Evidence Flashcards

The marital communications privilege protects confidential communications made during marriage; in New Jersey, either spouse may assert this privilege in which proceedings?

Answer: Both civil and criminal proceedings

NJ's marital communications privilege applies in both civil and criminal proceedings to confidential communications made during a valid marriage.

Under NJ Rules of Evidence, subsequent remedial measures are generally inadmissible to prove which fact?

Answer: Negligence or culpable conduct in connection with the event

N.J.R.E. 407 bars evidence of post-accident remedial measures to prove negligence, but allows it for issues like feasibility, control, or impeachment.

A prior consistent statement of a witness is admissible to rebut a charge of recent fabrication when the statement was made when?

Answer: Before the alleged motive to fabricate arose

Under FRE 801(d)(1)(B), a prior consistent statement is non-hearsay and admissible only if made before the alleged fabrication motive arose.

The present sense impression hearsay exception covers a statement describing or explaining an event made when?

Answer: While perceiving the event or immediately thereafter

FRE 803(1) admits present sense impressions — statements made while perceiving an event or immediately after — for their contemporaneous reliability.

Evidence of a party's offer to pay medical expenses is inadmissible to prove what, under FRE 409?

Answer: Liability for the injury

FRE 409 excludes offers to pay medical expenses from evidence of liability to encourage humanitarian assistance without fear of creating admissions.

Under the Confrontation Clause as interpreted in Crawford v. Washington, which type of out-of-court statement cannot be used against a criminal defendant without opportunity for cross-examination?

Answer: Testimonial statements

Crawford holds that testimonial out-of-court statements are barred unless the declarant is available for cross-examination.