Evidence ALL BBQs

The most basic requirement for evidence to be admissible in court is which of the following?

Relevance.

The relevance of evidence has two components: probativity and ________________.

Materiality.

What is the trial court’s level of discretion, if any, when determining the admissibility of evidence that is relevant to one issue in the case but not to other issues?

The court may allow the jury to see/hear it but must give a limiting instruction if the opposing party requests one.

Which of the following terms describes the admission of evidence for some purposes but not for others?

Limited admissibility.

Which of the following terms is used to describe the relevance of a piece of evidence when its relevance depends on the existence of another fact?

Conditional relevance.

If a court conditionally admits evidence, and the required proof is not introduced later, how should the court proceed?

The court must strike the conditionally admitted evidence and must instruct the jury to disregard it.

Which of the following describes the fundamental FRE 403 test for when a court may exclude otherwise relevant evidence?

When the probative value of the evidence is substantially outweighed by certain dangers listed in FRE 403.

Which of the following factors would be most likely to lead the court to exclude relevant evidence?

The evidence would play to the jury’s emotions, causing a feeling of disgust toward one of the parties.

When a court is in doubt as to whether relevant evidence should be excluded due to a danger of unfair prejudice, what is the likely outcome?

The court will admit the evidence, because there is a presumption in favor of allowing relevant evidence.

A court will not exclude evidence on the basis of prejudice unless the evidence introduces which of the following?

Unfair prejudice.

o which of the following proceedings do the Federal Rules of Evidence apply?

Federal bankruptcy court proceedings.

In an inquiry into the validity of a jury’s verdict, a juror may NOT testify about which of the following?

A juror’s mental process during deliberations.

In federal court, a witness’s competency to testify is most likely to be an issue in which of the following cases?

In a civil case based on diversity, where state law governs the substantive claims.

Which of the following does NOT support the admission of the opinion testimony of a lay witness?

The opinion is derived from information received from reliable sources.

Which of the following witnesses could be excluded from the courtroom during a trial, either by a party’s request or upon the court’s own motion?

An expert witness who is being compensated by a party.

Which of the following statements accurately describes a requirement for using a document to refresh a witness’s recollection?

The witness must first indicate during questioning that she cannot recall information requested by the proponent.

The use of extrinsic evidence to impeach a witness, whether through contradiction or a prior inconsistent statement, may lead to a potential objection if the issue in question is deemed to be collateral.

What is this potential objection?

The probative value of the extrinsic evidence is substantially outweighed by its prejudicial effect.

The only character trait relevant for purposes of impeachment is which of the following?

Truthfulness.

The admission of a witness’s past felony conviction to impeach that witness is subject to which of the following time restrictions?

10-year limitation.

Which of the following accurately describes the standard for admission of a recent misdemeanor perjury conviction to impeach a criminal defendant at the defendant’s trial?

It must be admitted.

The defense in a robbery trial calls a witness to impeach the character of the prosecution’s main witness.

For the defense witness to testify as to character, what must be established first?

The character witness is familiar with the target witness or the reputation of the target witness.

Which of the following statements accurately describes the use of contradiction evidence to impeach the credibility of a witness?

It is generally permitted, even by extrinsic evidence.

A trial witness was convicted of a crime six years ago but has not been in trouble with the law since then.

Which of the following additional facts would make the conviction inadmissible for impeachment purposes?

The conviction was pardoned on the grounds of rehabilitation.

Which of the following is NOT a requirement for the admission of expert testimony?

The expert has a degree in the field about which he is testifying.

In determining whether the underlying basis of an expert opinion is reliable or scientifically valid, the court will consider all EXCEPT which of the following factors?

Whether the expert’s theory has become generally accepted outside of the relevant scientific or technical community.

Who determines whether expert testimony will be admitted?

The judge.

Which of the following statements regarding an expert’s opinion is accurate?

The opinion can be offered on direct examination without the expert’s disclosure of the facts relied upon to form the opinion.

If a judge takes judicial notice of a fact in a criminal case, which of the following statements is true?

The jury may accept the fact as true.

If a judge takes judicial notice of a fact in a civil case, which of the following statements is true?

The jury must accept the fact as true.

Which of the following refers to a tangible item that is relevant to the merits of the case?

Real evidence.

Which of the following refers to a tangible document that is not itself relevant but depicts or illustrates something relevant to a case (e.g., a photo of an accident scene, a chart showing data)?

Demonstrative evidence.

Which of the following accurately describes a difference between real evidence and demonstrative evidence?

Real evidence is itself relevant to the case, whereas demonstrative evidence is not.

What is the name of the rule governing the evidence necessary to prove the contents of a writing, recording, or photograph?

The best-evidence rule.

The best-evidence rule is necessarily implicated when a proponent of evidence seeks which of the following?

To prove the contents of a writing, photograph, or recording.

How is a photocopy of an original document treated under the best evidence rule?

It can be offered in place of the original in certain circumstances.

In which of the following situations is it most likely that the proponent would not have to produce the original of a writing (i.e., would be exempted from compliance with the best evidence rule), even though he seeks to prove its contents?

The writing concerns a collateral issue in the case.

At trial, a party wishes to produce a summary of documents in lieu of the originals.

If the court is to excuse the party from producing the originals, all EXCEPT which of the following conditions must be met?

The documents contain technical information that requires the assistance of an expert for review.

A certified copy of a record may sometimes be introduced into evidence in lieu of the original.

The requirements for introducing the certified copy include all EXCEPT which of the following?

A public official testifies that the original record or document was lost or destroyed.

In a jury trial, which of the following issues is NOT decided by the jury?

Whether the party offering a writing, recording, or photograph has satisfied the requirements of the best-evidence rule.

Which of the following terms describes the principle that if a party introduces part of a writing, then an adverse party may require the introduction of any other part of that writing that should be considered at the same time in the interests of fairness?

The rule of completeness.

Which of the following is the process for showing that a piece of evidence is what its proponent claims it to be?

Authentication.

The process of authenticating a tangible object involves which of the following?

Showing that it is what the proponent purports it to be.

Which of the following is NOT a proper method used to authenticate real evidence?

A recording of an incoming telephone call in which the caller identifies himself.

Which of the following is NOT a requirement for demonstrating the “chain of custody” of the alleged murder weapon in a murder prosecution?

Proof of how the weapon was used in the commission of the crime.

A witness for the prosecution in a criminal trial testified that she dialed a telephone number that was listed in the phone book as the defendant’s number. The prosecutor then sought to show that it was the defendant who answered the call.

Which of the following is most likely to be sufficient for authentication purposes?

The person who answered the call identified himself as the defendant.

A lawsuit over literary rights focused on several lines of prose written on a restaurant napkin.

Any of the methods below may be used to identify the handwriting on the napkin as that of the purported author, EXCEPT which?

A work colleague of the purported author familiarized himself with the purported author’s handwriting for purposes of the litigation and will now testify that he recognizes the handwriting as belonging to her.

At issue in an employment discrimination case is the identity of a voice captured in an audio stream. A lay witness was called to testify that the voice belonged to the defendant. The witness had no prior familiarity with the defendant’s voice, but the witness acquired experience with the defendant’s voice in anticipation of the litigation.

Is the court likely to allow the witness’s testimony?

Yes, because any witness with experience hearing the alleged declarant’s voice may offer such an opinion.

Which of the following pieces of evidence is NOT self-authenticating?

A text message.

Which of the following documents is NOT self-authenticating?

A signed, unwitnessed copy of the decedent’s last will and testament.

To impeach a witness, it is always permissible to introduce evidence of the witness’s character for which of the following?

Untruthfulness.

In a defamation suit, the plaintiff alleged that the defendant had defamed her by calling her a “habitual liar.” At trial, the defendant sought to introduce into evidence incidents in which the plaintiff told lies.

Will the court permit this evidence?

Yes, because the plaintiff’s untruthful character is an essential element of the defense in the case.

Where a person’s character trait is an essential element of a charge, claim, or defense, which of the following statements is true?

The Federal Rules of Evidence do not provide any specific limitations on the type of evidence a party may offer to prove that the person acted in conformity therewith.

A defendant has been charged with sexual assault. Ten years ago, the defendant was expelled from college for sexually assaulting another student. No criminal conviction resulted.

Is evidence of the defendant’s prior act admissible in the present sexual assault case?

Yes, because evidence of a prior assault by the defendant is admissible in a criminal sexual assault case.

In a criminal case charging sexual misconduct, evidence of specific instances of a victim’s sexual behavior with the defendant is admissible under which of the following circumstances?

If the evidence is offered by the prosecutor, for any relevant purpose.

In a criminal sexual assault case, the prosecutor intends to introduce evidence of the defendant’s past sexual assault on another victim.

The prosecutor must notify the defendant of this intent how many days, if any, before trial?

15 days before trial.

 In a criminal case, evidence of the defendant’s pertinent good character trait(s) or the victim’s pertinent bad character trait(s) must be first offered by whom?

Both the defendant’s good character trait and the victim’s bad character trait must be first offered by the defendant.

In a criminal prosecution for armed robbery, the defense called a character witness who testified that the defendant had a reputation for nonviolence.

Which of the following questions, if asked by the prosecutor in good faith, is most likely to be allowed on cross-examination?

“Have you heard that the defendant kicks neighborhood cats that wander onto his property?”

Under which circumstances, if any, can the prosecution be the first to introduce character evidence in a criminal case?

Only in a homicide case, to show the victim’s good character for peacefulness after the defendant has introduced evidence that the victim was the first aggressor.

Which of the following best describes the difference between character evidence and habit evidence?

A habit is a specific response to a recurring situation, often reflexive, whereas character is a general behavior trait.