Standard Practice
The Plaintiff's burden of proof in a civil case
What is a preponderance of the evidence?
This rule allows the court to sequester witnesses.
615
in Midlands, the definition of “hearsay” includes out-of-court statements by a witness who is on the stand or by another person who has or will be testifying in a particular trial.
What is America’s Best Cookie v. International House of Waffles
"Weddings are the top of the food service event pyramid."
Who is Arnould?
This is when you should impeach a witness
When they are stating material facts in contradiction with their affidavit or deposition
The standard for excluding prejudicial evidence
What is “the probative value is substantially outweighed by the danger of unfair prejudice”?
This rule prohibits the admission of hearsay evidence.
802
Midlands Rule of Evidence 703 does not permit experts to testify or present a chart in a manner that simply summarizes inadmissible hearsay without first relating that hearsay to some specialized knowledge on the expert’s part. The court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from conduits who merely repeat what they are told.
What is Richards v. Mississippi BBQ
"What if, for example, two weeks before Petrillo died—before Petrillo consumed any wine from Harper Martini— Petrillo had low levels of acetylcholinesterase?"
Who is Cannon?
The word 'impeachment' means this
What is an attack on the witness’s credibility?
The standard for relevant evidence
What is “it has a tendency to make a fact of consequence more or less probable”?
This rule prohibits the admission of irrelevant evidence
402
The factors to assess reliability under 702(c), while relevant, are not necessarily dispositive. There is no definitive checklist. Judges must make such assessments based on the totality of the circumstances.
What is Tarot Readers Association of Midlands v. Merrell Dow
"I was subpoenaed and am not testifying voluntarily"
Who is Soto?
This would be an incorrect objection to an impeachment
The standard for authentication
What is “evidence sufficient to support a finding that the item is what it’s proponent claims it to be”?
This rule lets you offer an opinion -- even without expertise!
701
Pursuant to the doctrine of Respondeat superior, an employer is legally responsible and liable for all acts of its employees that occur within the scope of their employment.
What is LaFontan v. MacDougald
"...frankly, I’ve never had an interaction with Genesis that didn’t leave me exhausted."
To avoid an impeachment, a witness should be able to do this with their statements
The basic requirement for any witness to testify to anything.
What is “evidence sufficient to support a finding that the witness has personal knowledge"
This rule allows a judge to admit evidence now, even if its relevance will be “connected up” later.
104(b)
Traditional principles of agency law provide that a corporation is generally charged with knowledge of any facts learned by its agents within the scope of their employment. This is especially true in circumstances where the agent, in light of his or her role at and duties to the corporation, ought and would reasonably be expected to act upon those facts or communicate his or her knowledge of them to others at the corporation. This rule applies regardless of whether the agent, did in fact, communicate the information to others.
What is Vir v. Londo Manufacturing Co.?
"I saw Martini return, pick up the crumpled envelope, and say, “I forgot that I should rid of this after Genesis tossed it back in my face.”
Who is Paras?
"Is it your testimony today..."
"Is this your affidavit/signature..."
Confront them with the contradiction