Evidence Flashcards

What is relevance in evidence law?

Answer: Evidence that has any tendency to make a material fact more or less probable

Relevant evidence is any evidence that has a tendency to make a fact of consequence to the case more or less probable than it would be without the evidence.

What is the hearsay rule?

Answer: Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.

What is the best evidence rule?

Answer: Original documents must be produced to prove their contents unless an exception applies

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.

When may character evidence be used to prove conduct?

Answer: In criminal cases, the defendant may offer evidence of pertinent good character traits

In criminal cases, the defendant may offer evidence of relevant good character traits. The prosecution cannot initiate character evidence but may rebut once the defendant opens the door.

What are prior inconsistent statements used for?

Answer: To impeach a witness's credibility by showing contradictory earlier statements

Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.

What privilege protects spousal communications?

Answer: Confidential communications between spouses during marriage are privileged and cannot be compelled

The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.