RELEVANCE
FRE 402 instructs that evidence is relevant if the evidence is these two things
What is probative and material?
Convictions offered as impeachment evidence where more than ____ years have elapsed since the conviction are subject to a heightened balancing test
What is 10 years?
Which one of the following is a statement for hearsay purposes?
(a) A dog's bark
(b) an automatically generated time stamp on an email
(c) a thumbs up
What is (c) a thumbs up?
A metaphorical act by the defendant that allows the prosecution to attack the defendant's good character
What is "opening the door"?
Character evidence that requires the proponent to establish that the evidence is inflexibly regular and proven by an adequate and representative sample
What is habit evidence?
Evidence may be admissible even if the danger of prejudice (or other factors) outweighs the probative value so long as the danger does not do so "_________."
What is substantially?
True or false: Evidence of an arrest is admissible as impeachment evidence of specific instances of conduct
What is false?
FRE 801 expressly defines declarant- witness's prior statements and opposing party's statements as this
What is nonhearsay?
The type of case where evidence of a person's character is generally inadmissible to prove that the person acted in accordance with that character on a particular occasion. (civil or criminal)
What is civil?
What is character evidence?
Which of the following does is not a Rule 403 exclusion
(a) unfair prejudice
(b) collateral issue
(c) misleading the jury
(d) undue delay
What is (b) collateral issue?
The only type of impeachment evidence of specific instance of conduct admissible through the use of extrinsic evidence
What are criminal convictions?
The declarant need not be dead for a dying declaration to be admissible, but the declarant must be ____________
What is unavailable?
Specific bad acts are admissible in criminal cases when they are admissible for purposes other than criminal propensity (motive, intent, mistake, identity, common plan/ scheme) or when character or a character trait is an e_______ e________ of a crime or defense.
What is essential element?
Type of impeachment evidence that shows a deficiency in the witness's testimonial capacities to perceive, recall, or relate information
What is sensory competence? (or Ability to perceive or testify accurately)
In determining the ______ _____ of evidence, the court should consider the availability of other evidence to establish the same fact
What is probative value?
The type of impeachment evidence that would necessarily show either the witness's relationship to a party, the witness's interest in testifying, or the witness's interest in the outcome of the case
What is bias or interest?
Business records are not excluded as hearsay if (1), the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, (2) the making of the record was a regular practice of that activity, and (3) ____ _______ ____ _____ __ __ _____ ___ ____ by someone with knowledge
What is the record was made at or near the time?
True or false: the prosecution can always bring evidence of a victim's good character
What is false?
Hearsay exception for statements supported by sufficient guarantees of trustworthiness that is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts
What is the residual exception?
When a court erroneously admits evidence, it may permit the introduction of this type of additional inadmissible evidence to rebut the previously admitted evidence.
What is a curative admission?
If a witness denies a specific instance of conduct on cross exam, the court prohibits this type of evidence to prove that instance.
What is extrinsic evidence?
Hearsay exception for authenticated documents prepared before January 1, 1998
What is statements in ancient documents?
Proof of character, whether good or bad, offered by any party generally must be in the form of these two types of testimony
What is reputation or opinion testimony?
The hearsay exception that I would be if a mischevious witch turned me into a hearsay exception
What is an excited utterance?