Misc

Question 1

R104(a)

Answer 1

the court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. in so deciding, court is not bound by evidence rules (except for privilege)

Question 2

what is important to note about privileges?

Answer 2

someone having a privilege makes them unavailable

Question 3

R805

Answer 3

Hearsay within hearsay
- analysis for EACH level required

Question 4

R806

Answer 4

Attacking and Supporting the Declarant
- if hearsay declarant statement is admitted into evidence, their credibility can be attacked/supported by any evidence admissible if declarant was a witness.
- court can admit evidence of declarant’s inconsistent statement or conduct
- opposing party can call declarant was a witness and cross them on statement

Question 5

CRS 13-90-101

Answer 5

Who May Testify
- anyone may testify
- any witness’s credibility may be called into question
- but the conviction of any person for any felony may be shown for credibility purposes
- however felony convictions more than 5 years prior to testifying are inadmissible

Question 6

what are the 2 burdens a burdened party must discharge?

Answer 6

• burden of production
• burden of persuasion

Question 7

burden of production

Answer 7

-not yet proving the case, but producing enough evidence as to each element by which a reasonable cry COULD find
- only Ps side
- evidence must be sufficient to constitute a prima facie case (if not, motion for judgement as a matter of law / motion for judgement of acquittal)
- question of law for judge

Question 8

burden of persuasion

Answer 8

• looking to actually win the case
• also known as burden of proof
• question of fact