Evidence Law Quiz

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Questions and Answers

Which type of evidence refers to statements made by a witness under oath?

Direct Evidence

Circumstantial Evidence

Testimonial Evidence (correct)

Tangible Evidence

What distinguishes direct evidence from circumstantial evidence?

Circumstantial evidence proves a conclusion without the need for inference.

Circumstantial evidence can only be provided through documents.

Direct evidence directly proves a conclusion without needing any inference. (correct)

Direct evidence requires interpretation while circumstantial does not.

Under FRE 401, evidence is deemed relevant if it meets which of the following criteria?

It is admissible in any case.

It is corroborated by a witness's statement.

It includes only testimonial evidence.

It makes a fact of consequence more or less probable. (correct)

Which FRE rule governs the general admissibility of evidence?

FRE 402 Signup and view all the answers

What is the purpose of FRE 403 in relation to evidence?

To exclude relevant evidence that may cause prejudice or confusion. Signup and view all the answers

What was the outcome of the Oregon Supreme Court's ruling regarding D's reaction in the adoptive admission case?

D's reaction was not considered clear enough for adoption. Signup and view all the answers

Under what condition were Poos' statements admitted against Wild Candid Survival?

The statements were made within the scope of his employment. Signup and view all the answers

What must a judge determine for a statement to be admitted as a co-conspirator statement?

The statement was made in furtherance of the conspiracy. Signup and view all the answers

What is the reasoning behind Rule 801(d)(2) regarding admissions?

If a party didn't believe the admission, they wouldn't have made it. Signup and view all the answers

Which statement about the Confrontation Clause is true?

It pertains to the right to be confronted with witnesses against you. Signup and view all the answers

What was the nature of Lonardo's statement when arrested with the defendant?

It was an admission made about cocaine distribution. Signup and view all the answers

In what context was Poos' statement regarding the wolf biting a child made?

In relation to his role as an employee of Wild Candid Survival. Signup and view all the answers

What key factor must be proved for the admissibility of statements by a co-conspirator?

The statement was made during and in furtherance of the conspiracy. Signup and view all the answers

What was the defense's main argument in the NY Railroad case regarding the plaintiff's injury?

The injury claimed was fabricated and stemmed from a prior incident Signup and view all the answers

Why was the memo introduced by the defense in the NY Railroad case deemed inadmissible by the court?

It was merely written in pencil and not an official document Signup and view all the answers

In US v. Vigneau, what role did the Western Union forms play in the case?

They served as evidence for the government's money laundering accusations Signup and view all the answers

What legal precedent did the ruling in US v. Vigneau reference concerning business records?

The business records exception cannot apply to hearsay evidence Signup and view all the answers

What was the primary concern about the sender's information on the Western Union forms in Vigneau's case?

The sender's identity was not confirmed as reliable Signup and view all the answers

What was a significant outcome of the NY Railroad case regarding evidence?

The evidence presented by the defense was entirely excluded Signup and view all the answers

What type of trial action was occurring in the NY Railroad case?

Civil action for damages Signup and view all the answers

Which statement made by Karla was deemed admissible in the trial?

I'm following the guy who bought the car. Signup and view all the answers

What did the witness in the NY Railroad case testify about their recollection of the conversation?

They agreed with the memo's contents but had no independent recollection Signup and view all the answers

What criteria must be satisfied for a statement to be considered an excited utterance?

The utterance must be made while the declarant is still under stress from the startling event. Signup and view all the answers

In the United States v. Boyce case, why was Portis's statement considered admissible despite being hearsay?

Portis was under the stress of excitement when making the statement. Signup and view all the answers

Which of the following is NOT a requirement for a present sense impression to be admissible?

The statement must relate to an event that occurred years prior. Signup and view all the answers

Why is the present sense impression exception considered reliable?

The short time frame reduces the chance for fabrication. Signup and view all the answers

Which of the following is an example of an excited utterance?

There is fire coming from the building right now! Signup and view all the answers

Which of the following statements demonstrates a lack of personal knowledge by the declarant?

My friend told me he was guilty. Signup and view all the answers

Which condition is necessary for a statement to qualify under the excited utterance exception?

The event causing the stress must be physically observable. Signup and view all the answers

What is the role of the judge regarding judicially noticed facts?

The judge may instruct the jury that it may accept judicially noticed facts as conclusive. Signup and view all the answers

What is one of the purposes of the court exercising control over the examination of witnesses?

To avoid complicating the case with irrelevant testimonies. Signup and view all the answers

What does impeachment of a witness involve?

Discrediting the witness’s testimony by presenting flaws. Signup and view all the answers

Which method of contradiction requires asking a question in good faith?

Contradiction using direct questioning. Signup and view all the answers

What is a characteristic of collateral evidence in contradiction?

It relates to the witness’ credibility rather than the case facts. Signup and view all the answers

In the context of witness impeachment, what is extrinsic evidence?

Documentary evidence presented in court. Signup and view all the answers

What was held in State v. Oswalt regarding officer testimony?

The officer's testimony was deemed irrelevant and a collateral issue. Signup and view all the answers

How should a contradiction be approached if it is collateral?

By only exploring the witness's answers without involving other evidence. Signup and view all the answers

What aspect of the Western Union form was ruled inadmissible in the case mentioned?

The personal information of Vigneau Signup and view all the answers

In Williams v. Alexander, what was the main issue concerning the evidence offered by the defendant?

Whether the statement was made in the regular course of business Signup and view all the answers

What did the court rule regarding the narration of the accident causing the injury in Williams v. Alexander?

It was not admissible under section 374 Signup and view all the answers

What was the nature of the evidence offered in Palmer v. Hoffman?

Statements made by the deceased engineer regarding the accident Signup and view all the answers

Why was the accident report ruled inadmissible in Palmer v. Hoffman?

It did not occur in the regular course of business Signup and view all the answers

What outcome resulted from the appeal in Williams v. Alexander?

The appellate division's judgment was reversed Signup and view all the answers

Under which section of the Civil Practice Act does the admissibility of writings or records fall?

Section 374 Signup and view all the answers

Which statement best describes the function of an accident report as noted in Palmer v. Hoffman?

It helps management make informed decisions. Signup and view all the answers

Study Notes

Evidence

Evidence can be tangible (real evidence, demonstrative evidence) or testimonial (statements under oath).
Testimonial evidence includes statements in court, depositions, and preliminary hearings.
Evidence can be direct (directly proves the conclusion) or circumstantial (supports the conclusion through circumstances).
Examples of circumstantial evidence include a confession, eyewitness testimony, or video evidence.
Another example of circumstantial evidence is running from police (suggesting consciousness of guilt).

Relevance

FRE Rules 401, 402, and 403 govern relevance.
FRE 401: Evidence is relevant if:
- It has any tendency to make a fact more or less probable than it would be without the evidence.
- The fact is of consequence in determining the action (e.g., material facts, witness credibility, elements of a crime/claim/defense, or damages in civil cases).
FRE 402: Relevant evidence is admissible unless otherwise prohibited by the US Constitution, federal statute, FRE rules, or Supreme Court rules.
Irrelevant evidence is inadmissible.
FRE 403: Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of one or more of the following:
- Unfair prejudice
- Confusing the issues
- Misleading the jury
- Undue delay
- Wasting time, or needlessly presenting cumulative evidence.

Exceptions to Admit Evidence Through Relevance

Propensity as well as CHAMPION and DISVOW (disvow only permitted in criminal cases).
Habit (routine behavior).
After (subsequent precautions).
Medical expenses (evidence of offers to pay not allowed to prove liability).
Guilty plea (typically not admitted, even if a similar issue).

Insurance

Evidence of insurance is inadmissible to show negligence or wrongful conduct, but may be admissible for showing agency, ownership, or control.
Offers to compromise, settle disputes regarding validity or amount are inadmissible.

Sex Offenses

Victim's other sexual conduct (exceptions in criminal and civil cases).

Limiting Instructions

If the court admits evidence against a party or for a purpose for one party, but not against another for another purpose, the court must restrict the evidence to scope and instruct the jury accordingly.

Motion in Limine

A party may make a motion in limine, requesting the court to rule on evidence admissibility before trial.

Authentication

A party must authenticate any tangible evidence they intend to present.
FRE Rule 901 provides standards for authenticating or identifying items of evidence, including illustrations as examples, not an exhaustive list.
Self-authenticated evidence is admissible without additional evidence (e.g., public documents).

Character Evidence

FRE Rule 404(a)(1): In a criminal case, evidence of a person's character or a trait of their character is inadmissible to prove that on a particular occasion the person acted in accordance with that character or trait (civil cases)
Exceptions to this in criminal cases are:
- Defendant can offer evidence of their own pertinent trait; if admitted the prosecutor may offer evidence to rebut it.
- Defendant can offer evidence of the victim's pertinent trait. The prosecutor may offer evidence to rebut it and/or offer evidence showing the defendant shares the identical traits.
Special rule on homicide cases- the prosecutor can offer evidence of the victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor, assuming the defense is alleging self defense.

Other Crimes, Wrongs, or Acts (FRE 404(b))

Prohibited uses: Evidence of a crime, wrong or other act that is not admissible to prove a person's character to show they acted in accordance with their character.
Permitted uses: Evidence of a crime, wrong or other act may be admissible for another purpose like showing knowledge, intent, plan, preparation, opportunity, motive, identity, absence of mistake, or lack of accident.

Similar Happenings

No specific rule.
Evidence that something has happened commonly or never happened can be introduced if there are substantial similarities.
Similar happenings must show a high likelihood of similar circumstances before introduction is permitted.

Subsequent Remedial Measures (FRE 407):

Steps taken after an accident to reduce the likelihood of re-occurrence are typically not admissible in court.
Public policy- prevents deterring people from taking safety precautions.
An exception exists if the defendant claims the remedial measure was infeasible; the plaintiff can offer evidence they were, instead, feasible

Offers to Pay Medical Expenses (FRE 409)

Offers to pay expenses resulting from an injury are inadmissible to prove liability for the injury.
This is policy based on fairness and prevention of coercion of settlement discussions.

Offers in Compromise (FRE 408):

Offers to settle and actual settlements in a legal dispute (amount or validity) are inadmissible.
Prevents discourages settlement negotiations.

Judicial Notice

Acknowledging certain facts without formal proof, these facts cannot be reasonably disputed.
Examples include dates, time of day and the fact that a specific organization exists.

Authentication (FRE 901)

Evidence sufficient to support finding that the item is what the proponent claims it is. Self Authentication. Illustrations not an exhaustive list.

Hearsay

A statement made out of court that is offered to prove the truth of the matter asserted.
Exceptions are those in which a statement that would normally be considered hearsay is admissible (e.g., dying declaration) or does not fit the definition of hearsay under a specific category like the "Statement by a Party."

Taking Notice

A court may judicially notice a fact that is not reasonably disputable.
The fact can be generally known within the relevant jurisdiction, or readily determined from common knowledge sources.

Examination of a Witness (FRE 611)

A court controls the mode and order of examining witnesses and presenting evidence to ensure procedures are effective
This includes protecting witnesses from embarrassment or harassment, avoiding wasting time, and ensuring effective proof determination.

Methods of Impeachment

Impeachment means discrediting a witness's testimony by exposing flaws in the person or testimony content.
A common method is contradiction.

Character for Dishonesty/Untruthfulness (FRE 608)

Reputation or Opinion: Use other witnesses to prove a certain character's honest reputation.
Specific Instances: Limited use of specific prior bad acts that relate to truthfulness for cross-examination; extrinsic evidence is not allowed unless it is a prior conviction

Criminal Convictions (FRE 609)

Evidence of a prior criminal conviction (punishable by death or more than one year in prison) is admissible to attack the witness's credibility.
A general rule of exclusion does exist when the crime does not involve dishonesty or criminal intent, and is more than 10 years old

Dying Declaration (FRE 804(b)(2):

A statement made by a declarant who believes death is imminent and concerning the cause or circumstances of their impending death. Admissible in homicide or civil cases

Excited Utterance (FRE 803(2):

A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event.

Present Sense Impression (FRE 803(1):

A statement describing or explaining an event or condition made while, or immediately after, the declarant perceived the event.

Then-Existing Mental, Emotional, or Physical Condition (FRE 803(3):

A statement concerning the declarant's then-existing state of mind (e.g., intent, plan, emotion, physical condition), but not including a statement of memory or belief.
This applies to the validity or terms of the statement.

Admissions-Statement by a party (801(d)(2))

A statement by a party opponent can be used against that party, whether made by an individual or representative in a capacity.

Other exceptions to Hearsay under Federal Rule 803\

Prior Statements of a Witness (FRE 801(d)(1))

A prior statement made under oath is NOT considered hearsay

Former Testimony (FRE 804(b)(1))

Former testimony from a witness unavailable in the current proceeding is often considered admissible

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Test your knowledge on the rules of evidence with this quiz. Explore questions related to witness statements, admissibility standards, and key rules from the Federal Rules of Evidence. Perfect for law students and legal professionals looking to refresh their understanding of evidence law.