Objections, judicial notice, and limited admissibility Bar Exam Flashcards - Medical Study Cards
Master Objections, judicial notice, and limited admissibility with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Objections, judicial notice, and limited admissibility Flashcard Deck - 8 Cards
Flashcard 1: What is an offer of proof, and when is it required?
Answer: An offer of proof informs the court of the substance and relevance of excluded evidence and preserves the issue for appellate review. It is required unless the substance of the evidence is apparent from the context or the court has otherwise made a clear ruling.
Flashcard 2: List the three high-yield points for controlling proof, as summarized in the lesson.
Answer: 1) Object timely and specifically; after exclusion, place the proposed evidence on the record unless its substance is apparent. 2) Notice only indisputable adjudicative facts, and separate the fact noticed from any inference drawn from it. 3) When evidence has one lawful use and one forbidden use, timely request restriction and a limiting instruction.
Flashcard 3: Name the three primary ways a court controls the presentation of proof, as discussed in the lesson.
Answer: The three primary ways are: 1) Objections and offers of proof, 2) Judicial notice, and 3) Limited admissibility.
Flashcard 4: When a witness uses a writing to refresh memory while testifying, what rights does the adverse party have?
Answer: The adverse party is entitled to have the writing produced, to inspect it, to cross-examine the witness about it, and to introduce into evidence any portion that relates to the witness's testimony.
Flashcard 5: Under the Federal Rules of Evidence, what three competency/eligibility checks commonly determine whether a person may testify in a trial?
Answer: The person must not be the presiding judge in that trial (FRE 605) or a juror in that trial (FRE 606), and must be able to make an oath or affirmation (FRE 603) and have personal knowledge of the matter (FRE 602). The third check contains two requirements; it is not a separate categorical class of witness.
Flashcard 6: Under federal rules, what are the primary requirements for a witness to be deemed competent to testify, regardless of age?
Answer: A witness must be able to take an oath or affirmation to testify truthfully and possess personal knowledge of the matter.
Flashcard 7: Name and briefly describe any two commonly tested methods for authenticating evidence under Federal Rule of Evidence 901(b).
Answer: Any two of the following are valid examples: 1. **Testimony of a witness with knowledge (FRE 901(b)(1)):** A witness testifies that an item is what it is claimed to be, based on personal knowledge. 2. **Nonexpert opinion about handwriting (FRE 901(b)(2)):** A nonexpert identifies handwriting based on familiarity acquired outside the current litigation. 3. **Comparison with an authenticated specimen (FRE 901(b)(3)):** The trier of fact or an expert compares the questioned item with a specimen that has been authenticated. 4. **Distinctive characteristics and surrounding circumstances (FRE 901(b)(4)):** The item’s appearance, contents, substance, internal patterns, or other distinctive characteristics, considered with the circumstances, support its authenticity. Rule 901(b) also illustrates additional methods, so these are not an exhaustive list.
Flashcard 8: What is the key difference between refreshing recollection and recorded recollection?
Answer: Refreshing recollection: an item is used to jog the witness’s memory; once memory is refreshed, the witness testifies from present recollection, and the refreshing item is not itself admitted merely for that purpose. Recorded recollection (FRE 803(5)): when the witness cannot recall sufficiently, a record the witness made or adopted when the matter was fresh and that accurately reflected their knowledge may be read into evidence; it may be received as an exhibit only if offered by an adverse party.
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