What did they say?!
An out-of-court statement offered to prove the truth of the matter asserted.
What is hearsay?
Generally, this type of evidence is inadmissible to prove conduct in conformity.
What is character evidence?
Required for a privilege to apply.
Calls into question the witness's credibility.
What is impeachment?
It has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action.
What is relevant evidence?
Oh my gosh! That car just ran a red light and hit a van!
What is an excited utterance? (exception to hearsay)
Evidence admissible to prove that the person acted in accordance with this on a particular occasion.
What is habit evidence?
A person may be deemed to waive privilege if they do one of these things.
What is either failing to assert in a timely manner, voluntarily disclosing contents, or contractually waiving the privilege?
In general, these two modes of testimony are permitted to suggest that a witness is untruthful.
What is reputation or opinion?
Not admissible to prove liability for the injury, though conduct or statement accompanying this is admissible.
What are offers to pay medical expenses? (This is a public policy exclusion.)
Name one hearsay exclusion.
What is an admission by party opponent, prior inconsistent statement, prior consistent statement, or prior identification? (any of the category is acceptable - think Duck with an APPP)
This is an example of what type of evidence: Defendant is a reckless driver being offered to show defendant drove recklessly on the day in question.
What is character evidence? (inadmissible)
State statutes often protect communications made for the purposes of obtaining medical care.
What is physician-patient privilege? (I will also accept doctor-patient privilege.)
Generally, not permitted to be bolstered unless first attacked.
What is evidence of a truthful character?
Must be rationally based on own perception, helpful to the jury, and not based on scientific, technical, or specialized knowledge.
What is the opinion of a lay witness?
An exception to the hearsay rule that requires a declarant to be unavailable.
What is either former testimony, dying declaration, statement against interest, statement of personal/family history, statement offered against party that wrongfully caused the unavailability?
The only two ways a criminal defendant can offer pertinent character evidence?
What is through reputation or opinion?
What is spousal immunity?
Generally not allowed either to attack or support a witness's character for truthfulness, but may be allowed on cross examination if probative of witness's truthfulness/untruthfulness. Extrinsic evidence may generally not be introduced.
What are specific instances of conduct?
Used to remind a witness whose memory is incomplete. The item is only to be admitted if offered by the lawyer who did not use the exhibit to do this.
What is refreshing a recollection?
If it's a statement offered to prove the truth of the matter asserted and it's not an exclusion or an exception, it is this.
What is hearsay and inadmissible?
If a criminal defendant introduces evidence of a pertinent character trait through the acceptable modes, the prosecution may introduce this.
What is evidence of specific conduct?
Communications made between spouses while they were married are privileged if made in reliance on the sanctity of marriage. This privilege is held by both spouses and survives divorce or death.
What are confidential marital communications?
To introduce a prior conviction for impeachment purposes for a felony or a crime of dishonesty, the evidence must be less than this number of years old.
What is ten years? (There are some exceptions, but this is the general rule)
This is not admissible to prove negligence, culpable conduct, defective product or design, or need for warning as long as it occurred after a plaintiff was injured.
What are subsequent remedial measures? (This is a public policy exclusion.)