What is the major rule at issue when a party wants to introduce evidence of facts that were stipulated by the parties?

In such instances, the 403 balance test is likely at issue. The court will determine whether probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, waste of time, misleading the jury.

When is lay witness testimony admissible and when it is not admissible?

Lay witness testimony is generally not admissible except when:

(1) the testimony is rationally based on first hand perception

And

(2) the testimony isn't based on specialized knowledge (technical, scientific, learned, etc).

And

(3) the testimony is relevant and helpful to the trier of fact

What is the definition of character evidence? Is character evidence admissible in civil cases?

Character evidence articulates a person's personal character, their disposition, and character evidence is generally not admissible in civil cases, unless character is directly at issue.

Define habit evidence.

Habit evidence articulates a person's normalized (regular) response to a given stimuli.

When is habit evidence admissible?

Habit evidence is admissible when . . .

(1) it is relevant

(2) it tends to prove that person conformed in a particular instance with their regular habit.

What are 4 common ways to attack a witness for lack of capacity to perceive accurately?

(1) Unintelligent (2) inaccurate memory (3) unable to comprehend (4) blind

What is an excited utterance exception?

A statement falls under the excited utterance exception when . . .

(1) the statement was related to or the result of a startling event

And

(2) the statement was made while the person was still under the excitement and or stress of said startling event.

What is the present sense impression hearsay exception?

The present sense impression exception applies when . . .

(1) the person's statement describes / explains / articulates an event, occurrence, or condition

And

(2) the declarant made the statement at or within a short time of their perception of that occurrence.

When will a court admit specific acts which would otherwise be improper character evidence?

Specific acts will be admissible if they are relevant for an independent purpose other than to demonstrate conduct in conformity such as

(1) Intent (2) Motive (3) Mistake (lack thereof) (4) Common plan / scheme (5) Identity

When is the 6th amendment confrontation clause violated?

(1) when the evidence is used in a criminal case

(2) against the defendant

(3) the declarant is NOT available for cross examination

(4) and the evidence is testimonial.

When is a statement testimonial?

When statement was made in an official capacity in preparation for prosecution.

A statement made during a police interrogation is testimonial in nature.

When is a statement NOT testimonial, even when said to emergency personnel such as firefighter, 911 operator, or police officer?

If the primary purpose of a statement is made to emergency personnel to assist during an ongoing emergency, it is not considered to be testimonial.

If a person makes an out of court identification of a person, what fact makes any hearsay problem go away very easily?

If the person is available, testifies in court, and can be cross examined by the opposing party, there is no hearsay problem.

What are the elements necessary for a statement against interest exception?

(1) made against penal, monetary, pecuniary, etc., interest

(2) based on personal knowledge

(3) the declarant was aware that the statement was contrary to their own interests.

Are police reports admissible in civil cases?

They are often admissible via the public records exception.

Are police reports admissible in civil cases?

In criminal cases, police reports are not admissible under the public records exception.