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Multistate Evidence Essentials Flashcards
| Front | Back |
| Are habit and routine practice considered character evidence? | No, habit and routine practice evidence is admissible to prove conduct in conformity with the habit, not character propensity |
| How can you rehabilitate a witness after impeachment? | By offering a prior consistent statement or evidence of truthful character or explanation for the inconsistency |
| How is authentication of evidence established? | By evidence sufficient to support a finding that the item is what the proponent claims it is |
| Name two non-hearsay uses of out-of-court statements. | Verbal acts (legally operative words) and effect on listener/circumstantial evidence of state of mind |
| Under Rule 407 what is the exception to subsequent remedial measures? | Admissible to prove ownership, control, or feasibility of precautionary measures if disputed |
| What are business records exceptions? | Records of regularly conducted activity, made at or near the time by a person with knowledge, kept in the course of a regularly conducted business |
| What does Rule 403 allow the court to do? | Exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusion, or waste of time |
| What is a dying declaration? | A hearsay exception for statements made by a declarant believing death was imminent concerning the cause or circumstances of the death |
| What is a present sense impression? | A hearsay exception for statements describing or explaining an event made while perceiving it or immediately thereafter |
| What is a prior consistent statement used for? | To rebut a charge of recent fabrication or improper motive and to rehabilitate a witness's credibility |
| What is a statement against interest? | A hearsay exception for a statement that was so against the declarant's interest when made that a reasonable person would not have made it unless believing it true |
| What is a statement of present mental or emotional state? | A hearsay exception for statements about declarant's then-existing state of mind, emotion, sensation, or physical condition |
| What is character evidence? | Evidence offered to prove that a person acted in conformity with a character trait on a particular occasion |
| What is hearsay? | An out-of-court statement offered to prove the truth of the matter asserted |
| What is impeachment by prior inconsistent statement? | Introducing evidence that a witness made a statement inconsistent with their testimony to challenge credibility |
| What is judicial notice? | A court's acceptance of certain adjudicative facts as indisputable without requiring formal evidence |
| What is residual hearsay exception? | Allows admission of statements not covered by other exceptions if they have equivalent guarantees of trustworthiness and serve interests of justice |
| What is spousal privilege? | A privilege that prevents a spouse from testifying against the other and a privilege preventing disclosure of confidential communications made during marriage |
| What is subsequent remedial measure? | Evidence of repairs or improvements made after an injury and generally inadmissible to prove negligence or culpable conduct |
| What is the best evidence rule? | A rule requiring the original writing, recording, or photograph to prove its content unless an exception applies |
| What is the confrontation clause requirement? | Criminal defendants have the right to confront witnesses, barring testimonial hearsay without prior cross-examination opportunity |
| What is the definition of relevant evidence under Rule 401? | Evidence that has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence to the action |
| What is the standard for expert testimony under Daubert? | The methodology must be scientifically valid, reliable, and relevant to assist the trier of fact |
| What qualifies as an excited utterance? | A statement relating to a startling event made under the stress of excitement caused by the event |
| When is a witness competent to testify? | When the witness has personal knowledge of the matter and can communicate an understanding of the oath |
Front
What qualifies as an excited utterance?
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Back
A statement relating to a startling event made under the stress of excitement caused by the event
Front
What is hearsay?
Back
An out-of-court statement offered to prove the truth of the matter asserted
Front
What is a dying declaration?
Back
A hearsay exception for statements made by a declarant believing death was imminent concerning the cause or circumstances of the death
Front
What is judicial notice?
Back
A court's acceptance of certain adjudicative facts as indisputable without requiring formal evidence
Front
What is residual hearsay exception?
Back
Allows admission of statements not covered by other exceptions if they have equivalent guarantees of trustworthiness and serve interests of justice
Front
What is the definition of relevant evidence under Rule 401?
Back
Evidence that has any tendency to make a fact more or less probable than it would be without the evidence and the fact is of consequence to the action
Front
What is spousal privilege?
Back
A privilege that prevents a spouse from testifying against the other and a privilege preventing disclosure of confidential communications made during marriage
Front
What is subsequent remedial measure?
Back
Evidence of repairs or improvements made after an injury and generally inadmissible to prove negligence or culpable conduct
Front
What is a statement against interest?
Back
A hearsay exception for a statement that was so against the declarant's interest when made that a reasonable person would not have made it unless believing it true
Front
What is impeachment by prior inconsistent statement?
Back
Introducing evidence that a witness made a statement inconsistent with their testimony to challenge credibility
Front
What is the confrontation clause requirement?
Back
Criminal defendants have the right to confront witnesses, barring testimonial hearsay without prior cross-examination opportunity
Front
What does Rule 403 allow the court to do?
Back
Exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusion, or waste of time
Front
Are habit and routine practice considered character evidence?
Back
No, habit and routine practice evidence is admissible to prove conduct in conformity with the habit, not character propensity
Front
Under Rule 407 what is the exception to subsequent remedial measures?
Back
Admissible to prove ownership, control, or feasibility of precautionary measures if disputed
Front
What is a prior consistent statement used for?
Back
To rebut a charge of recent fabrication or improper motive and to rehabilitate a witness's credibility
Front
What is the standard for expert testimony under Daubert?
Back
The methodology must be scientifically valid, reliable, and relevant to assist the trier of fact
Front
How is authentication of evidence established?
Back
By evidence sufficient to support a finding that the item is what the proponent claims it is
Front
What is a statement of present mental or emotional state?
Back
A hearsay exception for statements about declarant's then-existing state of mind, emotion, sensation, or physical condition
Front
What is the best evidence rule?
Back
A rule requiring the original writing, recording, or photograph to prove its content unless an exception applies
Front
What is character evidence?
Back
Evidence offered to prove that a person acted in conformity with a character trait on a particular occasion
Front
What is a present sense impression?
Back
A hearsay exception for statements describing or explaining an event made while perceiving it or immediately thereafter
Front
How can you rehabilitate a witness after impeachment?
Back
By offering a prior consistent statement or evidence of truthful character or explanation for the inconsistency
Front
When is a witness competent to testify?
Back
When the witness has personal knowledge of the matter and can communicate an understanding of the oath
Front
Name two non-hearsay uses of out-of-court statements.
Back
Verbal acts (legally operative words) and effect on listener/circumstantial evidence of state of mind
Front
What are business records exceptions?
Back
Records of regularly conducted activity, made at or near the time by a person with knowledge, kept in the course of a regularly conducted business
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This deck examines core concepts in evidence law, from relevance to hearsay, helping you understand fundamental evidentiary rules and application techniques through compact explanations aimed at improving recall.