Evidence Flashcards

Question

Evidence - FRE EXCLUSIONS

Answer 1

ADMISSIONS - if true, proves aspect of opposing party's case 1) Party Opponent 2) Vicarious - w/in course and scope of employment, while employed 3) Co-conspirator - in course and furtherance 4) Adoptive - reas person would object if untrue 5) Authorized - agency issue PRIOR W STATEMENTS 1) Inconsistent 2) Consistent - need attack on credibility first and stmt must have been before basis for attack arose 3) Of identification - made immediately after perceiving

Answer 2

1) Present Sense Impression 2) Statement for Purpose of Medical Diagnosis or Treatment 3) Former Testimony 4) Dying Declaration 5) Statement Against Interest 6) State of Mind 7) Excited Utterance 8) Business Record 9) Official Record 10) Learned Treatise 11) Commercial List 12) Past Recollection Recorded

Answer 3

* *FRE ONLY** 1) Explaining or describing an event 2) While perceiving or immediately after

Answer 4

* *FRE ONLY** 1) Made for purpose of medical diagnosis or treatment 2) Describes pain, cause of pain, medical history, or past or present symptoms

Answer 5

1) Declarant unavailable 2) Gave testimony under oath at prior hearing or depo 3) Offered against _____ who had an opportunity and similar motive to cross-examine - - CRIM: same party - - CIVIL FRE: same party or predecessor in interest - -CIVIL CEC: anyone

Answer 6

1) Made while dying 2) With belief death is immediately impending 3) and concerning cause or circumstances of death FRE - ALSO: 4) declarant unavailable 5) civil action or homicide case only

Answer 7

1) Declarant unavailable 2) At time of making, statement was so contrary to pecuniary or proprietary interest or so tended to subject him to civil or criminal liability that a reasonable person would not make it unless he believed it to be true CEC: also includes social interest

Answer 8

1) Then-existing state of mind, including mental, physical, or emotional condition 2) Can be used to establish intent or plan of declarant

Answer 9

EU = FRE; SS = CEC 1) Relates to a startling event 2) Made spontaneously while under the stress of that event

Answer 10

1) Made in the regular practice of business 2) Made at or neat the time of the event 3) Custodian of records testifies to record's identity and mode of preparation 4) Sources of information and time and mode of preparation suggest trustworthiness

Answer 11

Made by a gov't employee with a legal duty to make such records

Answer 12

1) Publications on a subject of history, medicine (FRE only), or other science or art 2) FRE: established as reliable by testimony or admission of an expert or judicial notice CEC: can only be used to cross if: (1) expert referred, considered, or relied on, (2) admitted into ev, or (3) established as reliable by any expert

Answer 13

Lists and tabulations generally used and relied upon by the public CEC: or persons in a particular occupation

Answer 14

Where W has no memory and nothing refreshes, if he testifies that when he made the recording, it was fresh in his memory and accurate, the recording can be read into the record.

Answer 15

1) Admissions (vicarious - employer liability based on VL and EE makes own admission) 2) Prior W Statements 3) Contemporaneous Statements 4) Spontaneous Statements 5) State of Mind 6) Former Testimony 7) Dying Declarations 8) Statement Against Interest 9) Crime Victim Statements 10) Business Records 11) Official Records 12) Learned Treatises 13) Commercial Lists 14) Convictions 15) Past Recollection Recorded

Answer 16

**CEC ONLY** 1) Offered to explain, qualify, or make understandable the conduct of declarant AND 2) made while engaged in such conduct

Answer 17

* *CEC ONLY** 1) Declarant unavailable 2) Statement describes or explains a threat or infliction of injury, 3) was made at or near the time of the threat or injury, and 4) was written, recorded, or made to law enforcement or medical personnel under trustworthy circumstances

Answer 18

* NON-HS CONCEPT* - W doesn't remember - would looking refresh? - show opposing counsel - let W read to self - W testifies from memory (as refreshed)

Answer 19

Must be 1) rationally based on W's perception and 2) helpful to the jury's understanding of the testimony

Answer 20

1) Qualified in the subject matter - special knowledge, skill, experience, training, or education 2) Proper factual basis - - from own observation - - presented at trial or by hypo, or - - supplied out of ct and of a type reasonably relied upon by experts in the field

Answer 21

On request of party or sua sponte, ct can take JN of a fact not subject to reasonable dispute in that it is either: 1) generally known in the ct's territorial jx OR 2) capable of accurate and ready determination by resort to an unquestionably accurate source

Answer 22

In CALIFORNIA, relevant evidence shall not be excluded in any CRIMINAL proceeding BUT, does not apply to: 1) privileges 2) hearsay 3) §352 4) character evidence

Answer 23

When prosecution offers TESTIMONIAL statements against ∆ for HS purposes, the declarant must be produced for cross-examination under oath OR prosecutor must demonstrate his unavailability AND that ∆ had a prior opportunity to cross. Testimonial = solicited by law enforcement with an eye toward use at trial

Answer 24

- Protects communications between spouses during a valid marriage and intended to be confidential - Survives end of marriage - Held by BOTH spouses

Answer 25

1) Not to be called by a party adverse to current spouse 2) Not to testify against current spouse in any proceeding - Terminates at end of marriage - Potentially testifying spouse is only holder

Answer 26

1) Made in course of relationship 2) Intended to be confidential Waived by disclosure to 3rd person OTHER than one whose presence is reasonably necessary to: 1) accomplish the purpose of the consultation OR 2) further interest of client

Answer 27

A court has discretion to exclude otherwise admissible evidence if its probative value is substantially outweighed by the possibility of undue prejudice, delay, or jury confusion

Evidence Flashcards

(51 cards)