evidence

Question 1

Impeachment of a witness

Answer 1

1. a witness’s character for truthfulness can only be supported or attacked by opinion or reputation evidence after it has been attacked.
2. prohibits the use of specific instances of conduct to prove a person’s character for truthfulness, except during cross-examination in some cases.

Question 2

Witness bias

Answer 2

Because a witness may be influenced by his relationship to a party (e.g., employment), his interest in testifying (e.g., avoidance of prosecution), or his interest in the outcome of the case (e.g., receipt of an inheritance), a witness’s bias or interest is always relevant to the credibility of his testimony, and consequently, a witness may be impeached on that ground

Question 3

When is character evidence admissible in Virginia?

Answer 3

Character evidence is generally inadmissible to prove conduct, unless the accused first puts character in issue.

Question 4

How may a criminal defendant introduce character evidence?

Answer 4

By evidence of the defendant’s good reputation for a relevant character trait.

Question 5

How may the prosecution rebut character evidence?

Answer 5

By evidence of the defendant’s bad reputation for the same trait.

Question 6

Are prior bad acts admissible to show propensity?

Answer 6

No, but they may be admitted to prove motive, intent, absence of mistake, common scheme or plan or identity

Question 7

How may a witness be impeached in Virginia?

Answer 7

By bias, prior inconsistent statements, reputation for untruthfulness, prior convictions, or contradiction.

Question 8

When are prior inconsistent statements admissible?

Answer 8

To impeach credibility; not for the truth of the matter asserted unless an exception applies.

Question 9

What criminal convictions may be used for impeachment?

Answer 9

Felonies and misdemeanors involving moral turpitude.

Question 10

Hearsay

Answer 10

Hearsay is a statement, verbal or non-verbal, that is not made by the person testifying (the declarant) offered to
prove the truth of the matter asserted. Hearsay is generally not admissible unless it falls within a recognized exception
in Virginia.

Question 11

admissibility

Answer 11

The determination of admissibility of evidence is within the sound discretion of the court. When hearsay is offered,
the court must first authenticate or identify the declarant

Question 12

statement

Answer 12

A statement can be an oral or written assertion, or nonverbal conduct, if it is intended as an assertion

Question 13

authentication

Answer 13

Admissibility of the video, as a
witness to the event, would require authentication

Question 14

statements made during compromise negotiations

Answer 14

prohibits the admission in a civil case of evidence of “statements made during compromise negotiations,” particularly those
statements “promising, or offering . . . a valuable consideration in compromising or attempting to compromise the claim [at
issue,]” where such statements are offered to “prove or disprove the validity or amount of a disputed claim.”

Question 15

Pre-existing documents admissibilty

Answer 15

Otherwise admissible evidence that existed prior to the commencement of compromise negotiations,
including pre-existing documents or electronic communications, is not excludable under this Rule merely
because such evidence was disclosed, produced, or discussed by a party during such negotiations.

Question 16

electronic communications

Answer 16

specifically carves out of Rule 2:408(a)’s exclusion electronic communications –
which Item 2 is – and makes clear that preexisting communications are not excludable simply because
they were disclosed during negotiations.

Question 17

admission of copies

Answer 17

In order for the copy to be admissible,
the best evidence rule would require evidence that the original was not lost or not available. Furthermore, for exception (d)
to apply there must be evidence that the copy was made in the regular course of business, and that the person proffering it
was the custodian of the record or there was a certificate that the custodian had custody of the original

Question 18

judicial notice

Answer 18

states that a court may take judicial notice of a factual matter not subject to reasonable dispute in that it is either (1) common
knowledge or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be
questioned.

Question 19

Judicial notice of laws of other states

Answer 19

allows judges to take judicial notice
of the laws of other states whether specially pleaded or not and that in doing so the court may consult the appropriate
document or publication

Question 20

When is expert testimony admissible in Virginia?

Answer 20

When the subject matter is beyond the common knowledge of the jury and will assist the trier of fact.

Question 21

What must be shown to qualify an expert?

Answer 21

Knowledge, skill, experience, training, or education.

Question 22

What is a present sense impression?

Answer 22

A statement describing or explaining an event made while the declarant was perceiving the event or immediately thereafter.

Question 23

What is an excited utterance?

Answer 23

A statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.

Question 24

What is required for the business records exception?

Answer 24

The record was made in the regular course of business, at or near the time of the event, by a person with knowledge.

Question 25

When are statements for medical diagnosis admissible?

Answer 25

When made for purposes of diagnosis or treatment and describing medical history or cause.

Question 26

When is a declarant unavailable?

Answer 26

When the declarant cannot testify due to death, illness, privilege, absence, or refusal.

Question 27

When is former testimony admissible?

Answer 27

Declarant unavailable and the opposing party had an opportunity and similar motive to cross-examine.

Question 28

What is a declaration against interest?

Answer 28

A statement so contrary to the declarant’s interest that a reasonable person would not have made it unless true.

Question 29

When is a dying declaration admissible?

Answer 29

In homicide cases when the declarant believed death was imminent and the statement concerns the cause or circumstances of death.

Question 30

Are statements of a party opponent hearsay?

Answer 30

NO

Question 31

When is a confession admissible?

Answer 31

When it is voluntary under the totality of the circumstances.

Question 32

What is protected by attorney–client privilege?

Answer 32

Confidential communications between attorney and client made for the purpose of legal advice.

Question 33

What is the best evidence rule?

Answer 33

To prove the contents of a writing, the original is required unless an exception applies.

Question 34

ways to authenticate a video

Answer 34

First, it can be authenticated by a witness with first-hand knowledge of what is depicted in the video recording, because they saw it in-person as it was being recorded. The witness can authenticate the video by testifying that the video is a fair and accurate depiction of what was occurring. Second, videos can be authenticated as a “silent witness” to an event. To authenticate a video under this rule, the witness must be able to testify as to the accuracy and reliability of the recording process, including verifying that the recording equipment was working properly when the video was made, and that the video has not been altered or rendered inaccurate. Using this authentication method, the witness need not have actually seen the events depicted in the video.

Question 35

when hearsay is offered

Answer 35

When hearsay is offered, the court must first identify the declarant,

Question 36

statement of party opponent

Answer 36

an out of court statement by a criminal defendant is admissible as a party admission. To apply that exception, the court must find by a preponderance of the evidence, that the declarant was the defendant.