That he interviewed Ms. EVIDENCE EXAM QUESTION #1 The drugs are real evidence. Although it is hearsay, prosecution will argue that this is not offered to prove the truth of the matter asserted but only for demonstrative purposes to help the jurors, FRE 1002 states that when one is trying to prove the contents of a writing, recording or a photograph, the original must be offered. The prosecution offered into evidence the illegal drugs found in Davidson's car, and over an objection by Davidson, the court admitted the evidence. 4. The amendment conforms the language of the Rule to its original intent, which was to impose an absolute bar on extrinsic evidence only if the sole purpose for offering the evidence was to prove the witness character for veracity. Here it looks like it is being offered for propensity purpose that she is promiscuous and sexually loose. his twenties, with brown hair and that Ms. Business Associations & Corporations Study Aids, Federal Tax Practice and Procedure Study Aids, International Business Transactions Study Aids, Startups Venture Capital and Private Equity Study Aids, Trademark & Unfair Competition Study Aids, The Center for Computer Assisted Legal Instruction, Electronic Discovery and Digital Evidence in a Nutshell, Shira Scheindlin; Sedona Conference (Organization) Staff, Christopher B. Mueller; Laird C. Kirkpatrick, Paul F. Rothstein; Myrna S. Raeder; David Crump, Evidence Law: A Student's Guide to the Law of Evidence as Applied in American Trials (Hornbook), Roger C. Park; David P. Leonard; Aviva Orenstein; Steven H. Goldberg, High Court Case Summaries on Evidence Keyed to Fisher, High Court Case Summaries on Evidence Keyed to Mueller, High Court Case Summaries on Evidence Keyed to Park, Legalines on Evidence Keyed to Mueller, 7th, Kenneth S. Broun; George E. Dix; Edward J. Imwinkelried; David H. Kaye; Robert P. Mosteller; E. F. Roberts; John W. Strong; Eleanor Swift, Graham Lilly; Daniel Capra; Stephen Saltzburg, Sum and Substance Quick Review of Evidence, Barron's How to Prepare for the Multistate Bar Examination (MBE), The Multistate Bar Examination, February 23, 1972, https://guides.libraries.uc.edu/examstudy, Study Aids to Help in Understanding Evidence, Study Aids for Evidence Review & Exam Preparation, Available online via West Academic subscription, Available online via Wolters Kluwer Study Aids subscription, Available via Wolters Kluwer Study Aids subscription, http://www.ncbex.org/pdfviewer/?file=%2Fdmsdocument%2F26, available online via the West Academic subscription. The prosecution offered testimony from Yolanda about an alleged prior rape. Sometimes memory loss can be prior inconsistent statement if the memory loss is feigned. Somewhat recent. Evidence Exam Essay Question Number 1 (Sixty Minutes). Voice ID can be by personal knowledge (901(b)(1)), voice ID or distinctive characteristics (901(b)(4)). Since assault has its own legal significance it is not hearsay. This outline summarizes the Federal Rules of Evidence with references and contrasts to common law tradition. qualifies. Evidence Exam Importance of D's testimony -- Highly important, since we are arguing a he-said-she-said consent question in an attempted rape case. Here, the prosecution may be able to argue motive. For students who are concerned about the state rules of evidence, comments about traditional rules are made where appropriate. relevant circumstantial evidence as to the identity of the robber. Ask an Expert! Evidence Exam Centrality of credibility -- Very central, as above. Dirk pleaded not guilty and the case was tried before a jury. To access CALI Lessons, set up a username and password by going to CALI. It also analyzes the ebb and flow of Confrontation Clause jurisprudence. This was not an ex-parte or other pre-trial statement, so the only option left under Crawford is whether the declarant had a reasonable expectation that her statement would be used prosecutorially. Which this does because even if he's said they weren't his, they might be and if they were having drugs is a good reason to run from the cops. AV's statements describing what D did to her on the porch, using her for a shield, are probably contemporaneous enough to qualify under 803(1). cell plant had some previous contact with the US Attorney and it shows At the end of the section a suggested correct answer to the introductory problem is presented. Return to the Main Evidence Page. The first way is to argue that it's not being offered for the truth Dual relevance allows for contradiction by extrinsic evidence (though really this may just be a merits question). It is also relevant evidence, as Ds commission of one offense makes it more likely that he would do it again. This exception admits hearsay "related to" a startling event or condition, so long as the declarant is still under the "stress of excitement." This study aid provides flow charts, capsule summaries, exam tips, short answer exam questions, multiple choice questions, and essay questions with model answers. Prior to presentation of the rule of evidence under consideration and a textual explanation of its operation, this work ordinarily presents a problem. Each problem is designed to present a comprehensive hypothetical factual situation as it would arise in practice. 2) Statement to Fiona. To authenticate, we have a couple of options. Every question comes with a fully explained answer, and each question is cross-referenced back to the main outline for further review. How should the court rule? The problem here is that at a grand jury proceeding, the defendant is not even present so under 804(b)(1) it is not admissible. Hearsay exceptions: (a) scream/statement; (b) Q's grand jury testimony. Here, D would probably be allowed to bring this evidence in in order to present a "complete defense." Crawford v. Washington stated that if the statement is testimonial the statement is excluded unless the declarant is unavailable and there was a prior opportunity to cross examine. bank and pointed a gun at an adjacent teller. Evidence Exam Subsequent History -- Unknown. He advised defendant of his prior conviction is w/in the past ten years not open door here evidence! Is accused of an area of law -- i.e firmly rooted '' and automatically the. Words found throughout the cases statement must have it 's a rape case evidence. 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