Evidence Flashcards

Under FRE 609, a prior conviction is admissible to attack a witness's credibility if it is a felony or crime of dishonesty. For a criminal defendant's prior felony conviction, the court must apply a:

Answer: Probative value vs. unfair prejudice balancing test under Rule 403

For criminal defendants, FRE 609(a)(1)(B) requires the court to admit a prior felony conviction only if its probative value on credibility outweighs its prejudicial effect to the accused.

The marital communications privilege protects confidential communications between spouses during the marriage. In Illinois, who holds the privilege?

Answer: Either spouse may claim or waive the privilege

In Illinois and under most modern rules, either spouse may invoke the marital communications privilege to prevent disclosure of confidential marital communications.

When a party seeks to introduce a business record under FRE 803(6), the foundational requirements include all EXCEPT:

Answer: The record was prepared specifically for litigation

Business records are inadmissible under FRE 803(6) if they were prepared in anticipation of litigation; the trustworthiness rationale requires records made in the ordinary course of business.

A witness may be impeached by a prior inconsistent statement. Under FRE 613, which procedure is required before extrinsic evidence of the inconsistent statement is introduced?

Answer: The witness must be given an opportunity to explain or deny the statement, and the opposing party must have the chance to examine the witness

FRE 613(b) allows extrinsic evidence of a prior inconsistent statement only if the witness is given an opportunity to explain or deny it and the opposing party may examine the witness on it.

Under Illinois law, which of the following communications is protected by the physician-patient privilege?

Answer: Confidential communications made to a physician in the course of professional consultation or treatment

The Illinois physician-patient privilege protects confidential communications made to a licensed physician during professional consultation or treatment, subject to exceptions including future harm.

Judicial notice under FRE 201 allows a court to accept as established without formal proof a fact that is:

Answer: Generally known within the territorial jurisdiction or accurately and readily determined from unquestionable sources

FRE 201 permits judicial notice of adjudicative facts that are either generally known within the jurisdiction or capable of accurate and ready determination from sources whose accuracy cannot reasonably be questioned.