Evidence Flashcards

Under FRE 404(b), evidence of prior bad acts may be admissible for purposes such as:

Answer: Proving motive, opportunity, intent, knowledge, or identity

FRE 404(b) bars prior bad acts to prove propensity but permits such evidence to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.

The present sense impression hearsay exception requires the statement to be made:

Answer: Immediately or very shortly after the event being described

Under FRE 803(1), a present sense impression is a statement describing or explaining an event made immediately or very shortly after the declarant perceived it.

Lay witness opinion testimony is admissible if it is:

Answer: Rationally based on the witness's own perceptions and helpful to the trier of fact

Under FRE 701, lay witness opinion must be rationally based on the witness's own perception, helpful to understanding their testimony or determining a fact in issue, and not based on specialized knowledge.

Under Massachusetts Guide to Evidence, the marital privilege allowing a spouse to refuse to testify against the other spouse in a criminal case belongs to:

Answer: The testifying spouse, who may choose whether to testify

In Massachusetts criminal cases, the anti-marital privilege belongs to the testifying spouse, who may independently choose whether to testify against their spouse.

A statement made for purposes of medical diagnosis or treatment is admissible under which hearsay exception?

Answer: Statement for medical diagnosis or treatment

Under FRE 803(4), statements made for purposes of medical diagnosis or treatment are admissible as an exception to hearsay because the declarant has a strong motive to tell the truth.

Judicial notice allows a court to accept a fact as true without formal proof if the fact is:

Answer: Not subject to reasonable dispute and is either generally known or verifiable from reliable sources

Under FRE 201, judicial notice is proper for adjudicative facts not subject to reasonable dispute that are either generally known in the community or accurately and readily verifiable from reliable sources.