Shared Flashcard Set

Details

Evidence
List
7
Law
Graduate
12/12/2011

Additional Law Flashcards

 


 

Cards

Term
When is Character an Issue?
Definition
  • Essental element of charge, claim or defence (civil/criminal).
  • Defamation
  • Negligent entrustment
  • Child custody
  • Insanity defense
  • Entrapment (that D was predesposed to commit)
  • Wrongful death (character of decedend) 
  • Selfdefense (if told M had violent tempter-reason to react in the way you did)
Term

5 ways to impeach?

Definition

1. Bais or Conficting interest (Barry Bonds)

2. Prior inconsistent statements

3. Bad Character, especially for dishonesty

          a. Prior Convictions

          b. Bad acts not amounting to a conviction

          c. Bad Reputation

4. Sensory Defenciencies (eyesight, memory, mental)

5. Contradiction

 

Term
608 What do you need to lay Reputation Foundation?
Definition

1. Acquaintance with

    A. Witness

    B. Community of witness

    C. Social Circles in which has moved  

2. Not be too removed (time)

Term
608 What are the 2 things you need for Opinion Foundation?
Definition

1. Sufficient factual basis for  opinion (i.e. contact)

 

2. More that "conclusory"

Term
What are the 5 limitations on 608b?
Definition

1. Only about truthfulness.

2. No extrinsic evidence to show witnesses lying.

3. Court's discretion 403

4. Good Faith basis for question

5. Judge can protect witness from harassment

Term
What are the 5 (609) factors if accused is witness?
Definition

1. Impeachment value (not allow violent)

2. Time of Conviction/Sub History (reformed/Rehabilitated)

3. Similarity in crimes

4. Importance of Def. Testimony (defense)

5. Centrality of credibility (prosecution)

Supporting users have an ad free experience!