Evidence Flashcards

In a civil case, the court instructs the jury that it has taken judicial notice that the sun set at 7:42 p.m. on the date in question. What is the effect of this instruction?

Answer: The jury must accept the noticed fact as conclusive in a civil case

Under FRE 201(f), in a civil case the jury must be instructed to accept a judicially noticed fact as conclusive, whereas in a criminal case the jury may or may not accept it.

A defendant offers to pay the medical bills of a pedestrian he struck, saying, "I'm so sorry — I was texting while driving. Let me cover your hospital costs." At trial, what portion of the statement is admissible?

Answer: The admission about texting, but not the offer to pay medical expenses

FRE 409 excludes only the offer to pay medical expenses itself; unlike Rule 408, it does not protect accompanying statements of fault, which remain admissible as party admissions.

A witness with no legal training testifies, "The driver was drunk." The opponent moves to strike the testimony as improper opinion. What is the best ruling?

Answer: Overrule the objection if the opinion is rationally based on the witness's perception and helpful to the jury

Under FRE 701, lay opinion on matters like intoxication, speed, or emotional state is admissible if rationally based on the witness's perception, helpful, and not based on specialized knowledge.

The prosecution in a murder case offers a properly authenticated recording of a 911 call in which the victim, during an ongoing home invasion, identified the intruder. The victim died before trial. The defense raises a Confrontation Clause objection. What result?

Answer: Admissible, because statements made to resolve an ongoing emergency are non-testimonial

Under Davis v. Washington, statements made while police assistance is sought for an ongoing emergency are non-testimonial and do not implicate the Confrontation Clause.

A civil plaintiff must prove the defendant received a mailed notice. The plaintiff shows the notice was properly addressed, stamped, and mailed. The defendant denies receipt. What is the evidentiary effect of the plaintiff's showing?

Answer: It creates a rebuttable presumption of receipt, shifting the burden of production to the defendant

Proof of proper mailing raises a presumption of receipt, and under FRE 301 a presumption in a civil case shifts only the burden of production, not the burden of persuasion.

At a murder trial, the defendant claims self-defense and testifies the victim attacked first. The prosecution then offers evidence of the defendant's violent character. Is the prosecution's evidence admissible?

Answer: No, because the defendant only testified to facts, not character

Merely testifying that the victim attacked first presents facts of the event, not character evidence, so the defendant has not opened the door to prosecution evidence of his own violent character under FRE 404(a)(2).

A handwriting expert is asked to authenticate a threatening letter by comparing it to the defendant's known writing samples. Alternatively, a lay witness who is the defendant's longtime coworker offers to identify the handwriting. Which witness may authenticate the letter?

Answer: Either one, because both expert comparison and lay familiarity acquired before litigation are proper authentication methods

FRE 901(b) permits authentication by expert comparison with authenticated specimens or by a lay witness with familiarity not acquired for the current litigation.