Evidence Flashcards

A party calls the opposing spouse to testify about a private conversation the couple had at home. The testifying spouse is willing to testify. Under Oregon law, which privilege applies?

Answer: The marital communications privilege, which either spouse may invoke to protect confidential marital communications

Oregon's marital communications privilege (OEC 505) protects confidential communications between spouses; either spouse may claim it to bar disclosure.

A judge is asked to take judicial notice that Portland, Oregon is a city in Multnomah County. Under OEC 201, the court:

Answer: Must instruct the jury that the noticed fact is conclusive in a civil case but rebuttable in a criminal case

Under OEC 201, in a civil case a judicially noticed fact is conclusive, but in a criminal case the court must instruct the jury that it may, but is not required to, accept the noticed fact.

A party seeks to authenticate a disputed signature on a will by having a non-expert witness compare it to a known exemplar. Under OEC 901, this method of authentication is:

Answer: Sufficient; triers of fact may compare handwriting samples to authenticate documents

OEC 901(b)(3) permits authentication by comparing a specimen to an authenticated exemplar, a comparison that may be made by the trier of fact or an expert.

A child victim of abuse, age six, is called as a witness. The defendant challenges the child's competency to testify. Under Oregon law, the court should:

Answer: Conduct a competency examination to determine whether the child understands the duty to tell the truth

While OEC 601 presumes all persons competent, a court may conduct a voir dire examination when competency is challenged, particularly for young child witnesses.

A defendant's expert witness is qualified in biomechanics and proposes to testify about the forces involved in a car crash. The opposing party argues the expert's report lacks peer-reviewed support. The court's role as gatekeeper under OEC 702 is to:

Answer: Evaluate whether the expert's principles and methods are reliable, considering factors including peer review

Under OEC 702, the court acts as gatekeeper and evaluates the reliability of the expert's methodology; peer review is one factor but not a mandatory requirement.

A witness is asked on cross-examination whether she was convicted of misdemeanor shoplifting five years ago. Misdemeanor shoplifting does not involve dishonesty. The opposing party objects. The court should:

Answer: Sustain; only felonies and misdemeanors involving dishonesty or false statement are admissible for impeachment under OEC 609

OEC 609 limits impeachment by prior conviction to felonies and to crimes involving dishonesty or false statement regardless of grade; ordinary misdemeanors not involving dishonesty are excluded.

An attorney seeks to offer a government agency's official report on highway accident statistics to prove the number of accidents on a particular road. Under OEC 803(8), public records and reports are admissible as:

Answer: A hearsay exception for public records setting forth factual findings from official investigations

OEC 803(8) provides a hearsay exception for public records and reports, including factual findings from official investigations, subject to trustworthiness requirements.