NYLE Evidence questions with verified answers
2 part inquiry in criminal proceeding to determine the admissibility of evidence of
a Ds uncharged crimes or prior bad acts: Ans✓✓-1. Proponent must ID some
material issue to which the evidence is relevant
2. court must weigh the probative value of the evidence against its potential for
delay, surprise and prejudice.
A party can't impeach its own witness for prior inconsistent statements except:
Ans✓✓-- in a civil proceeding a party may do so if the statement was made under
other or in a writing signed by the witness.
-in a criminal proceeding can do so with an under oath statement or signed
writing where the prior statement contradicts the testimony of the witness on a
material issue which tends to disprove the position of the party.Such evidence
only can be used to impeach witness's credibility respecting his testimony on the
subject.
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: Ans✓✓-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.
An expert can rely on out of court material if: Ans✓✓-the material is of a kind
accepted in the expert's profession as reliable in forming a professional opinion,
, providing there is evidence establishing its reliability, OR if its an out of court
statement made by a witness subject to full cross-exam.
In criminal cases, Ds right of confrontation of witnesses against him precludes
expert from testifying on direct exam the contents of a statement made by a
declarant who is unavailable for cross exam.
Compentency of witness who has been convicted of a crime Ans✓✓-Conviction
of a crime doesn't render witness incompetent.
BUT can use witnesses convictions on cross-exam to impeach his/ her credibility.
Competency of a spouse to testify against the other spouse: Ans✓✓-One spouse
is competent to testify against other, witness spouse isn't excluded or excused
from testifying about matters that might be damaging to the party-spouse.
*BUT spouses can invoke a privilege for confidential communication in any type of
proceeding.
Courts must take judicial notice of, without request, of: Ans✓✓-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.
Evidence of Habit of a person or routine practice of an org. may be admitted in a
civil action to establish: Ans✓✓-that the person or org acted in conformity with
that habit on a particular occasion.
2 part inquiry in criminal proceeding to determine the admissibility of evidence of
a Ds uncharged crimes or prior bad acts: Ans✓✓-1. Proponent must ID some
material issue to which the evidence is relevant
2. court must weigh the probative value of the evidence against its potential for
delay, surprise and prejudice.
A party can't impeach its own witness for prior inconsistent statements except:
Ans✓✓-- in a civil proceeding a party may do so if the statement was made under
other or in a writing signed by the witness.
-in a criminal proceeding can do so with an under oath statement or signed
writing where the prior statement contradicts the testimony of the witness on a
material issue which tends to disprove the position of the party.Such evidence
only can be used to impeach witness's credibility respecting his testimony on the
subject.
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: Ans✓✓-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.
An expert can rely on out of court material if: Ans✓✓-the material is of a kind
accepted in the expert's profession as reliable in forming a professional opinion,
, providing there is evidence establishing its reliability, OR if its an out of court
statement made by a witness subject to full cross-exam.
In criminal cases, Ds right of confrontation of witnesses against him precludes
expert from testifying on direct exam the contents of a statement made by a
declarant who is unavailable for cross exam.
Compentency of witness who has been convicted of a crime Ans✓✓-Conviction
of a crime doesn't render witness incompetent.
BUT can use witnesses convictions on cross-exam to impeach his/ her credibility.
Competency of a spouse to testify against the other spouse: Ans✓✓-One spouse
is competent to testify against other, witness spouse isn't excluded or excused
from testifying about matters that might be damaging to the party-spouse.
*BUT spouses can invoke a privilege for confidential communication in any type of
proceeding.
Courts must take judicial notice of, without request, of: Ans✓✓-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.
Evidence of Habit of a person or routine practice of an org. may be admitted in a
civil action to establish: Ans✓✓-that the person or org acted in conformity with
that habit on a particular occasion.
