What makes evidence logically relevant?
Probative AND material (27.8%)
What does probative mean?
Tends to make a fact more or less probable (27.8%)
What does material mean?
Fact is of consequence to the case (27.8%)
When may relevant evidence be excluded for legal relevance?
Probative value substantially outweighed by prejudice, confusion, misleading jury, delay, waste, cumulativeness (Rule 403) (5.6%)
Are subsequent remedial measures admissible to prove negligence/defect?
No (5.6%)
When are subsequent remedial measures admissible?
To show ownership, control, feasibility, or impeachment (5.6%)
Are settlement offers/negotiations admissible to prove liability?
No (5.6%)
What is the offer to pay medical expenses rule?
Inadmissible to prove liability (3.3%)
Are pleas/plea discussions admissible?
Withdrawn guilty pleas and plea discussions are inadmissible (3.3%)
General rule for character evidence?
Not admissible to prove conduct in conformity (13.9%)
When may a criminal defendant offer character evidence?
Defendant may open door with reputation/opinion evidence (13.9%)
How may prosecution rebut defendant’s character evidence?
Reputation/opinion or specific acts on cross (13.9%)
What is MIMIC evidence?
Motive, Intent, Mistake, Identity, Common plan (13.9%)
Rule for habit evidence?
Admissible to show conduct in conformity (6.6%)
Who is competent to testify?
Presumed competent unless rule provides otherwise (6.6%)
What is the scope of cross-examination?
Subject matter of direct + credibility (6.6%)
When may leading questions be used?
On cross; hostile or adverse witness (3.3%)
What methods may impeach a witness?
Prior inconsistent statements, bias, character for truthfulness, conviction, sensory defects (13.9%)
When are prior convictions admissible for impeachment?
Felonies (Rule 403) or crimes of dishonesty (automatic) (13.9%)
When is extrinsic evidence allowed for impeachment?
For anything except
collateral matters (13.9%)
What is hearsay?
Out-of-court statement offered for truth (27.8%)
What are non-hearsay statements?
Opposing party admissions; prior inconsistent statements under oath; prior consistent statements; identifications (27.8%)
What qualifies as former testimony?
Prior testimony + opportunity and similar motive to cross (13.9%)
What is a statement against interest?
So against declarant’s interest a reasonable person wouldn’t say it unless true (13.9%)
