Hearsay
Which case held that hearsay is an out of court statement offered for the truth of the matter asserted and that if a statement is being offered for the fact it was said is NOT hearsay?
What is Chambers v. By the Book Publishing Ltd.?
What case held that the standard for the prongs of Rule 702 is a preponderance of the evidence?
What is Davis v. Adams?
What case held that the factors of determining reliability of an experts methods are: whether the theory or technique has been or can be tested, whether it has been subjected to peer review and publication, whether it has a known error rate, or whether it has gained widespread acceptance within the field. The case also held that there is no definitive checklist for determining reliability.
What is Tarot Readers Association of Midlands v. Merrell Dow?
What case held that depositions may be read onto the record, subject to the Midlands Rules of Evidence?
What is Midlands Television Studios v. Kosack?
What case held that the defense does not need to plead an affirmative defense to pursue an alternative suspect theory?
What is Borealis Industries v. Ellen Nora Hobbs?
What case held that labels are not hearsay if they are used to identify a product or the contents within?
What is Petrillo v. Martini and Peony Estates?
What case held that experts may rely on hearsay as long as it relates to their specialized knowledge in reaching a conclusion?
What is Richards v. Mississippi BBQ?
What is Jeffries v. Polk County Police Department?
What case held that deposed witnesses do not need to inform the attorney everything, but they do need to answer truthfully?
What is Pathan v. White?
What case held that the jury may draw adverse inferences if a plaintiff or defendant does not testify in a civil case?
What is McDonald v. Tiamiyu?
What case held that no part of the rule against hearsay deals with the "truth value" of a statement?
What is State v. De la Porta?
What case held that experts may not invent new opinions and that if an objection under this case law is raised -- the proponent of the opinion must provide the judge with a copy of the report and identify where in the report the opinion is contained?
What is Kane Software Co. v. Mars Investigations?
What case extended the holding in Jeffries v. Polk County Police Department to Private Investigators and Firefighters?
What is Moore v. Parker-Noblitt?
What case held that as long as proponent proves POTE a person made a statement, court will assume for admissibility purposes, that person made the statement?
What is Filteau v. Wanek?
What case held that the fact that a communication is listed as coming from an address or number that purports to belong to another is enough foundation absent particularized reasons to believe the communication was sent by someone else?
What is Ginger v. Heisman?
What case held that voice memos qualify as business records under Rule 803(6)?
What is Garmoe v. Evans?
What case held that experts should not be expected to put every single scientific fact in their report or every underlying fact from a document. The expert must disclose in the report that they relied on the document though.
What is Yu-Oh Industries v. Beckstein Alekri Inc.?
What case held that as long as an expert can explain their expertise, training, and method for review, Tarot Readers shall not be used to prohibit credible and admissible opinions, as those challenges are better suited for cross?
What is Omnidirectional Solutions v. Little Bird Word LLC?
What case held that handwriting comparisons may be done with the aid of witness testimony?
What is State v. Sinclair?
What case held that evidence of a lack of criminal charges against a defendant in a slayer statute case is inadmissible under Rule 403?
What is Maloney v. Soucar?
What case held that 801(d)(2) only applies to the other party, not Defense to offer statements by the Defendant?
What is Dolly v. Ringo?
What case held that experts with an affidavit only are still subject to Kane Software Co. and Yu-Oh?
What is Nelson v. Dunn?
What case held that reverse character evidence (which is character evidence about another suspect besides the plaintiff or the defendant) may be admissible, subject to a balancing test of its relevance against its prejudicial value?
What is Krent v. Lions, Inc.?
List all of the sections in case law
What is:
Wills, Trusts, and Slayer Statute
Burden of Proof
Preliminary Questions
Framing the Issues for Trial
Credibility
Authentication
Hearsay
Character Evidence
Vicarious Liability
Experts
Depositions and Discovery Responses
Witnesses Must Be Able to Respond to Cross Examination
Privilege Against Self-Incrimination Inapplicable in Civil Cases
Alternative Suspect(s)
What case held that an attorney cannot ask a witness if another witness is lying?
For example: an attorney cannot ask:
"so you're saying the defendant is lying?"
What is Graham v. Duckworth?