400s
404(a)(b) is used for ___ and ___ in ___ law?
404(a) Tells us about Intangible Character and how we describe people
404(b) Tells us about Tangible Character and what we can see
According to 501 what Professions are privy to privacy?
Doctor/Patient, Attorney/Client, Clergy/Partitioner
If you think the witness is incompetent what rule would you use?
601: Competency
801(b) Declarant. Who is the declarant?
The declarant is the person who makes a statement.
A 90-year-old man came in to change his will cutting out two of his three children. The lawyer agrees to this but first he will need to prove___? Using a ___?
Competency
Competency test
Only the defendant can open the door to the defendant's character. True/ False. How do you know this?
True. In 404(a)(1) it says this.
What does 405(a) state about reputation and opinion?
a witness can attest to their knowledge and opinion of their character within the community. The other side may rebut with a specific instance that goes against the established character.
What is a Lay Witness in 701?
A person who knows what an average person or someone in the field would know. If a lay witness is in the field, they can testify to anything a person in the field would know EXEPT for the verdict or culpability.
What is a statement according to 801(a)?
Can be written, oral, or nonverbal (made as an assertion)
Jasmine says that Alice said "she fell into a rabbit hole and went to wonderland where she drank tea with the mad hatter and almost got beheaded by the queen of hearts!" Who is the declarant? What is the statement? And who heard her say it?
Alice is the Declarant. "She fell into a rabbit hole and went to wonderland where she drank tea with the mad hatter and almost got beheaded by the queen of hearts!" is the statement. Jasmine heard her say it.
404(a)(2) Who can open the door to who's character and what can the other side do to defend against these claims?
404(a)(2): Only the defense can open the door to the victim's character. If the defense opens the door the prosecution may rebut /re-direct
What the Blackline Rule and how does it relate to 404(b)?
Someone's quality or actions in the past cannot be used against them in trial. As it relates to 404(b) just because you did it once does not mean you will do it again. If you commit a crime and on trial for another it does not automatically make it relevant.
602- Lack of Personal Knowledge. How is it used?
to show that a witness has personal knowledge about the matters they testify to in a court of law.
(Civil) Plaintiffs and witnesses can testify against the defendant the defendant may testify against them back. True/False
False the defendant may not testify against the witnesses as they are not party to the suit
A Patient comes in with a cough but the doctor later finds out the patient has an old gunshot wound. The patient then tells the doctor they committed a crime 10 years ago resulting in said injury. The doctor calls the police. Is this allowed? Why or why not?
Yes, it is an old injury unrelating to the reason they came in to get checked up not covered under privilege.
What are 2 exceptions to the rules named above?
Exception 1: is the rape victims in 404(a)(2)
Exception 2: if the defense claims self-defense it may shift the burden, and they now need to provide evidence beyond a reasonable doubt of this. Or the prosecution can bring evidence of the peacefulness of the victim.
what is KIPPOMIA and what is it used for?
K-Knowledge, I- Intent, P-Preparation, P-Plan, O- Opportunity, M-Motive, I-Identify, A-Absence of Mistake or Malice. All of these or one of these may be used to bring in other crimes or wrong acts committed in the past but "for another reason".
What is the difference between a lay witness and an expert witness?
A expert witness can testify to the verdict or culpability of the defendant. Only a judge can decide if they are an expert witness.
An out of court statement made by somebody other than the declarant coming in to prove the truth of the matter. which rule matches the definition?
801(c)
Daily Double
Free 800 points
403 looks for probative value aka ___? What is the ___ the evidence vs How does it ___ the jury's ability to make a verdict?
Relevance
Helpfulness
Harm
If a patient has a gunshot wound and the patient tells the doctor why and it relates to a crime can the doctor tell the police? Why or why not?
No, they cannot tell the police as it is protected under secrecy as is the patients right. The patient has an obligation to tell the doctor all the things they need to know in order to get better. So, the doctor can report the gsw but not the crime.
According to 702 there are 6 predicates to establishing an expert witness. Name 4.
Their Name, Their Occupation, any degrees (Masters or PHD), Their Accomplishments (Awards and Accolades), Any Publishing (Industry Publications), Any Teaching Experience (College Level), If They Have Testified as an Expert Witness Before (Persuasive)
What is non-hearsay?
It looks and sounds like hearsay, but it is not hearsay.
Drake is accused of robbing a jewelry store with a firearm and stealing expensive jewelry. The prosecution would like to bring in evidence of his prior robbery from 5 years ago using the same methodology. What rule does this fall under and how would you enter this in a trial?
404(b) Other Crimes and Wrong Acts. To bring this in as evidence you would use KIP. He had knowledge on how to rob a jewelry store. Identity- He has done it before using the same methodology and Plan he had planned to do it in the same way he did prior.