Evidence
A recorded recollection may be received as an exhibit when..
What is when it is offered by an adverse party.
Facts known and opinions held by an expert not expected to testify, including the expert’s identity, are privileged and not discoverable unless:
What is (1) that information relates to a court ordered physical or
mental exam; or (2) exceptional circumstances make it impracticable
to obtain the information by other means.
The 6A right to counsel does what two things?
What is (1) automatically attaches once judicial proceedings have commenced and (2) guarantees that criminal defendants will have the assistance of counsel during all critical stages of prosecution.
These clauses prohibit federal and state governments from enacting retroactive criminal laws – i.e., laws that criminalize acts that were not crimes when originally committed.
What are ex post facto clauses?
If a buyer wrongfully disposes of rejected goods
What is the seller may sue the buyer for conversion to recover the fair market value of the converted property at the time of the conversion?
The court must decide preliminary questions of fact related to whether...
What is evidence is admissable, a privilege exists, or a witness is qualifed?
Procedural due process is assessed by weighing three factors:
What is (1) the private interest affected, (2) the risk of erroneous deprivation of that interest and probable value of other procedural safeguards, and (3) the government’s interest, including the fiscal and administrative burdens that other safeguards would entail
Derivative-use immunity protects a witness from what?
What is the use of the witness’s own testimony, or any evidence derived from that
State electoral regulations must comply with what clauses?
What are the 14A equal protection and due process clauses?
This occurs when a party clearly and unequivocally communicates that it does not intend to perform. And what can be done?
What is Anticipatory repudiation? A nonrepudiating party can (1) ignore the repudiation and demand performance or (2) treat the repudiation as a breach and seek remedies.
Authenticating an item of evidence that is a physical representation of something that could not otherwise be seen requires proof that:
What is (1) the process for creating the evidence was accurate; (2) machine that
produced the image was working properly; and (3) the operator of a
machine was qualified to operate it.
A subpoena can compel attendance at a trial, hearing, or deposition within ____ miles of where the subpoenaed person resides, works, or transacts business.
What is 100?
Larceny by trick is what?
What is a larceny whereby the defendant obtains possession of another’s property through fraud or deceit and converts it.
What must Congress do when it intentionally discriminates against a protected suspect class but not when it enacts legislation to protect a class?
What is Congress must demonstrate that its actions were necessary to serve a compelling government interest.
When a party’s assent to a contract is compelled by physical force or imminent threat of death or serious bodily harm. It also occurs when a party receives an improper threat and has no reasonable alternative but to succumb
A rebuttable presumption ____ when the opposing party in a civil case produces sufficient evidence to contradict a presumed fact. The fact finder must weigh the evidence to decide the issue.
What is the bursts?
There are two types of issue preclusion:
What is (1) mutual: when issue preclusion is asserted by parties to the first action against other parties to the first actions; and (2) nonmutual when issue preclusion is asserted by nonparties to the first action against parties to the first action
A person is not liable as an accomplice if ...
What is (1) the crime requires more than one participant, (2) the criminal statute imposes liability on only one participant, and (3) the person acts as a nonliable participant.
What happens if a treaty is self-executing?
What is the treaty becomes valid and binding on federal and state governments?
Why are Courts hesitant to award damages for lost profits?
What is they are difficult to prove?
Prior consistent statements are not hearsay when used to:
What is (1) rebut a charge of fabrication or improper influence; or (2) to rehabilitate the witness’s credibility after it has been attacked.
Under Rule ______, if a party fails to make or supplement its automatic disclosures as required by Rules 26(a) and (e), then the party will not be permitted to use the documents or witnesses that were not disclosed unless the nondisclosure was substantially justified or was harmless.
What is 37(c)(1)?
The taking of real property (eg., unharvested crops) is not larceny when ...
What is the defendant’s act of severance occurs immediately before the carrying aware of the real property?
What has been interpreted as permitting Congress to exercise its power to tax and spend for any public purpose, but NOT pass any type of legislation?
What is the General Welfare Clause of Article I, Section 8 of the Constitution?
Under the UCC, a breaching buyer is entitled to ...
What is restitution damages for the value of any advance payments it made to the seller, minus the amount of the seller’s damages?