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Free flashcards to ace your Bar exam - Evidence
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Evidence
47 flashcards
Examples of hearsay exceptions include present sense impression, excited utterance, then-existing mental or physical condition, and recorded recollection.
Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence.
The standard for relevance is whether the evidence has any tendency to make a consequential fact even slightly more probable or improbable.
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement.
The hearsay rule generally prohibits the use of out-of-court statements to prove the truth of the matter asserted unless an exception applies.
Privileges are rules that allow certain communications to be kept confidential and not disclosed as evidence in court proceedings.
The attorney-client privilege protects confidential communications between a client and their lawyer made for the purpose of obtaining legal advice.
The spousal communication privilege prevents one spouse from being compelled to testify about confidential communications with the other spouse during their marriage.
To be admissible, evidence must be authenticated or identified as what the proponent claims it to be.
The best evidence rule generally requires the original writing to be introduced as evidence when the contents of that writing are at issue.
Lay witnesses are generally prohibited from offering opinion testimony and can only testify about facts they personally observed.
An expert witness can provide opinion testimony if they are qualified by knowledge, skill, experience, training, or education.
Under Daubert, expert testimony must be based on reliable principles and methods that have been properly applied to the facts of the case.
Evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury.
Cumulative evidence is evidence that merely repeats or duplicates facts already established and may be excluded if its probative value is outweighed by the risk of undue delay or wasting time.
To authenticate digital evidence like emails or web pages, the proponent must produce evidence sufficient to support a finding that the item is what it is claimed to be.
Leading questions that suggest the desired answer are generally not permitted on direct examination of witnesses.
A witness may use a writing or object to refresh their recollection before testifying about the matter, if it was made or adopted while their memory was fresh.
Specific instances of a witness's conduct may be admissible to attack or support the witness's credibility for truthfulness.
Evidence of subsequent remedial measures by a defendant is generally not admissible to prove negligence or culpable conduct.
Evidence that a party was or was not insured against liability is generally not admissible upon the issue of liability.
Evidence of a plea negotiation is generally not admissible if offered against the defendant who was a participant in the negotiation.
Evidence of statements made during settlement negotiations is generally not admissible to prove liability or invalidity of the claim.
In civil cases, evidence of a person's character trait is generally not admissible to prove action in conformity with it on a particular occasion.
Evidence of a person's prior bad acts is generally not admissible to show the person acted in conformity with their character on a particular occasion.
Evidence of a person's habit or routine practice may be admissible to prove conduct on a particular occasion was in conformity with the habit.
Judicial notice is a rule allowing a court to recognize an indisputable fact without requiring formal evidence to prove it.
The residual exception allows admission of hearsay statements that have circumstantial guarantees of trustworthiness equivalent to hearsay exceptions.
The business records exception allows admission of records made at or near the time by someone with knowledge, if kept in the regular course of business.
Depositions may be admitted into evidence if the witness is unavailable or if the deposition is used for impeachment or other permitted purposes.
Interrogatories under oath may be read into evidence to the extent permitted by the rules of evidence.
Evidence of a criminal conviction may be admitted in a civil case to attack the credibility of a witness, subject to certain limitations.
A judgment can be used as evidence to prove a matter that was actually litigated and determined, as long as other admissibility requirements are met.
Parties may stipulate to the admission of certain facts or evidence, and the court will treat those stipulations as evidence.
Demonstrative evidence like charts, diagrams, or models is admissible if they accurately reflect the underlying evidence and would assist the jury.
Evidence that is admissible for one purpose but not for another purpose must be restricted by the court to its proper scope.
Evidence of offers to compromise a claim and statements made during compromise negotiations are generally not admissible to prove liability.
Evidence of remedial measures taken after an event is generally not admissible to prove negligence or culpable conduct.
Evidence that medical expenses were paid by a party is generally not admissible to prove liability for the injury.
In limited circumstances, lay witnesses may offer opinions that are rationally based on their perception and helpful to determining a fact in issue.
Evidence of a person's habit or regular practice may be admissible to prove conduct on a particular occasion was in conformity with that habit.
The 'opening the door' doctrine allows otherwise inadmissible evidence to be admitted to rebut information brought up by the opposing party.
The doctrine of chances allows evidence of a person's prior acts to be admitted as proof of action in conformity on a particular occasion.
If a party destroys or fails to preserve evidence, the court may instruct the jury that it may draw an adverse inference from the spoliation.
Ancient documents that are at least 20 years old may be admissible without authentication if they meet certain conditions of being genuine.
In general, a witness's biography may be admissible to show potential biases or deficiencies in the ability to perceive and relate events accurately.
Summaries of voluminous evidence may be admissible if the underlying documents are admissible and made available to the opposing party.