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Questions and Answers
Which of the following statements about plea discussions is NOT admissible against a defendant?
Which of the following statements about plea discussions is NOT admissible against a defendant?
In what situation can a statement made during plea discussions be admitted as evidence?
In what situation can a statement made during plea discussions be admitted as evidence?
What is the general rule regarding personal knowledge for a witness to testify?
What is the general rule regarding personal knowledge for a witness to testify?
Which of the following is NOT true about liability insurance evidence in a civil case?
Which of the following is NOT true about liability insurance evidence in a civil case?
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Under Rule 608, how can a witness’s character for truthfulness be supported?
Under Rule 608, how can a witness’s character for truthfulness be supported?
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What is the standard regarding who may impeach a witness's credibility?
What is the standard regarding who may impeach a witness's credibility?
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Which of the following statements about privileges in general is true?
Which of the following statements about privileges in general is true?
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What type of plea is a nolo contendere plea considered?
What type of plea is a nolo contendere plea considered?
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What is the general rule regarding the admissibility of evidence related to a person's character?
What is the general rule regarding the admissibility of evidence related to a person's character?
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Under which circumstances can a defendant introduce evidence of their own character trait in a criminal case?
Under which circumstances can a defendant introduce evidence of their own character trait in a criminal case?
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What type of character evidence may the prosecutor introduce in a homicide case?
What type of character evidence may the prosecutor introduce in a homicide case?
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What is a permitted use for evidence of a crime, wrong, or other act?
What is a permitted use for evidence of a crime, wrong, or other act?
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How may a person's character be proven when it is admissible?
How may a person's character be proven when it is admissible?
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What must be shown for specific instances of conduct to be admissible as proof of character?
What must be shown for specific instances of conduct to be admissible as proof of character?
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What limitation is placed on evidence regarding a witness's character?
What limitation is placed on evidence regarding a witness's character?
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What occurs if evidence of a defendant’s pertinent trait is admitted in a criminal case?
What occurs if evidence of a defendant’s pertinent trait is admitted in a criminal case?
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Which statement correctly outlines when evidence of a conviction is not admissible?
Which statement correctly outlines when evidence of a conviction is not admissible?
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Under what circumstances can evidence of a juvenile adjudication be admitted in a criminal case?
Under what circumstances can evidence of a juvenile adjudication be admitted in a criminal case?
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What is one reason leading questions should generally not be used during direct examination?
What is one reason leading questions should generally not be used during direct examination?
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What limitation does Rule 611 impose on cross-examination?
What limitation does Rule 611 impose on cross-examination?
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Why should the court exercise control over the mode of examining witnesses?
Why should the court exercise control over the mode of examining witnesses?
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Which of the following is NOT a condition for admitting evidence related to juvenile adjudications?
Which of the following is NOT a condition for admitting evidence related to juvenile adjudications?
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What is a requirement for a conviction to be deemed inadmissible due to rehabilitation?
What is a requirement for a conviction to be deemed inadmissible due to rehabilitation?
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Which of the following is true regarding the use of evidence related to a witness's religious beliefs?
Which of the following is true regarding the use of evidence related to a witness's religious beliefs?
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What is an Excited Utterance?
What is an Excited Utterance?
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What type of statement qualifies under Then-Existing Mental, Emotional, or Physical Condition?
What type of statement qualifies under Then-Existing Mental, Emotional, or Physical Condition?
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Which of the following is required for a Statement Made for Medical Diagnosis or Treatment to be admissible?
Which of the following is required for a Statement Made for Medical Diagnosis or Treatment to be admissible?
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What does Recorded Recollection require for a record to be admissible as evidence?
What does Recorded Recollection require for a record to be admissible as evidence?
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What is one of the conditions that records of a regularly conducted activity must satisfy?
What is one of the conditions that records of a regularly conducted activity must satisfy?
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What does the Absence of a Record of Regularly Conducted Activity imply?
What does the Absence of a Record of Regularly Conducted Activity imply?
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Which of the following does NOT fit the definition of a Statement Made for Medical Diagnosis or Treatment?
Which of the following does NOT fit the definition of a Statement Made for Medical Diagnosis or Treatment?
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For a record of a regularly conducted activity to be trustworthy, which of the following must be established?
For a record of a regularly conducted activity to be trustworthy, which of the following must be established?
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Which of the following situations qualifies a declarant as unavailable as a witness?
Which of the following situations qualifies a declarant as unavailable as a witness?
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What type of statement is categorized as a hearsay exception under Rule 804(b)(2)?
What type of statement is categorized as a hearsay exception under Rule 804(b)(2)?
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Which criterion does NOT qualify a declarant as unavailable under Rule 804(a)?
Which criterion does NOT qualify a declarant as unavailable under Rule 804(a)?
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Which of the following statements is true regarding former testimony under Rule 804(b)(1)?
Which of the following statements is true regarding former testimony under Rule 804(b)(1)?
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In which circumstance is it NOT permissible to use a statement as an exception to hearsay under Rule 804?
In which circumstance is it NOT permissible to use a statement as an exception to hearsay under Rule 804?
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What must be proven for a declarant to be considered unavailable due to illness?
What must be proven for a declarant to be considered unavailable due to illness?
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What does Rule 804(a)(5) specify about a declarant's absence?
What does Rule 804(a)(5) specify about a declarant's absence?
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Which category does not fall under the exceptions to the rule against hearsay when the declarant is unavailable?
Which category does not fall under the exceptions to the rule against hearsay when the declarant is unavailable?
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Study Notes
Character Evidence
- Evidence of a person’s character is inadmissible to prove they acted in accordance with that character
- In a criminal case, a defendant may offer evidence of their own pertinent trait, and the prosecution may offer rebuttal evidence
- In a criminal case, a defendant may offer evidence of an alleged victim’s pertinent trait, and the prosecution may offer rebuttal evidence, or evidence of the defendant's same trait
- In a homicide case, the prosecution may offer evidence of the victim’s peacefulness to rebut evidence that the victim was the initial aggressor
- Evidence of a witness's character can be admitted under other rules
- Evidence of a crime, wrong, or other act is inadmissible to prove character
- Such evidence is admissible for other purposes, such as motive, opportunity, intent, knowledge, absence of mistake, or lack of accident
- Character evidence can be proved by testimony about reputation or opinion
- Character evidence can be proved by relevant specific instances of conduct if it’s an essential element of a charge, claim, or defense
Plea Discussions
- A guilty plea that was later withdrawn, a nolo contendere plea, or a statement made during plea discussions with an attorney for the prosecution are inadmissible against the defendant
- Such statements may be admitted in fairness if another statement made during the same plea or plea discussions has been admitted
- Such statements may be admitted in a proceeding for perjury or false statement if the defendant made the statement under oath, on the record, and with counsel present
Liability Insurance
- Evidence of liability insurance is inadmissible to prove negligence or wrongdoing
- Insurance evidence may be admissible for other purposes, such as proving bias, prejudice, agency, ownership, or control
Privileges
- Only privileges granted by statute or case law of this jurisdiction are recognized
Competency of Witnesses
- Every person is competent to be a witness
- A witness cannot testify about a matter without personal knowledge
- Personal knowledge can be established by the witness’s own testimony or other evidence
Impeachment of Witnesses
- Any party, including the party that called the witness, can attack the witness's credibility
Witness Character for Truthfulness
- A witness’s credibility can be attacked or supported by testimony about their reputation for truthfulness or by opinion testimony
- A prior conviction is inadmissible if it has been pardoned, annulled, or the subject of a rehabilitation procedure based on a finding of innocence
- Evidence of a juvenile adjudication may be admissible in a criminal case if it relates to a witness other than the defendant, and an adult’s conviction for that offense would be admissible
- Evidence of a witness's religious beliefs is inadmissible
Examining Witnesses
- The court controls the mode and order of examining witnesses to ensure truth, avoid time waste, and protect witnesses
- The scope of cross-examination is not limited to the direct examination, but may inquire into all relevant facts and inferences, as well as omissions
- Leading questions should not be used on direct examination, except with hostile witnesses or witnesses identified with an adverse party
- On redirect examination, the scope is limited to the matters covered on cross-examination
Exceptions to the Rule Against Hearsay
- A statement made by a declarant unavailable because of a privilege, refusal to testify, lack of memory, death, mental illness, or absence for which procurement was impossible is not excluded
Unavailable Declarant Exceptions
- Former testimony is admissible if a party had the opportunity and similar motive to develop it
- Statements made under the belief of imminent death are admissible
- Statements against interest, which would expose the declarant to criminal liability or harm to their reputation, are admissible
- Statements made for medical diagnosis or treatment
- Statements made for purposes of medical diagnosis or treatment, as they are considered reliable
Records of Regularly Conducted Activity Business Records
- Records made at or near the time by someone with knowledge, kept in the course of a regularly conducted activity, and a regular practice of that activity, are admissible if the opponent does not show a lack of trustworthiness
- Records of absence of a regularly conducted activity are also admissible if the records were regularly kept for that matter
Miscellaneous
- The text includes a number of exceptions to the rule against hearsay; however, these exceptions are too broad and should be reviewed in detail to understand their application
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Description
Explore the principles of character evidence within the context of criminal law. This quiz covers the admissibility of character evidence, including when a defendant and prosecution can present various traits. Test your understanding of the legal standards and exceptions related to character evidence in criminal cases.
