Save
Busy. Please wait.
Log in with Clever
or

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever
or

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't know
Remaining cards (0)
Know
0:00
share
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

MBE Evidence II

Evidence - Relevancy

TermDefinition
Character Evidence in Criminal Cases - Character of Defendant Defendant may open the door with reputation or opinion evidence (not specific acts) of his good character to prove his innocence and the prosecution may so rebut.
Character Evidence in Criminal Cases - Character of the Victim Where evidence is a pertinent trait of character of the alleged victim is offered by the accused, the prosecution may rebut the same way
Character Evidence in Civil Cases -Defamation -Negligent Hiring -Negligent Entrustment -Child Custody
Character Approach -Criminal 1)Door open? 2)Trait? 3)Reputation/opinion -Civil 1)Character in issue? 2)Big 4? 3)R, O, SA
4 Ways to Impeach 1)Bias/prejudice 2)Prior inconsistent Statement 3)Sensory Defects 4)Character to Impeach
Bias/Prejudice (always relevant) -Bias of a witness is always considered relevant -A witness can be impeached by showing that he has a reason for lying about or misrepresenting facts, becuase he is: --Biased in favor --prejudiced against a party, or --has an interest in the outcome
Prior Inconsistent Statement Admissible substantively in 3 cases: 1)If "sworn" under FRE 801(d)(1) 2)As an admission under FRE 801(d)(2) or, 3)If a Hearsay Exception Applies
Sensory Defects Any sensory or mental defect that might affect a witness's capacity to observe, recall, or relate the events about which the witness has testified is admissible to impeach.
Prior Bad Act Impeachment -Reputation or opinion testimony about the witeness involving truthfulness -Questions regarding specific instances of conduct allowed on cross-examination
Convictions -Felony conviction -Convictions involving dishonesty or false statement
FRE 404(b): "Mimic Rule" -Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes.
Created by: Gkell001
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards