Evidence Flashcards

Under Louisiana law, a witness may be impeached with a prior criminal conviction when the crime:

Answer: Involved dishonesty or false statement, regardless of the grade of the offense

Louisiana Code of Evidence Article 609 allows impeachment with prior convictions for crimes of dishonesty or false statement (crimen falsi) without requiring additional balancing.

Under Louisiana Code of Evidence Article 202, judicial notice of an adjudicative fact is mandatory when:

Answer: A party requests judicial notice and supplies the court with the necessary information

Article 202 requires the court to take judicial notice when a party timely requests it and furnishes the necessary supporting information.

In Louisiana civil proceedings, a plaintiff must typically establish their claims by:

Answer: A preponderance of the evidence

The default burden of proof in Louisiana civil cases is a preponderance of the evidence—more likely true than not true.

Under Louisiana law, a witness is presumed competent to testify unless the court finds the witness:

Answer: Lacks personal knowledge of the matter or lacks the ability to communicate their testimony

LCE Article 601 establishes a general presumption of competency; disqualification requires a finding that the witness lacks personal knowledge or the capacity to communicate.

Under the Louisiana Code of Evidence, a witness's prior inconsistent statement may be used to:

Answer: Impeach the witness's credibility; it is substantive evidence only if it independently qualifies as non-hearsay

Prior inconsistent statements are primarily tools of impeachment; they constitute substantive evidence only when they independently qualify as non-hearsay under Article 801(D)(1).

The 'opening the door' doctrine in Louisiana evidence law allows:

Answer: A party who introduces evidence on a subject to be met with otherwise inadmissible evidence that fairly rebuts that subject

When a party places a matter in issue, the opponent may respond with evidence that might otherwise be inadmissible to prevent a one-sided or misleading impression.

Under Louisiana law, which of the following communications is NOT protected by any recognized evidentiary privilege?

Answer: Statements made in the presence of unnecessary third parties not essential to the privileged communication

Disclosure to third parties who are not necessary participants destroys the confidentiality that most privileges require, eliminating privilege protection.