Evidence Flashcards

A Delaware business's bookkeeper testifies that invoices were made at or near the time of each sale, by someone with knowledge, and kept in the regular course of business. The invoices are:

Answer: Admissible as business records under D.R.E. 803(6) if no lack of trustworthiness is shown

Records of a regularly conducted activity are admissible through a qualified witness or certification when the foundational elements are met and trustworthiness is not challenged successfully.

A non-testifying accomplice's statement to police during a stationhouse interrogation, implicating the defendant, is offered at a Delaware criminal trial. The primary constitutional obstacle is:

Answer: The Confrontation Clause, because the statement is testimonial and the defendant had no opportunity to cross-examine

Under Crawford v. Washington, testimonial statements of an unavailable declarant are inadmissible unless the defendant had a prior opportunity for cross-examination.

A witness in a Delaware trial made a prior inconsistent statement under oath at a deposition. That prior statement is:

Answer: Admissible both to impeach and as substantive evidence

Under D.R.E. 801(d)(1)(A), a prior inconsistent statement given under oath at a trial, hearing, or deposition is non-hearsay and may be used substantively.

A party in a Delaware civil case objects that relevant evidence should be excluded under D.R.E. 403. Exclusion is proper only if the probative value is:

Answer: Substantially outweighed by dangers such as unfair prejudice, confusion, or waste of time

Rule 403 tilts toward admissibility, excluding relevant evidence only when its probative value is substantially outweighed by countervailing dangers.

A patient tells her physician, 'My back has hurt since the forklift hit me at work last month.' Offered under the medical diagnosis or treatment exception, which portion is admissible?

Answer: Statements about symptoms and the general cause pertinent to treatment, but not statements assigning fault to a particular person

D.R.E. 803(4) covers statements of medical history, symptoms, and cause reasonably pertinent to diagnosis or treatment, but generally not attributions of fault.

A Delaware trial judge excludes defense evidence, and defense counsel fails to make an offer of proof. On appeal, the exclusion can generally be reviewed only for:

Answer: Plain error affecting substantial rights

Under D.R.E. 103, a claim of error in excluding evidence is not preserved without an offer of proof, leaving only plain error review.

In a Delaware criminal trial, the prosecution offers a certified copy of the defendant's prior conviction. Under D.R.E. 902, the document is:

Answer: Self-authenticating, requiring no extrinsic evidence of authenticity

Certified copies of public records are self-authenticating under Rule 902 and fall within the public records or judgment hearsay exceptions.