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Evidence - Miscellaneous

Terms in this set (17)

Character Evidence in a Civil Trial
Character evidence as proof of conduct in a litigated event is not admissible in a civil case unless character is directly in issue, for instance in a defamation case.
Admissions in Connection with Offers to pay medical bills
Admissions or statements made in conjuntion with an offer to pay medical bills are admissible even though the offer to pay medical bills are inadmissible.
Impeaching a witness by extrinsic evidence
A witness may be impeach by cross examining about specific immoral or criminal acts but extrinsic evidence is not admissible for this purpose
Impeaching a witness based on truthfulness
A witness may be impeached on cross examination with regards to any specific act of misconduct that is probative on truthfulness.
Marital Privilege
Either spouse has a privilege to refuse to disclose, or to prevent the other from disclosing confidential communications made between the spouses while they were husband and wife. Requirements: 1) the communication must have been made in reliance on the intimacy of marriage; and 2) must have been made during a valid marriage.
Judicial Notice
A fact or statement may be judicially noticed by the court if the truth of the fact is so generally accepted, notorious, or well known that it cannot be refuted e.g., calendars, certain scientific information, or generally known facts etc
Judicial Notice - Effect
When the judge takes judicial notice of a fact, the judge instructs the jury that it may, but is not required to, accept the fact as conclusively proven.
Declaration of Present State of Mind or Present Mental State
This is an exception to the hearsay rule
Attorney Client Privilege - Confidentiality with Third Parties Present
Statements made in the presence of third parties whose presence is reasonably necessary to the communication does not waive attorney-client privilege e.g., injured child and father with an attorney does not waive privilege. None of the three parties can be forced to testify about the communications.
Judges' Discretion to Question witnesses
A judge may call and interrogate witness based on its own discretion regarding: 1) ultimate issues in the case; 2) whether or not they are lay witnesses or involved in the case or controversy.
Parole Evidence and Hearsay - Inducement Evidence
Parole evidence is admissible when a contract is attacked on grounds of fraud, duress, or undue influence to show that the existence of the evidence induced or caused the plaintiff to enter into the contract. When evidence is offered to prove inducement, it is usually not offered to prove the truth of the matter asserted but to show that the statement was made and the EFFECT it had on the plaintiff - which was inducement.
Attorney-Client Privilege and Representatives
A client has a privilege to refuse to disclose, or to prevent others from disclosing, confidential communications between himself (OR HIS REPRESENTATIVE) and his lawyer (OR HIS REPRESENTATIVE). A representative of the lawyer is one who is employed to assist in the rendition of legal services.
Vicarious Admissions
Vicarious admissions against interest made by an agent are admissible against the principal, so long as, it was concerning a matter within the scope of his agency, and was made during the existence of an employment relationship.
Motions to Strike
a motion to strike is effective only where there was no basis or opportunity for an earlier objection. Generally, an objection must be made after the question is asked but before the witness answers. Only if the questions was NOT objectionable but the answer was will a motion to strike be effective.
Exception to Physician-Patient Privilege
A person cannot invoke physician-patient privilege which prevents the physician from disclosing information obtained while treating the person for a physical injury where the person has put their physical condition in issue e.g., in a personal injury case
Excited Utterance Exception to Hearsay
A statement made by a person or declarant relating to a startling event or condition, made while the declarant was under the stress of excitment caused by the event or condition is admissible as an exception to hearsay - whether or not the declarant was unavailable.
Spousal Immunity Privilege
The privilege of spousal immunity - 1) belongs to the witness-spouse, who may choose to waive it; 2) only lasts during marriage and terminates upon divorce; 3) does not require the consent of the other spouse in order to be waived.
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