Evidence Flashcards

The work product doctrine protects documents and materials prepared by an attorney:

Answer: In anticipation of litigation or for trial

The work product doctrine under FRCP 26(b)(3) protects materials prepared by or for a party or its representative in anticipation of litigation.

Under FRE 615, the rule on exclusion of witnesses (sequestration) does NOT apply to which of the following?

Answer: A party who is a natural person

FRE 615 allows exclusion of witnesses from the courtroom but exempts natural persons who are parties from being excluded.

Authentication of a document under FRE 901 requires evidence sufficient to support a finding that the document is:

Answer: What its proponent claims it to be

FRE 901 requires that the proponent of evidence produce sufficient evidence to allow a reasonable jury to find that the item is what the proponent claims.

Under the doctrine of completeness (FRE 106), if a party introduces part of a writing, the opposing party may require introduction of:

Answer: Any other part of the writing that fairness requires to be considered at the same time

FRE 106 allows the opposing party to introduce any remaining portions of the document that in fairness ought to be considered together with the admitted portion.

Under FRE 410, which type of statement made during plea negotiations is inadmissible against a defendant?

Answer: Statements made during plea discussions with a prosecutor

FRE 410 bars use of statements made during plea bargaining with a prosecutor or the court against the defendant at trial.

Character evidence of the victim's prior peaceful conduct may be introduced by the prosecution in a homicide case to rebut which defense claim?

Answer: That the defendant acted in self-defense and the victim was the first aggressor

Under FRE 404(a)(2)(C), when a defendant in a homicide case claims the victim was the first aggressor, the prosecution may offer evidence of the victim's peaceful character.