Evidence Flashcards

Lay witness opinion testimony is admissible under FRE 701 only if it is rationally based on the witness's perception, helpful to the trier of fact, and what?

Answer: Not based on specialized knowledge within the scope of expert testimony

FRE 701 limits lay opinions to those rationally based on perception, helpful to the fact-finder, and not requiring expert-level specialized knowledge.

A statement against interest is admissible as a hearsay exception when the declarant is unavailable and the statement was against the declarant's what at the time made?

Answer: Penal, pecuniary, or proprietary interests

FRE 804(b)(3) admits statements against penal, pecuniary, or proprietary interest when the declarant is unavailable, because self-inculpatory statements are inherently reliable.

Judicial notice under FRE 201 allows a court to accept a fact without formal proof when the fact is capable of accurate and ready determination from what?

Answer: Sources whose accuracy cannot reasonably be questioned

Judicial notice is proper for adjudicative facts that are commonly known in the jurisdiction or verifiable from indisputably accurate sources.

Impeachment of a witness with a prior felony conviction under FRE 609 requires balancing probative value against unfair prejudice when the witness is whom?

Answer: A criminal defendant testifying in their own defense

Under FRE 609(a)(1)(B), prior felony convictions offered against a testifying criminal defendant require that probative value outweigh the risk of unfair prejudice.

The physician-patient privilege in New Jersey can be waived when the patient does what?

Answer: Places their medical condition at issue in litigation

NJ's physician-patient privilege can be waived when the patient places their physical or mental condition directly at issue in a civil proceeding.

Authentication of a document under FRE 901 requires the proponent to produce evidence sufficient to support a finding that what?

Answer: The item is what the proponent claims it to be

FRE 901(a) requires only sufficient evidence for a reasonable juror to find the item is what its proponent claims — a low threshold.