Evidence Flashcards

After a pedestrian is struck in a crosswalk, the driver rushes over and says, 'I'm so sorry — let me pay your hospital bills. I never should have looked at my phone.' At trial, the plaintiff offers the entire statement. The court should:

Answer: Exclude the offer to pay medical expenses but admit the accompanying admission about the phone

Offers to pay medical expenses are excluded, but unlike settlement negotiations, accompanying statements of fault remain admissible.

A judge presiding over a bench trial is asked to take judicial notice that Louisville is in Jefferson County, Kentucky. The court:

Answer: May take judicial notice because the fact is generally known within the jurisdiction and not subject to reasonable dispute

Courts may judicially notice facts not subject to reasonable dispute that are generally known locally or readily verifiable from unquestionable sources.

In a Kentucky criminal case, the court takes judicial notice of a fact adverse to the defendant. The jury should be instructed that it:

Answer: May, but is not required to, accept the noticed fact as conclusive

In a criminal case, the jury must be instructed that it may, but is not required to, accept a judicially noticed fact as conclusive.

A defendant's attorney interviews a client in the presence of the client's adult friend, who was invited along for moral support only. Later, the prosecution subpoenas the friend to reveal the conversation. The attorney-client privilege:

Answer: Was likely waived because the presence of an unnecessary third party destroys confidentiality

The privilege requires confidentiality, and the knowing presence of a third party unnecessary to the representation generally defeats it.

At trial, a party seeks to authenticate a threatening phone call by testifying that she recognized the caller's voice from prior conversations. This voice identification is:

Answer: Sufficient authentication based on familiarity with the voice acquired at any time

A voice may be identified by opinion based on hearing the voice at any time under circumstances connecting it with the alleged speaker, including familiarity gained afterward.

A criminal defendant testifies and is impeached with a prior inconsistent statement made to police without Miranda warnings. The statement, though inadmissible in the case-in-chief, is:

Answer: Admissible to impeach the defendant's credibility if voluntarily made

Voluntary statements taken in violation of Miranda may be used to impeach a testifying defendant, though not as substantive evidence in the prosecution's case-in-chief.

In a will contest, a party offers a 40-year-old deed found in the county clerk's records to prove a property transfer. The deed's authenticity is challenged. Under the ancient documents authentication rule, the deed is sufficiently authenticated if it:

Answer: Is at least 20 years old, in a condition creating no suspicion, and was found where it would likely be if authentic

A document is authenticated as ancient if it is at least 20 years old, unsuspicious in condition, and found in a place where an authentic document would likely be.