Legal Evidence and Character Quiz

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Questions and Answers

In the context of expert testimony, what is the significance of the phrase 'sufficiently reliable that it is helpful to the trier of fact'?

  • It highlights that expert opinions must be based on generally accepted theories and practices within their field.
  • It means that the expert's opinion must be supported by a formal scientific study or research paper.
  • It signifies that the expert's opinion should be clear and understandable to the judge or jury even if it is complex.
  • It emphasizes that expert opinions must be based on strong, verifiable evidence and not just on speculation. (correct)

In the context of expert witness qualifications, what is the implication of the statement 'qualifications need not be formal or academic'?

  • That the expert needs to have a significant amount of professional experience in the field.
  • That the expert must have a formal education in the field of expertise, but work experience is not essential.
  • That the expert must hold professional certifications recognized by relevant governing bodies.
  • That the expert must possess relevant practical experience and skills, even if they lack formal education. (correct)

Which of these statements MOST accurately describes the concept of 'reasonable certainty or probability' in expert testimony?

  • The expert must be able to demonstrate that their opinion is consistent with the prevailing scientific consensus.
  • The expert must be able to provide a precise numerical estimate of the likelihood of a scenario or outcome.
  • The expert must be able to express their opinion without any reservations or doubts about its correctness.
  • The expert must be able to confidently state their opinion based on a high level of certainty and knowledge. (correct)

Which of these scenarios WOULD NOT be considered an acceptable source of factual basis for an expert opinion?

<p>Facts based on hypothetical scenarios created by the attorney to test the expert's knowledge. (C)</p> Signup and view all the answers

Identify the PRIMARY distinction between using a learned treatise to rebut an opposing expert's testimony and using it for its truth?

<p>Rebutting an expert's testimony focuses on discrediting their opinion, while using it for its truth seeks to establish a certain fact. (C)</p> Signup and view all the answers

Which of these scenarios IS NOT a permissible way to utilize a learned treatise in a court case?

<p>A party submits a treatise to the jury for their independent review and consideration during deliberations. (A)</p> Signup and view all the answers

Which of the following is NOT an exception to the hearsay rule when using a learned treatise?

<p>An attorney reads a passage from the treatise to the jury to prove the truth of the matter asserted. (D)</p> Signup and view all the answers

What is the main purpose of the 'judicial notice' exception when using a learned treatise?

<p>To establish the reliability and acceptance of the treatise within the expert's field of practice. (A)</p> Signup and view all the answers

What is the KEY limitation associated with the use of learned treatises in court proceedings?

<p>They can only be introduced through the testimony of an expert witness, not through a direct reading by the attorney. (C)</p> Signup and view all the answers

Which of the following statements about the admissibility of lay opinions on the subject of agency or agreement is ACCURATE?

<p>Lay opinions regarding agency or agreement are generally NOT admissible in court proceedings. (A)</p> Signup and view all the answers

What is the primary limitation of cross-examination as outlined in the content?

<p>It is restricted to the scope of both direct examination and testing the witness's credibility. (D)</p> Signup and view all the answers

Which type of witness can be impeached by a party according to the content?

<p>A witness who is adverse to the party or has been identified with an adverse party. (A)</p> Signup and view all the answers

What is true about the collateral matters doctrine in cross-examination?

<p>No extrinsic evidence is allowed to contradict a witness on collateral matters. (C)</p> Signup and view all the answers

What is required for prior statements of identification made by a witness to be admissible?

<p>The witness must be present in court and available for cross-examination. (C)</p> Signup and view all the answers

What is a critical condition for a prior inconsistent statement to be admissible for its truth?

<p>It must have been made under oath in a formal setting. (C)</p> Signup and view all the answers

In a civil case, when is character evidence admissible?

<p>When character is directly at issue in the case, such as in defamation or negligent entrustment. (D)</p> Signup and view all the answers

Which of the following is NOT a limitation on the admissibility of settlement discussions?

<p>An admission made in the course of settlement discussions must be accompanied by an offer to pay hospital or medical expenses. (D)</p> Signup and view all the answers

In a criminal case, when can the prosecution introduce evidence of a defendant's bad character?

<p>When the defendant offers evidence of their good character. (D)</p> Signup and view all the answers

Which of the following is NOT a method of proving character?

<p>Psychometric assessments. (D)</p> Signup and view all the answers

A defendant in a criminal case is accused of assault. The defendant's attorney seeks to introduce evidence that the defendant is a peaceful and non-violent person. What is this evidence called?

<p>Character evidence. (A)</p> Signup and view all the answers

A plaintiff in a civil case sues a defendant for defamation. The plaintiff seeks to introduce evidence that the defendant has a history of making false and defamatory statements. Would this evidence be admissible?

<p>Yes, this evidence is admissible because it is relevant to the plaintiff's claim. (A)</p> Signup and view all the answers

In a civil case, a defendant admits liability during settlement discussions but does not offer to pay any money. Is this admission admissible in court?

<p>Yes, because the admission was made during settlement discussions and is relevant to the case. (A)</p> Signup and view all the answers

Which of the following is NOT a factor considered when determining the admissibility of secondary evidence of a writing?

<p>Whether the writing was properly authenticated (D)</p> Signup and view all the answers

According to the Parol Evidence Rule, when is prior contemporaneous negotiation or agreement admissible?

<p>To explain an ambiguous term in the written agreement (B)</p> Signup and view all the answers

Which of the following scenarios is an example of when the Parol Evidence Rule would NOT apply?

<p>A party claims the written agreement was subject to a later verbal modification (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for a witness to be considered competent under the Federal Rules of Evidence?

<p>The witness must be able to recall the events they are testifying about with perfect accuracy (B)</p> Signup and view all the answers

Which of the following is generally NOT permitted on direct examination?

<p>Leading questions (C)</p> Signup and view all the answers

Which of the following groups of people are NOT generally considered competent witnesses?

<p>Judges presiding over the case (A)</p> Signup and view all the answers

The Dead Man Act is a state law that:

<p>Prohibits a witness from testifying about personal communication with a deceased person (C)</p> Signup and view all the answers

Which of the following questions would be considered improper due to its form?

<p>Did you see the car run the red light and then hit the pedestrian? (A)</p> Signup and view all the answers

Which of the following is NOT a reason why leading questions are sometimes permitted?

<p>To clarify an ambiguous or confusing answer (D)</p> Signup and view all the answers

Which of the following is NOT considered improper questioning?

<p>Questions that seek clarification of a previous answer (A)</p> Signup and view all the answers

Which of the following is NOT a proper authentication method for documentary evidence?

<p>Evidence that the document is at least 15 years old, regular on its face, and was found in a place where such writings are kept (C)</p> Signup and view all the answers

When can a map, chart, or model be admitted into evidence?

<p>When the proponent of the evidence can demonstrate that the map, chart, or model accurately depicts the scene in question. (A)</p> Signup and view all the answers

Under what circumstances can photographs be admissible as evidence?

<p>Photos are admissible as evidence if they are authenticated by showing the camera was operating correctly and the photo was developed from film obtained from that camera, even if no one can authenticate the scene. (A)</p> Signup and view all the answers

What is a crucial factor in determining the admissibility of photos, diagrams, maps, etc. as evidence?

<p>Whether the evidence is relevant to the issues being debated in the case. (A)</p> Signup and view all the answers

What is a common misconception about the admissibility of real evidence?

<p>Real evidence is always admissible as long as it is relevant to the case. (A)</p> Signup and view all the answers

In the context of documentary evidence, what are the three key questions to consider before admitting it?

<p>Is it authenticated? Is it hearsay? Is it the best evidence? (D)</p> Signup and view all the answers

What is a possible reason for excluding real evidence from a trial?

<p>The evidence has been tampered with and is no longer reliable. (A)</p> Signup and view all the answers

Why is the 'ancient documents rule' considered a valid method for authenticating documents?

<p>It is a way to avoid having to locate witnesses who were present when the document was created. (B)</p> Signup and view all the answers

What is the purpose of requiring authentication for documentary evidence?

<p>To establish that the document is what it purports to be and is not a forgery or fabrication. (A)</p> Signup and view all the answers

Flashcards

Offers to Compromise

Proposals made during settlement discussions to resolve a dispute without going to trial.

Character Evidence in Court

Evidence used to prove a person's character traits in legal proceedings, admissible under specific conditions.

Admissibility Limits

Certain limitations on what evidence can be admitted in court concerning offers and character.

Claim Requirements for Evidence

For evidence concerning a claim to be admissible, the claim must be indicated, disputed, and not simply a payment offer.

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Character Evidence in Civil Cases

Generally not admissible to prove conduct, but allowed if character is directly at issue, like in defamation claims.

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Prosecution's Use of Character Evidence

Bad character evidence is generally inadmissible unless the accused presents evidence of good character first.

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Methods to Prove Character

Character can be proven through specific acts, opinion testimony, or reputation in the community.

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Real Proof

Tangible evidence like photos and diagrams used in court.

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Admissibility of Evidence

Evidence allowed in court based on relevance and legality.

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Documentary Evidence

Written material relevant to the case, must be authenticated.

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Authentication

Proof that a document is what it claims to be, necessary for admission.

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Hearsay

An out-of-court statement offered for truth, usually inadmissible.

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Best Evidence Rule

Only the original document is admissible to prove its contents.

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Eyewitness Testimony

Firsthand accounts by someone who directly observed the event.

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Ancient Documents Rule

Documents over 20 years old may be admissible if found in proper places.

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X-ray Evidence

Medical images requiring proof of process accuracy for admissibility.

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Cross-Examination

A party's right to question a witness who testifies live.

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Scope of Cross-Examination

Limits the examination to the direct testimony and witness credibility.

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Collateral Matters Doctrine

Limits contradiction of a witness to essential points; no extrinsic evidence allowed.

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Impeachment of Witness

The process of challenging the credibility of a witness.

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Extrinsic Evidence in Impeachment

Using additional witnesses to discredit/test testimony of an original witness.

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Parol Evidence Rule

The principle that prohibits prior agreements from altering a written contract.

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Admissibility exceptions

Situations when prior agreements can be used: to complete, explain, reform, or show modification.

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Competency of Witnesses

A witness must have reliable personal knowledge and declare truthfulness.

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Children Testifying

Children may testify based on their capacity determined by a judge.

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Insane Person Testifying

An insane person can testify if they understand the obligation to speak truthfully.

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Dead Man Act

Bars interested parties from testifying about communications with deceased if against the deceased’s successor.

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Leading Questions in Court

Generally improper on direct examination but allowed on cross-examination.

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Improper Question Types

Includes misleading, compound, argumentative, or embarrassing questions.

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Witness Testimony Truthfulness

Witnesses must declare they will testify truthfully to be competent.

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Examination of Witnesses

Controlled by the judge, ensuring the integrity of questioning.

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Lay Opinions

Non-expert opinions not admissible about agency or agreements.

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Expert Testimony Requirements

Four basic criteria for expert opinion to be admissible in court.

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Methodology Reliability

The underlying methods of an expert's opinion must be reliable.

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Witness Qualification

An expert must demonstrate sufficient skill or experience, not just formal education.

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Certainty or Probability

Expert opinions must show reasonable certainty, not mere speculation.

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Factual Basis for Opinion

An expert's opinion must be supported by facts either known or reliable in their field.

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Learned Treatises

Textbooks that can rebut or impeach an opponent's expert if properly referenced.

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Hearsay Exception

Learned treatises can be used for truth if relied upon by an expert.

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Judicial Notice Limitations

Judicial notice must generally be taken for treatises to be admitted; they can't just be read.

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Cross-Examination on Treatises

Using treatises to elicit admissions during the opposing expert's cross-examination.

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Study Notes

Relevance

  • Evidence is relevant if it tends to make a material fact more or less probable than it would be without the evidence

  • Similar acts may be relevant in cases involving cause and effect, common plans or schemes, instrumentality, intent, impossibility, value, habit, or business routine.

  • Evidence must show substantial identity of material circumstances.

  • Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, wasting time, or cumulative evidence.

  • Evidence of liability insurance is inadmissible to show negligence, but admissible to show ownership/control or to impeach credibility.

Character Evidence

  • Character evidence is inadmissible to prove conduct, but it can be if character is directly in issue (e.g., defamation, negligent entrustment).
  • Character can be proven by reputation, opinion, or specific acts.
  • Determine the specific trait of character at issue in the case.
  • Character evidence may be offered to impeach credibility of a witness.
  • Methods of proving character include specific acts, opinion testimony, or the person's general community reputation.

Judicial Notice

  • Courts can take judicial notice of indisputable facts, those known by the community or readily verifiable.
  • In civil cases, judicially noticed facts are conclusive.
  • In criminal cases, jurors may but aren't required to accept judicially noticed facts as conclusive.

Real Evidence

  • Includes physical objects (direct or circumstantial) to show a fact (original & copies, or demonstrative).
  • Authentication is required: witness testimony or unbroken chain of possession.
  • Balancing inconvenience of producing in court v probative value needed.

Documentary Evidence

  • Authenticated writings are admitted as evidence.
  • Authentication methods include admission by opposing party, eyewitness testimony, handwriting evidence, etc.
  • Ancient documents, self-authenticating documents (as official publications or certified copies), and documents created contemporaneously are exceptions to authentication requirements.
  • Secondary evidence of a writing is admissible if the original is unavailable.
  • Best Evidence Rule requires original writing/documents for its content.

Testimonial Evidence

  • Witnesses are competent to testify if they have personal knowledge, understand the duty to tell the truth, and can communicate their testimony. Special groups (children, insane persons) may have competency determined by the judge.

  • Leading questions are generally not allowed on direct examination but can be used in limited circumstances (i.e., introductory matter, hostile witnesses, refreshed memory).

  • Cross-examination occurs to question witnesses about their testimony and test their credibility. The scope usually is limited to matters covered in direct testimony.

  • If witness refuses to answer, or doesn't respond to question properly, the opposing attorney can object to the testimony.

  • Prior statements are admissible to test credibility.

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