Evidence Flashcards

In an Oklahoma trial, a party asks the court to take judicial notice that Tulsa is located in Oklahoma. In a civil case, what instruction does the jury receive about a judicially noticed fact?

Answer: The jury must accept the noticed fact as conclusive

In civil cases the jury must be instructed to accept a judicially noticed fact as conclusive, unlike in criminal cases where acceptance is permissive.

A husband is charged with robbery in Oklahoma. The State calls his wife, who is willing to testify against him about events she observed during the marriage. The husband objects, invoking spousal privilege. What is the likely result?

Answer: She may testify, because the witness spouse holds the privilege not to testify and may waive it

The spousal testimonial privilege belongs to the witness spouse, who may choose to testify against the defendant spouse.

A client emails his lawyer asking for advice about structuring a legitimate land purchase, copying his accountant so the accountant can implement the tax plan the lawyer recommends. Is the email privileged?

Answer: Yes, because disclosure to an agent reasonably necessary to facilitate legal advice does not waive the privilege

Attorney-client privilege survives disclosure to third parties whose participation is reasonably necessary to facilitate the legal representation.

A party offers a photocopy of a signed contract. The opponent objects under the best evidence rule, though no genuine question about the original's authenticity is raised. How should the court rule?

Answer: Admit the copy, because a duplicate is admissible to the same extent as the original absent a genuine authenticity question or unfairness

Duplicates are admissible to the same extent as originals unless there is a genuine question about the original's authenticity or admission would be unfair.

To authenticate a phone call, a witness testifies she called the number listed for Acme Corp. and spoke with someone who answered "Acme Corporation" and discussed business reasonably transacted over the phone. Is the call authenticated?

Answer: Yes, calls to a listed business number about business reasonably transacted by phone are self-authenticating in effect under the telephone directory method

An outgoing call is authenticated by evidence the number was assigned to a business and the conversation related to business reasonably transacted over the telephone.

In a contract dispute, the defendant claims he never received the plaintiff's termination letter. The plaintiff testifies she properly addressed, stamped, and mailed it. What is the evidentiary effect?

Answer: A presumption of receipt arises, which the defendant may rebut with evidence of non-receipt

Proof of proper mailing creates a rebuttable presumption of receipt that shifts the burden of production, not persuasion, to the opponent.

A trial judge in Oklahoma must decide whether a proffered statement qualifies as an excited utterance, which turns on whether the declarant was still under stress. In making this preliminary determination, the judge:

Answer: Is not bound by the rules of evidence except those on privilege

When deciding preliminary questions of admissibility, the court is not bound by the evidence rules except those concerning privilege.