Evidence Flashcards

Under FRE 609, a prior felony conviction may be used to impeach a witness's credibility if the conviction is:

Answer: A felony whose probative value outweighs its prejudicial effect, subject to a 10-year time limit

FRE 609 allows prior felony convictions for impeachment if probative value outweighs prejudicial effect (or unfair prejudice for a criminal defendant), and bars convictions more than 10 years old unless their probative value substantially outweighs prejudice.

Which privilege protects communications between a client and their attorney even after the attorney-client relationship ends?

Answer: Attorney-client privilege — it survives termination of the relationship

The attorney-client privilege is permanent and survives the end of the attorney-client relationship, continuing to protect confidential communications made during the representation.

The work product doctrine protects materials prepared by an attorney in anticipation of litigation from disclosure unless the opposing party shows:

Answer: Substantial need and inability to obtain the equivalent without undue hardship

To overcome work product protection, the opposing party must demonstrate substantial need for the materials and that they cannot obtain their equivalent through other means without undue hardship.

Under FRE 702, expert testimony is admissible if the expert's opinion is based on:

Answer: Sufficient facts, reliable methodology, and reliable application of the methodology to the facts

FRE 702 (post-Daubert) requires that expert testimony rest on sufficient facts or data, be based on reliable principles and methods, and reflect a reliable application of those methods to the case facts.

A dying declaration is admissible as a hearsay exception in a homicide case if:

Answer: The declarant believed death was imminent and the statement concerned the cause or circumstances of the impending death

Under FRE 804(b)(2), a dying declaration requires the declarant to have believed death was imminent and the statement must concern the cause or circumstances of the believed-to-be-imminent death.

Under Massachusetts law, illegally obtained evidence in a criminal case may be suppressed under:

Answer: Article 14 of the Massachusetts Declaration of Rights, which may provide broader suppression than federal law

Massachusetts Article 14 provides an independent state ground for suppressing illegally obtained evidence and has been interpreted to afford broader protection than the federal Fourth Amendment in some circumstances.