Illinois Evidence
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| objections | 1) timing- as soon as attny reas knows grounds
2) must state precise legal ground, unless obvious
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| Preliminary Questions of fact | hearsay may be considered except in IL (where no admissible evidence may be considered)
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| Judicial Notice Definition | court accepts matters as true without formal proof
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| 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
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| A court must take judicial notice if | requested and supplied with the necessary information
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| When judicial noticed facts are admitted, | no contrary evidence is permitted on those facts
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| Jury Instructions as to Judicially Noticed Facts- Criminal Trial | Jury may but is not required to accept as conclusive
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| Jury Instructions as to Judicially Noticed Facts- Civil Trial | Jury must accept as conclusive
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| Burden of Proof in a Criminal Cases | accused must be proven of each element and the absence of mitigating factors beyond a reasonable doubt
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| Effect of Presumptions (non conclusive) | shift burden to opposing party to disprove. if disproven, the presumption disappears.
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| Effect of Conclusive Presumptions | treated as substantive rule of law
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| Relevancy Definition | evidence tending to make a fact's existence more or less probable than not
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| all relevant evidence is admissible except | where probative value is outweighed by unfair prejudice, confusion, or waste of time.
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| Inconsistent Character Traits | an accused may introduce evidence of his inconsistent character traits with the crime and the prosecution may rebut
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| 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
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| Specific Acts are admissible if | an essential element of charge, claim, or defense
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| MIMIC evidence | pros. may introduce circumstantial evid of other crimes wrongs, or acts to prove MIMIK (motive, intent, mistake, identity, or knowledge)
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| MIMIK | motive, intent, mistake, identity, or knowledge
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| Habit Evidence applies to | routine of person/organization
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| definition of habit | invariable pattern of behavior
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| Habit Evidence is admissible to show | conduct in conformity
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| Subsequent Remedial measures are inadmissible to show | negligence, culpable conduct, product defects, need for warning or instruction.
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| Subsequent Remedial Measures are admissible to show | ownership, control, feasibility of precautions, or for impeachment.
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| Compromise Offers are inadmissible to prove | validity or amount of claim
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| Compromise Offers are admissible to prove | bias, prejudice,negating undue delay, effort to obstruct justice
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| Plea bargain negotiations are | inadmissible
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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.
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| 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
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| 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
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| Spousal Privilege- Testimony Privilege | either spouse in criminal cases can prohibit the testimony of the other
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| Spousal Communications Privilege | protects confidential communications made during a legally valid marriage (in civ & crim cases).
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| Spousal Privilege Exceptions (applies to both testimony & communication) | admissible if in furtherance of crime/fraud or destructive of family unit
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| Self Incriminating Statements only applies to | testimonial evidence, not physical evidence
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| An accused does not waive his right against Self-Incrimination if he | testifies at a preliminary hearing
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| Automobile Crash Report Privilege | results of tests administered pursuant to an accident are not confidential and are admissible
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| A lay witness may only testify about | matters to which he has personal knowledge
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| 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
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| 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
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| Experts may base opinions on information made known | at or before a hearing
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| Experts can rely on inadmissible evidence if it's | of the type typically relied on by experts in his field.
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| experts may be cross examined as to | qualifications, basis of opinion, and compensation
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| 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
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| 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
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| 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.
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| The credibility of a witness may be attacked by | any party including the party calling the witness
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| If a witness's credibility for truthfulness is attacked, | evidence of his truthfulness may be introduced via opinion or reputation evidence
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| 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
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| Evidence of past crimes may be used to | undermine a witness's credibility
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| A court MUST admit any convictions: | involving dishonesty or false statement occurring within 10 yrs as long as they satisfy the 403 balancing test.
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| A court MAY admit any convictions: | involving dishonesty or false statements older than 10 yrs if it satisfies 403
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| A court MAY admit recent conviction of a witness: | for nonfraud punishable by at least 1 yr prisonment unless it doesnt satisfy 403.
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| Cross examination of witnesses is limited to | the subject matter of direct and questions pertaining to the witness's credibility.
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| Leading questions should only be used on_____ examination | cross-examination. may only be used on direct to jog a witness's memory
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| 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.
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| Prior Inconsistent Statements are only admissible to impeach unless | 1) given under oath or 2) an exception to the hearsay rule
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| Prior Inconsistent statements need not________ to the witness | be disclosed
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| 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.
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| Exclusion of Witnesses | either party can request witnesses to be excluded from hearing other witnesses' testimony
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| Hearsay | an out of court statement introduced to prove the truth of the matter asserted.
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| Define what constitutes a statement for hearsay purposes | oral, written statements. or nonverbal conduct if attended as an assertion
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| Exemptions from the Hearsay Rule | statements by opposing party, prior inconsistent statements, PIS sworn statements, prior identifications, adoptive statements
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| Prior inconsistent sworn statements | m/b under oath, subject to cross-examination.
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| Unsworn PIS are not hearsay when | offered to impeach
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| 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.
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| Prior Out of Court Identifications | are only admissible if eyewitness is testifying at trial.
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| Statements by an opposing party- IL | evidence of silence is admissible if the silence is in response to a statement of fact
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| Adoptive statements | when a party remains silent when a statements is made, which eh would deny if it were false.
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| 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)
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| 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
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| Excited Utterance | statement that is made under the stress of excitement. doesnt have to be spontaneous
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| Present Sense Impression | a spontaneous statement made while declarant perceived event or immediately thereafter
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| Statements of declarant's then existing _____________ are admissible to prove that condition | state of mind, emotion, sensation, or physical condition
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| Statements for medical treatment are admissible if | reasonably pertinent to medical diagnosis or treatment
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| 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.
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| 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.
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| business records are not applicable to records made | in preparation of litigation
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| business records can be used to prove the non-existence of | a matter by showing absence of info in records. exception- lack of trustworthiness
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| Public Records | admissible if set forth pursuant to a legal duty. can be used to prove the nonoccurrence of a matter, too
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| 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
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| Family records and ancient documents are | admissible
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| Declarant unavailable exceptions | former testimony, statement under belief of imminent death, statement against interest
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| 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
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| 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.
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| 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.
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| 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
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| 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
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| Confrontation Clause | prevents testimonial evidence in criminal cases where declarant is unvailable unless D had prior opport to cross examine the declarant
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| 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
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| Best Evidence Rule | requires original writings, recordings, or photographs where the contents of the writing are ata issue.
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| 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.
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| 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.
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| Summaries | may be used to prevnet voluminous writings, the original shall be avail to all parties.
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