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Multistate Evidence Essentials Flashcards
Multistate Bar Examination 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 |
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.