Crim Law MBE

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  1. Judicial notice is permissible
    when it is indisputable and can be verified by scientific principles
  2. Judicial Notice criminal v. civil
    • Criminal: Prosecutor is not required to present any more evidence of the matter but the jury is not required to take notice of that evidence
    • Civil: the fact judicially noticed is conclusively established
  3. What can be used to refresh the recollection of the witness
  4. Refresh recollection - who can submit into evidence and who can object
    The opposing party, no one can object
  5. Character evidence
    • Criminal – prosecutor can’t show prior bad acts of defendant to show he acted in conformity with that character. Defendant is allowed to show character traits to show he acted in conformity (Reputation and opinion). If defendant opens the door, the prosecutor can rebut with reputation or opinion. Prior bad acts not admissible unless to show motive, intent, absence of mistake, common scheme or plan. If defendant testifies, character trait of honesty is automatically in question
    • Civil – can’t introduce character evidence to show they acted in the same way. Can use evidence to show negligent entrustment and defamation. When witness testifies they can be impeached
  6. Character evidence - Negligent entrustment
    Plaintiff can introduce that defendant didn’t exercise due care
  7. Evidence of character trait – defamation
    Allowed to show truth
  8. Impeachment
    • 1. Prior inconsistent statement
    • 2. Bias
    • 3. Prior criminal convictions
    • 4. Prior bad acts
    • 5. Reputation for untruthfulness
    • 6. Contradiction
  9. Extrinsic evidence – prior inconsistent statement
    Minor in comparison to evidence and witness must be given opportunity to explain before or after testimony
  10. Impeachment - Use of prior bad acts
    Only allowed on cross – evidence of prior bad acts no allowed
  11. Contradiction – extrinsic evidence minor points
    Not allowed
  12. Bolster Defendant in Criminal
    Allowed to show good character to establish his character
  13. Core definition of hearsay
    Statement offered by someone other than witness to prove the matter asserted
  14. Out of court statements that won’t meet hearsay
    • Verbal act – acceptance of an offer in a contract
    • Statement to show knowledge of listener when knowledge is relevant
    • Prior inconsistent statement to impeach
  15. Hearsay exceptions
    • 1. Present sense impression
    • 2. S
    • 3. State of mind
    • 4. Statements for medical treatment
    • 5. Recorded recollection
    • 6. Business records
    • 7. Former testimony
    • 8. Dying declaration
    • 9. Statement against interest
  16. Statements that are not hearsay
    • 1. Admission
    • 2. Prior inconsistent statement under oath
    • 3. Prior identification
  17. Out of court statement
    • Was it made by a party or an employee?
    • Is that evidence being offered by the opposing party
    • Is it relevant?
Card Set:
Crim Law MBE
2014-07-15 23:04:35
Criminal Law
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