumed competent
602 witness must testify about personal knowledge
603 witness must take an oath to tell the truth

Question 19

608 Witness character for truthfulness or untruthfulness

Answer 19

A witness’s may be impeached by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness or by testimony in the form of opinion. Evidence of truthfulness is only permitted to rehabilitate.

Extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to support or attack their character for truthfulness or untruthfulness.

Question 20

609 Impeachment by evidence of a criminal conviction

Answer 20

Felony - must be admitted in a criminal or civil case where the witness is not the defendant or the crime involved dishonesty or false statement, if witness is a defendant in a criminal case it may be admitted subject to a 403 test, if the conviction is more than 10 years old the probative value must substantially outweigh prejudicial effect.

Question 21

612 Writing used to refresh a witness’s memory

Answer 21

An adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates tot he witness’s testimony

Question 22

701 Opinion Testimony by Lay Witnesses

Answer 22

A lay witness may testify to opinions based on their own perceptions, that is helpful to the trier, is not based on scientific, technical, or specialized knowledge.

Question 23

702 Testimony by expert witness

Answer 23

The expert’s scientific, technical, or specialized knowledge will be helpful to the trier of facts. The testimony is based on sufficient facts or data. The testimony is the product of reliable principles and methods. The expert’s opinion reflects a reliable application of the principles and methods to the facts.

Question 24

703 Bases of expert testimony

Answer 24

The expert may rely on facts they are aware of if those facts would be relied on by the experts of the particular field.

Question 25

801 Hearsay

Answer 25

Statement made outside of court a party offers in evidence to prove the truth of the matter asserted

Question 26

801 not hearsay, declarant-witness's prior statement

Answer 26

A statement made that is subject to cross examination that is inconsistent with the current testimony and was given under oath, or is consistent with and used to rehabilitate or rebut, is not hearsay.

Question 27

801 not hearsay, opposing party's statement

Answer 27

A statement offered against an opposing party and was made or adopted by the opposing party, or was made by an authorized party or agent of the opposing party, is not hearsay.

Question 28

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Present sense impression

Answer 28

a statement describing or explaining an event or condition made while or immediately after the declarant perceived it

Question 29

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Excited Utterance

Answer 29

A statement relating to a startling event or condition, made while the declarant was under the stress or condition, made while the declarant was under the stress of excitement that it caused.

Question 30

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Then existing state of mind

Answer 30

A statement of the declarant's then existing state of mind.

Question 31

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Statement made for medical diagnosis

Answer 31

A statement made for and is reasonably pertinent to medical diagnosis or treatment.

Question 32

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Business records/records of regular activity

Answer 32

A record made at or near the time by someone with knowledge, kept in the regular course of business, for the purposes related to conducting regular business. The absence of the record can be used as evidence that it doesn't exist.

Question 33

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Public Records

Answer 33

If a record sets out the office's activities, is a matter observed under legal duty, factual findings from a legal investigation. Records by law enforcement are not permitted.

Question 34

803 exceptions to hearsay to the rule against hearsay, witness availability immaterial Reputation concerning character

Answer 34

Testimony about the reputation among a person's associates or in the community concerning the person's character is not hearsay.

Question 35

804 exceptions to hearsay to the rule against hearsay, declarant is unavailable Criteria for being unavailable

Answer 35

A person is unavailable if they claim a legal privilege, refuses to testify despite a court order, cannot remember, cannot be present to testify for health reasons, death, or has been prevented from attending by opposing party.

Question 36

804 exceptions to hearsay to the rule against hearsay, declarant is unavailable Former Testimony

Answer 36

Testimony given under oath, that is now offered against a party who had an interest int he outcome and an opportunity and similar motive to develop it through examination of the witness.

Question 37

804 exceptions to hearsay to the rule against hearsay, declarant is unavailable Statement under the belief if imminent death

Answer 37

A statement declarant made while believing the declarant's death to be imminent and was made about those circumstances.

Question 38

804 exceptions to hearsay to the rule against hearsay, declarant is unavailable Statement against interest

Answer 38

A statement that a reasonable person in the declarant's position would have made only if the person believed it to be true because when made is so contrary to the declarant's proprietary or pecuniary interest to clearly indicate its trustworthiness.