NYLE Evidence questions with
complete solutions passed
Courts must take judicial notice of, without request, of: - correct answer ✔✔ 1.the common law,
constitutions and public statutes of the Us and every jurisdiction within it.
2.the official compilation of NY codes, rules and regulations (NYCRR)
3. local laws and county acts within NY.
A. Courts have discretion to take judicial notice of, on its own motion, of:
B. The courts must take judicial notice of these same things if: - correct answer ✔✔ private acts
and resolutions of US congress and NYS legislature, and ordinances and regulations of agencies
(unless in the NYCRR) or governmental subdivisions or the laws of foreign countries.
--
a party requests it, gives the court sufficient info to be able to comply with the request and has
given each adverse party proper notice.
New York limits judicial notice of facts to those that are: - correct answer ✔✔ - of such common
knowledge in the community where the court sits that they cannot reasonably be the subject of
dispute, or
-capable of accurate and ready determination by resort to sources whose accuracy cannot be
reasonably questioned, or
-contained in undisputed records of the court.
What is the general rule for character evidence? - correct answer ✔✔ Generally, evidence of a
person's character is inadmissible for the purpose of proving that the person acted in
conformity with that trait or had the propensity to do so.
, In a civil case, evidence of a persons good character may be admitted only after: - correct
answer ✔✔ the person's good character has been directly called into question by evidence of
bad character.
When character evidence is admissible, proof of it may generally only be by testimony about: -
correct answer ✔✔ his or her general reputation in the community. Testimony from a person
who knows the D personally and has 1st hand knowledge of his/her character is inadmissible!
Exception to the exclusion of character evidence: Character is an essential element of a crime,
claim, defense - correct answer ✔✔ - when character is an essential element of a crime, claim,
defense. Can be shown by reputation testimony and proof of specific acts.
Exception to character evidence in criminal proceedings: - correct answer ✔✔ -D can call a
witness to offer evidence of the Ds good character to show that it is unlikely the D committed
the offense charged.
-Must be reputation evidence and must relate to character traits involved in the crime charged.
-If D does so, prosecution can offer testimony in rebuttal that the Ds reputation with respect to
the relevant character trait is bad.
-Pros can also independently prove any previous conviction of the D which tends to negate the
character trait in issue.
-Pros can cross examine Ds witness who offered good character evidence, and ask whether the
witness has heard that the D had been convicted of a crime or engage in conduct that is
inconsistent with that reputation. This inquiry can't be used to prove truth of such criminal
conduct, only to test witness's ability to accurately reflect on Ds reputation within the
community. the Pros must act in GF.
Evidence of prior uncharged crimes is inadmissible to prove propensity to commit the crime
charged but may be admitted under certain circumstances where probative value outweighs
prejudicial effect.
Evidence of uncharged but similar crimes is therefore admissible to establish, for example: -
correct answer ✔✔ - motive
complete solutions passed
Courts must take judicial notice of, without request, of: - correct answer ✔✔ 1.the common law,
constitutions and public statutes of the Us and every jurisdiction within it.
2.the official compilation of NY codes, rules and regulations (NYCRR)
3. local laws and county acts within NY.
A. Courts have discretion to take judicial notice of, on its own motion, of:
B. The courts must take judicial notice of these same things if: - correct answer ✔✔ private acts
and resolutions of US congress and NYS legislature, and ordinances and regulations of agencies
(unless in the NYCRR) or governmental subdivisions or the laws of foreign countries.
--
a party requests it, gives the court sufficient info to be able to comply with the request and has
given each adverse party proper notice.
New York limits judicial notice of facts to those that are: - correct answer ✔✔ - of such common
knowledge in the community where the court sits that they cannot reasonably be the subject of
dispute, or
-capable of accurate and ready determination by resort to sources whose accuracy cannot be
reasonably questioned, or
-contained in undisputed records of the court.
What is the general rule for character evidence? - correct answer ✔✔ Generally, evidence of a
person's character is inadmissible for the purpose of proving that the person acted in
conformity with that trait or had the propensity to do so.
, In a civil case, evidence of a persons good character may be admitted only after: - correct
answer ✔✔ the person's good character has been directly called into question by evidence of
bad character.
When character evidence is admissible, proof of it may generally only be by testimony about: -
correct answer ✔✔ his or her general reputation in the community. Testimony from a person
who knows the D personally and has 1st hand knowledge of his/her character is inadmissible!
Exception to the exclusion of character evidence: Character is an essential element of a crime,
claim, defense - correct answer ✔✔ - when character is an essential element of a crime, claim,
defense. Can be shown by reputation testimony and proof of specific acts.
Exception to character evidence in criminal proceedings: - correct answer ✔✔ -D can call a
witness to offer evidence of the Ds good character to show that it is unlikely the D committed
the offense charged.
-Must be reputation evidence and must relate to character traits involved in the crime charged.
-If D does so, prosecution can offer testimony in rebuttal that the Ds reputation with respect to
the relevant character trait is bad.
-Pros can also independently prove any previous conviction of the D which tends to negate the
character trait in issue.
-Pros can cross examine Ds witness who offered good character evidence, and ask whether the
witness has heard that the D had been convicted of a crime or engage in conduct that is
inconsistent with that reputation. This inquiry can't be used to prove truth of such criminal
conduct, only to test witness's ability to accurately reflect on Ds reputation within the
community. the Pros must act in GF.
Evidence of prior uncharged crimes is inadmissible to prove propensity to commit the crime
charged but may be admitted under certain circumstances where probative value outweighs
prejudicial effect.
Evidence of uncharged but similar crimes is therefore admissible to establish, for example: -
correct answer ✔✔ - motive
