Evidence Rules Flashcards

In New York, which of the following best describes the 'opening the door' doctrine?

Answer: A party may introduce otherwise inadmissible evidence to rebut evidence introduced by the opposing party

The 'opening the door' doctrine allows a party to introduce evidence that would otherwise be inadmissible in order to rebut or explain evidence introduced by the opposing party.

Under New York law, which of the following statements about judicial notice is correct?

Answer: In a criminal case, the jury is not required to accept judicially noticed facts as conclusive

In a criminal case, while a court may instruct the jury on judicially noticed facts, the jury retains the right to reject those facts to protect the defendant's constitutional right to jury trial.

A deposition transcript from a prior proceeding is offered in a New York civil trial because the witness has since died. This use of the deposition is:

Answer: Admissible as former testimony if the party against whom it is offered had an opportunity to cross-examine

A deposition of a person who has died may be used by any party for any purpose (CPLR 3117(a)(3)(i)). Under the common-law former-testimony exception, the testimony is also admissible against a party who had an opportunity and similar motive to cross-examine at the prior proceeding.

Under New York law, the best evidence rule requires that:

Answer: To prove the contents of a writing, the original must be produced unless an exception applies

The best evidence rule (original document rule) requires production of the original writing to prove its contents, unless an exception such as loss, destruction, or unavailability applies.

In New York, which of the following is an example of adoptive admission?

Answer: A party remains silent in the face of an accusation when a response would be natural

An adoptive admission occurs when a party hears an accusation and fails to deny it under circumstances where a denial would be expected, thereby implicitly adopting the statement.

Under New York law, which doctrine bars introduction of evidence of subsequent remedial measures to prove negligence?

Answer: The subsequent remedial measures doctrine

The subsequent remedial measures doctrine bars evidence of post-accident repairs or changes to prove prior negligence, encouraging parties to make safety improvements.

A witness is called to testify about the contents of a contract, but the original contract has been destroyed in a fire. A certified copy is offered instead. Under New York law, this copy is:

Answer: Admissible under the secondary evidence rule when the original is unavailable

When an original document is unavailable due to destruction, New York law permits secondary evidence such as a certified copy to prove the document's contents.