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Illinois Evidence

QuestionAnswer
objections 1) timing- as soon as attny reas knows grounds 2) must state precise legal ground, unless obvious
Preliminary Questions of fact hearsay may be considered except in IL (where no admissible evidence may be considered)
Judicial Notice Definition court accepts matters as true without formal proof
Judicially Notice facts must not be subject to reas. dispute, bc they are either generally known w/in court's jurisdiction or capable of determination by reas. accurate sources
A court must take judicial notice if requested and supplied with the necessary information
When judicial noticed facts are admitted, no contrary evidence is permitted on those facts
Jury Instructions as to Judicially Noticed Facts- Criminal Trial Jury may but is not required to accept as conclusive
Jury Instructions as to Judicially Noticed Facts- Civil Trial Jury must accept as conclusive
Burden of Proof in a Criminal Cases accused must be proven of each element and the absence of mitigating factors beyond a reasonable doubt
Effect of Presumptions (non conclusive) shift burden to opposing party to disprove. if disproven, the presumption disappears.
Effect of Conclusive Presumptions treated as substantive rule of law
Relevancy Definition evidence tending to make a fact's existence more or less probable than not
all relevant evidence is admissible except where probative value is outweighed by unfair prejudice, confusion, or waste of time.
Inconsistent Character Traits an accused may introduce evidence of his inconsistent character traits with the crime and the prosecution may rebut
Evidence of V's Character an accused may introduce evidence of V's character if relevant to V's defense. if evidence is testimony, prosecution may cross examine and introduce its own witnesses
Specific Acts are admissible if an essential element of charge, claim, or defense
MIMIC evidence pros. may introduce circumstantial evid of other crimes wrongs, or acts to prove MIMIK (motive, intent, mistake, identity, or knowledge)
MIMIK motive, intent, mistake, identity, or knowledge
Habit Evidence applies to routine of person/organization
definition of habit invariable pattern of behavior
Habit Evidence is admissible to show conduct in conformity
Subsequent Remedial measures are inadmissible to show negligence, culpable conduct, product defects, need for warning or instruction.
Subsequent Remedial Measures are admissible to show ownership, control, feasibility of precautions, or for impeachment.
Compromise Offers are inadmissible to prove validity or amount of claim
Compromise Offers are admissible to prove bias, prejudice,negating undue delay, effort to obstruct justice
Plea bargain negotiations are inadmissible
Evidence of V's sexual misconduct is inadmissible in a civl or crim. case to show V engaged in sexual behavior or had a sexual predisposition
3 exceptions to evidence of V's sexual misconduct- criminal cases 1) specific instances to show person other than D was source of pays. evidence, 2) specific instances w/ D to prove V's consent (IL this is the only exception allowed, 3) if exclusion would violate D's const. rights
In criminal/civil cases of V's sexual abuse, etc. , if V uses consent as a defense evidence of V's mental incapacity is admissible to prove no consent
Attny Client Privilege Definition client has priv. to prevent disclosure of confid. communications made for the purposes of rendering legal services to client. client must have reas. belief that person was attny
Attny- Client Priv doesnt apply to (2 exceptions) 1) furtherance of crime or fraud (except in IL will apply if C didnt know and consulted attny in good faith) or 2) doesnt apply to preexisting documents solely on basis that they were given to attny
Phys/Psychotherapist- Pt Priv. Pt has priv. to prevent disclosure of confid. communications made for the purposes of diagnosis or treatment. applies to phys. and mental conditions.
Phys/Psycho.- Pt Priv. - presence of 3d parties does not destroy confidentiality IF 1) they're participants, or 2) there to further Pt's interests
Phys/Psycho-Pt Priv does apply to (2 exceptions) 1) examinations made during/in preparation of litigation (except phys's observations) and 2) if P placed his mental/phys condition at issue
Spousal Privilege- Testimony Privilege either spouse in criminal cases can prohibit the testimony of the other
Spousal Communications Privilege protects confidential communications made during a legally valid marriage (in civ & crim cases).
Spousal Privilege Exceptions (applies to both testimony & communication) admissible if in furtherance of crime/fraud or destructive of family unit
Self Incriminating Statements only applies to testimonial evidence, not physical evidence
An accused does not waive his right against Self-Incrimination if he testifies at a preliminary hearing
Automobile Crash Report Privilege results of tests administered pursuant to an accident are not confidential and are admissible
A lay witness may only testify about matters to which he has personal knowledge
A lay witness's opinion testimony must be rationally based on witness's perception, or helpful to understand the testimony or determine a fact at issue. can't be based on specialized testimony of the type given by experts
Experts qualified by skill or training may testify in the form of opinion or otherwise if 1) based on sufficient facts or data, 2) product of reliable principles and methods, & 3) applied reliably to facts of the case
Experts may base opinions on information made known at or before a hearing
Experts can rely on inadmissible evidence if it's of the type typically relied on by experts in his field.
experts may be cross examined as to qualifications, basis of opinion, and compensation
A juror may testify as to_______ but not to_______ whether extraneous prejudicial info was brought to jury's attention but may not testify as to manner in which jury reached its decision
Every witness is competent unless incompetent under state law or can't understand that he must tell the truth, or is a judge or juror
Opinion on Ultimate Issue experts and lay witnesses can testify as to the ultimate issue. Exception- expert testifying in crime trial as to whether D possessed mental state that is element/defense to crime.
The credibility of a witness may be attacked by any party including the party calling the witness
If a witness's credibility for truthfulness is attacked, evidence of his truthfulness may be introduced via opinion or reputation evidence
specific instances of non-criminal conduct concerning a witness's truthfulness: may be inquired to on cross-examination, but no extrinsic evidence may be introduced
Evidence of past crimes may be used to undermine a witness's credibility
A court MUST admit any convictions: involving dishonesty or false statement occurring within 10 yrs as long as they satisfy the 403 balancing test.
A court MAY admit any convictions: involving dishonesty or false statements older than 10 yrs if it satisfies 403
A court MAY admit recent conviction of a witness: for nonfraud punishable by at least 1 yr prisonment unless it doesnt satisfy 403.
Cross examination of witnesses is limited to the subject matter of direct and questions pertaining to the witness's credibility.
Leading questions should only be used on_____ examination cross-examination. may only be used on direct to jog a witness's memory
Refreshing Recollection if witness has some knowledge but memory is incomplete, he can have memory refreshed and then testify. hearsay and admissibility of writings are inapplicable.
Prior Inconsistent Statements are only admissible to impeach unless 1) given under oath or 2) an exception to the hearsay rule
Prior Inconsistent statements need not________ to the witness be disclosed
Extrinsic Evidence of Prior Inconsistent Statements is inadmissible unless witness had opportunity to explain or deny and opposing party has an opportunity to cross examine.
Exclusion of Witnesses either party can request witnesses to be excluded from hearing other witnesses' testimony
Hearsay an out of court statement introduced to prove the truth of the matter asserted.
Define what constitutes a statement for hearsay purposes oral, written statements. or nonverbal conduct if attended as an assertion
Exemptions from the Hearsay Rule statements by opposing party, prior inconsistent statements, PIS sworn statements, prior identifications, adoptive statements
Prior inconsistent sworn statements m/b under oath, subject to cross-examination.
Unsworn PIS are not hearsay when offered to impeach
prior consistent statements are admissible to rebut charge of recent fabrication, improper influence or motive. also admissible to rebut bias if statement occurred prior to reason for bias occurred.
Prior Out of Court Identifications are only admissible if eyewitness is testifying at trial.
Statements by an opposing party- IL evidence of silence is admissible if the silence is in response to a statement of fact
Adoptive statements when a party remains silent when a statements is made, which eh would deny if it were false.
Vicarious statements made by employee during employment concerning matter within scope of employment. is admissible against employer. (includes statements made by co-conspirators during course of conspiracy)
evidence that is for non-truth purposes words of legal significance, verbal acts showing notice-knowledge-motive-good faith; statements to prove relevant attitude, belief, intent of either declarant or listener, statements offered to challenge credibility or show perjury
Excited Utterance statement that is made under the stress of excitement. doesnt have to be spontaneous
Present Sense Impression a spontaneous statement made while declarant perceived event or immediately thereafter
Statements of declarant's then existing _____________ are admissible to prove that condition state of mind, emotion, sensation, or physical condition
Statements for medical treatment are admissible if reasonably pertinent to medical diagnosis or treatment
Past Recollection Recorded an accurate record made or adopted by witness while matter was fresh in memory is admissible if witness once had knowledge but now has insufficient recollection.
Business Records records kept in the routine course of business are admissible. someone with personal knowledge must have created the record in the usual course of business.
business records are not applicable to records made in preparation of litigation
business records can be used to prove the non-existence of a matter by showing absence of info in records. exception- lack of trustworthiness
Public Records admissible if set forth pursuant to a legal duty. can be used to prove the nonoccurrence of a matter, too
Learned Treatises passages are admissible if established as reliable by an expert witness's testimony. may only be used if expert relied on it or it was called to his attention on cross-examination
Family records and ancient documents are admissible
Declarant unavailable exceptions former testimony, statement under belief of imminent death, statement against interest
Former Testimony of witness, including given in a deposition, if there was an opportunity and similar motive to develop testimony by direct or cross examination
Statement under belief of imminent death admissible in a homicide or civil proceeding if D made statement while believing death was imminent and concerning the cause or circumstances of his death.
Statement against interest if statement was so far against declarant's interests that a reas. person would not have made the statement unless he believed it to be true.
exception to statement against interest a statement tending to expose the declarant to criminal liability and to exculpate the accused is not admissible unless it's clearly trustworthy
residual exception any statement not otherwise covered by a hearsay exception may be introduced if it has circumstantial guarantees of trustworthiness, is evidence of a material fact, is more probative than other evidence, interests of justice will be served AND notice
Confrontation Clause prevents testimonial evidence in criminal cases where declarant is unvailable unless D had prior opport to cross examine the declarant
Authentication & Identification authentication is met where foundation evid. such as direct identification, testimony, or circumstantial evidence is sufficient to support a finding that the evid. is authentic
Best Evidence Rule requires original writings, recordings, or photographs where the contents of the writing are ata issue.
BER- a duplicate is admissible to the same extent as the original unless a genuine question of fact is raised as to the original's authenticity or it would be unfair to admit the duplicate.
Exceptions to the BER if all originals lost/destroyed, unless lost or destroyed in bad faith; no original can be obtained, party put on notice that original would be required and does not produce it, or not closely related to a controlling issue.
Summaries may be used to prevnet voluminous writings, the original shall be avail to all parties.
Created by: srslaw87