Evidence Flashcards

In a Delaware fraud prosecution, the State offers the defendant's prior scheme involving nearly identical fake invoices to prove a common plan and intent. Under D.R.E. 404(b), this evidence is:

Answer: Admissible for the non-propensity purposes of plan and intent, subject to Rule 403 balancing

Other-acts evidence may be admitted for purposes such as plan, intent, or identity, provided its probative value is not substantially outweighed by unfair prejudice.

A wife is called by the Delaware prosecution to testify against her husband about events she observed during the marriage. The husband objects. In most circumstances, who holds the privilege not to testify adversely?

Answer: The witness-spouse holds the privilege and may choose to testify

The adverse spousal testimony privilege generally belongs to the witness-spouse, who may waive it and testify even over the defendant-spouse's objection.

A Delaware plaintiff offers a text message allegedly sent by the defendant. The plaintiff authenticates it through the defendant's phone number, distinctive nickname, and references to facts only the defendant knew. This showing is:

Answer: Sufficient, because authentication requires only evidence adequate to support a finding that the item is what it is claimed to be

Under D.R.E. 901, circumstantial evidence such as distinctive characteristics and content can satisfy the low threshold for authentication.

During a Delaware personal injury trial, defense counsel offers evidence that the plaintiff has liability insurance covering the incident to suggest the plaintiff was careless. Under D.R.E. 411, the evidence is:

Answer: Inadmissible to prove negligent or wrongful conduct

Rule 411 bars evidence of liability insurance to prove negligence or wrongful conduct, though it may be admitted for other purposes such as bias or ownership.

A declarant, believing his death was imminent from a stabbing, told paramedics who attacked him. He survived. In which Delaware proceeding can the statement come in as a dying declaration?

Answer: A homicide prosecution or civil case, but only if the declarant is now unavailable

Under D.R.E. 804(b)(2), dying declarations require unavailability and apply in homicide prosecutions and civil actions; actual death is not required, only a belief of imminent death.

A leading question is asked by counsel on direct examination of a friendly adult witness in a Delaware trial. Opposing counsel objects. The court should:

Answer: Sustain the objection, since leading questions on direct are generally improper except for preliminaries, hostile witnesses, or witnesses needing aid

D.R.E. 611 generally prohibits leading questions on direct examination except for preliminary matters, hostile witnesses, or witnesses with difficulty communicating.

In a Delaware rape prosecution, the defense seeks to introduce the alleged victim's prior sexual history with third parties to suggest consent. Under the rape shield rule, this evidence is:

Answer: Generally inadmissible, subject to narrow exceptions such as prior acts with the accused or an alternative source of physical evidence

Rape shield provisions bar evidence of a victim's other sexual behavior except in narrow circumstances, such as explaining physical evidence or prior conduct with the defendant on consent.