mrd3672
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| Rule 403 balancing factors | accuracy (danger of unfair prejudice, of misleading jury, or of confusion) and efficiency (delay, waste, cumulative)
🗑
|
||||
| Definition of Judicial Notice | Judicial recognition of a fact as true without formal presentation of evidence.
🗑
|
||||
| What can a court take judicial notice of? | Indisputable facts. Two forms: [1] Matters of COMMON KNOWLEDGE within the ct's territorial jur. [2] Matters capable of easy verification by resort to unquestionable sources. NOTE: Judicially noticed facts conclusive in civil cases, but NOT in crim.
🗑
|
||||
| In a defamation case, if plaintiff wishes to testify as to what the defendant said, will the testimony constitute hearsay? | NO. An alleged defamatory statement does not constitute hearsay because it is a verbal act (a/k/a legally operative words).
🗑
|
||||
| When is a specific instance of a person's conduct admissible? | When character is directly in issue. Most common: DEFAMATION and NEGLIGENT ENTRUSTMENT.
🗑
|
||||
| What hearsay exception is related to judicial notice? | The learned treatise exception. An attorney can request the court to take "judicial notice" that a treatise is a "reliable authority".
🗑
|
||||
| What are the proper methods of authentication? | (1) Testimony by W w/ pers knowledge; (2) Proof of author's handwriting; (3) Ancient document rule; (4) solicited reply; (5) self-authenticating docs
🗑
|
||||
| When does the PRESENT STATE OF MIND exception to hearsay apply? | Hillmon case (e.g. I'm going to crooked creek): statements of intent to do something in the future.
🗑
|
||||
| When does the past PHYSICAL CONDITION exception to hearsay apply? |
🗑
|
||||
| What are the exceptions to hearsay where UNAVAILABILITY is required? What are the different forms of "unavailability"? | (FiSDePF) former testimony, statement against interest, dying declaration, pedigree, forfeiture by wrongdoing
🗑
|
||||
| Best Evidence Rule | aka original document rule. [1] legally operative docs; or [2] facts learned from writing/recording. Exs: [1] deeds; [2] Jack Bauer + [1] surveillance [2] timesheets
🗑
|
||||
| What is the "collateral document" rule | Ex: Dr. Drew takes stand and says he's a licensed physician. His license is collateral.
🗑
|
||||
| How can you prove author's handwriting? | by (a) lay W who's familiar (b) expert, (c) jury comparison
🗑
|
||||
| What docs are self-authenticating? | Official publications; Cert copies of public docs on file in public office; newspapers; trade inscriptions and labels; notarized docs; commercial paper; certified business records.
🗑
|
||||
| Ancient document rule | At least 20 yrs old (In NY, must be 30 yrs); free of suspicion and found where it would be expected. [Ex: Nicolas Cage on trial for stealing the US Constitution from the Nat'l Archives].
🗑
|
||||
| Business Record exception to hearsay | BaRem RecaTOF: business; regularly made; regularly recorded; made about the TIME of event; and OBSERVED by employees or FALLS w/in independent hearsay exception
🗑
|
||||
| Statements against interest exception | PPP: pecuniary, proprietary, or penal interest
🗑
|
||||
| What's the difference b/w "statements against interest" and "party admissions"? | 1) UNAVAILABILITY required; 2) against interest at the TIME statement was made; 3) PERSONAL KNOWLEDGE; 4) ANY PERSON can make statement. [Ex: Porky Pig sues ACME for negligent driving of Donald Duck. DD tells police he was drinking. ACME fires DD.]
🗑
|
||||
| Pleas or Plea Discussions | FRE: Inadmissible: offer to plead guilty, withdrawn guilty plea, nolo contende, and statements of fact during any of the above.
NY: Withdrawn guilty pleas are ADMISSIBLE in a subsequent civil case.
🗑
|
||||
| Public Records (FRE Only; NY doesn't recognize) | Public records setting forth (A) activities of office, or (B) matters observed under legal duty EXCLUDING in crim cases matters observed by law enf, or (C) in civil actions and against the gov’t in crim cases, findings resulting from an invstgation.
🗑
|
||||
|
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
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
Normal Size Small Size show me how
Created by:
mdiaz367
Popular Law sets