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Illinois Evidence
| Question | Answer |
|---|---|
| objections | 1) timing- as soon as attny reas knows grounds 2) must state precise legal ground, unless obvious |
| Preliminary Questions of fact | hearsay may be considered except in IL (where no admissible evidence may be considered) |
| Judicial Notice Definition | court accepts matters as true without formal proof |
| Judicially Notice facts must not be | subject to reas. dispute, bc they are either generally known w/in court's jurisdiction or capable of determination by reas. accurate sources |
| A court must take judicial notice if | requested and supplied with the necessary information |
| When judicial noticed facts are admitted, | no contrary evidence is permitted on those facts |
| Jury Instructions as to Judicially Noticed Facts- Criminal Trial | Jury may but is not required to accept as conclusive |
| Jury Instructions as to Judicially Noticed Facts- Civil Trial | Jury must accept as conclusive |
| Burden of Proof in a Criminal Cases | accused must be proven of each element and the absence of mitigating factors beyond a reasonable doubt |
| Effect of Presumptions (non conclusive) | shift burden to opposing party to disprove. if disproven, the presumption disappears. |
| Effect of Conclusive Presumptions | treated as substantive rule of law |
| Relevancy Definition | evidence tending to make a fact's existence more or less probable than not |
| all relevant evidence is admissible except | where probative value is outweighed by unfair prejudice, confusion, or waste of time. |
| Inconsistent Character Traits | an accused may introduce evidence of his inconsistent character traits with the crime and the prosecution may rebut |
| Evidence of V's Character | an accused may introduce evidence of V's character if relevant to V's defense. if evidence is testimony, prosecution may cross examine and introduce its own witnesses |
| Specific Acts are admissible if | an essential element of charge, claim, or defense |
| MIMIC evidence | pros. may introduce circumstantial evid of other crimes wrongs, or acts to prove MIMIK (motive, intent, mistake, identity, or knowledge) |
| MIMIK | motive, intent, mistake, identity, or knowledge |
| Habit Evidence applies to | routine of person/organization |
| definition of habit | invariable pattern of behavior |
| Habit Evidence is admissible to show | conduct in conformity |
| Subsequent Remedial measures are inadmissible to show | negligence, culpable conduct, product defects, need for warning or instruction. |
| Subsequent Remedial Measures are admissible to show | ownership, control, feasibility of precautions, or for impeachment. |
| Compromise Offers are inadmissible to prove | validity or amount of claim |
| Compromise Offers are admissible to prove | bias, prejudice,negating undue delay, effort to obstruct justice |
| Plea bargain negotiations are | inadmissible |
| Evidence of V's sexual misconduct is inadmissible in a civl or crim. case to show | V engaged in sexual behavior or had a sexual predisposition |
| 3 exceptions to evidence of V's sexual misconduct- criminal cases | 1) specific instances to show person other than D was source of pays. evidence, 2) specific instances w/ D to prove V's consent (IL this is the only exception allowed, 3) if exclusion would violate D's const. rights |
| In criminal/civil cases of V's sexual abuse, etc. , if V uses consent as a defense | evidence of V's mental incapacity is admissible to prove no consent |
| Attny Client Privilege Definition | client has priv. to prevent disclosure of confid. communications made for the purposes of rendering legal services to client. client must have reas. belief that person was attny |
| Attny- Client Priv doesnt apply to (2 exceptions) | 1) furtherance of crime or fraud (except in IL will apply if C didnt know and consulted attny in good faith) or 2) doesnt apply to preexisting documents solely on basis that they were given to attny |
| Phys/Psychotherapist- Pt Priv. | Pt has priv. to prevent disclosure of confid. communications made for the purposes of diagnosis or treatment. applies to phys. and mental conditions. |
| Phys/Psycho.- Pt Priv. - presence of 3d parties does not destroy confidentiality IF | 1) they're participants, or 2) there to further Pt's interests |
| Phys/Psycho-Pt Priv does apply to (2 exceptions) | 1) examinations made during/in preparation of litigation (except phys's observations) and 2) if P placed his mental/phys condition at issue |
| Spousal Privilege- Testimony Privilege | either spouse in criminal cases can prohibit the testimony of the other |
| Spousal Communications Privilege | protects confidential communications made during a legally valid marriage (in civ & crim cases). |
| Spousal Privilege Exceptions (applies to both testimony & communication) | admissible if in furtherance of crime/fraud or destructive of family unit |
| Self Incriminating Statements only applies to | testimonial evidence, not physical evidence |
| An accused does not waive his right against Self-Incrimination if he | testifies at a preliminary hearing |
| Automobile Crash Report Privilege | results of tests administered pursuant to an accident are not confidential and are admissible |
| A lay witness may only testify about | matters to which he has personal knowledge |
| A lay witness's opinion testimony must be rationally based on | witness's perception, or helpful to understand the testimony or determine a fact at issue. can't be based on specialized testimony of the type given by experts |
| Experts qualified by skill or training may testify in the form of opinion or otherwise if | 1) based on sufficient facts or data, 2) product of reliable principles and methods, & 3) applied reliably to facts of the case |
| Experts may base opinions on information made known | at or before a hearing |
| Experts can rely on inadmissible evidence if it's | of the type typically relied on by experts in his field. |
| experts may be cross examined as to | qualifications, basis of opinion, and compensation |
| A juror may testify as to_______ but not to_______ | whether extraneous prejudicial info was brought to jury's attention but may not testify as to manner in which jury reached its decision |
| Every witness is competent unless | incompetent under state law or can't understand that he must tell the truth, or is a judge or juror |
| Opinion on Ultimate Issue | experts and lay witnesses can testify as to the ultimate issue. Exception- expert testifying in crime trial as to whether D possessed mental state that is element/defense to crime. |
| The credibility of a witness may be attacked by | any party including the party calling the witness |
| If a witness's credibility for truthfulness is attacked, | evidence of his truthfulness may be introduced via opinion or reputation evidence |
| specific instances of non-criminal conduct concerning a witness's truthfulness: | may be inquired to on cross-examination, but no extrinsic evidence may be introduced |
| Evidence of past crimes may be used to | undermine a witness's credibility |
| A court MUST admit any convictions: | involving dishonesty or false statement occurring within 10 yrs as long as they satisfy the 403 balancing test. |
| A court MAY admit any convictions: | involving dishonesty or false statements older than 10 yrs if it satisfies 403 |
| A court MAY admit recent conviction of a witness: | for nonfraud punishable by at least 1 yr prisonment unless it doesnt satisfy 403. |
| Cross examination of witnesses is limited to | the subject matter of direct and questions pertaining to the witness's credibility. |
| Leading questions should only be used on_____ examination | cross-examination. may only be used on direct to jog a witness's memory |
| Refreshing Recollection | if witness has some knowledge but memory is incomplete, he can have memory refreshed and then testify. hearsay and admissibility of writings are inapplicable. |
| Prior Inconsistent Statements are only admissible to impeach unless | 1) given under oath or 2) an exception to the hearsay rule |
| Prior Inconsistent statements need not________ to the witness | be disclosed |
| Extrinsic Evidence of Prior Inconsistent Statements is inadmissible unless | witness had opportunity to explain or deny and opposing party has an opportunity to cross examine. |
| Exclusion of Witnesses | either party can request witnesses to be excluded from hearing other witnesses' testimony |
| Hearsay | an out of court statement introduced to prove the truth of the matter asserted. |
| Define what constitutes a statement for hearsay purposes | oral, written statements. or nonverbal conduct if attended as an assertion |
| Exemptions from the Hearsay Rule | statements by opposing party, prior inconsistent statements, PIS sworn statements, prior identifications, adoptive statements |
| Prior inconsistent sworn statements | m/b under oath, subject to cross-examination. |
| Unsworn PIS are not hearsay when | offered to impeach |
| prior consistent statements are admissible to | rebut charge of recent fabrication, improper influence or motive. also admissible to rebut bias if statement occurred prior to reason for bias occurred. |
| Prior Out of Court Identifications | are only admissible if eyewitness is testifying at trial. |
| Statements by an opposing party- IL | evidence of silence is admissible if the silence is in response to a statement of fact |
| Adoptive statements | when a party remains silent when a statements is made, which eh would deny if it were false. |
| Vicarious statements | made by employee during employment concerning matter within scope of employment. is admissible against employer. (includes statements made by co-conspirators during course of conspiracy) |
| evidence that is for non-truth purposes | words of legal significance, verbal acts showing notice-knowledge-motive-good faith; statements to prove relevant attitude, belief, intent of either declarant or listener, statements offered to challenge credibility or show perjury |
| Excited Utterance | statement that is made under the stress of excitement. doesnt have to be spontaneous |
| Present Sense Impression | a spontaneous statement made while declarant perceived event or immediately thereafter |
| Statements of declarant's then existing _____________ are admissible to prove that condition | state of mind, emotion, sensation, or physical condition |
| Statements for medical treatment are admissible if | reasonably pertinent to medical diagnosis or treatment |
| Past Recollection Recorded | an accurate record made or adopted by witness while matter was fresh in memory is admissible if witness once had knowledge but now has insufficient recollection. |
| Business Records | records kept in the routine course of business are admissible. someone with personal knowledge must have created the record in the usual course of business. |
| business records are not applicable to records made | in preparation of litigation |
| business records can be used to prove the non-existence of | a matter by showing absence of info in records. exception- lack of trustworthiness |
| Public Records | admissible if set forth pursuant to a legal duty. can be used to prove the nonoccurrence of a matter, too |
| Learned Treatises | passages are admissible if established as reliable by an expert witness's testimony. may only be used if expert relied on it or it was called to his attention on cross-examination |
| Family records and ancient documents are | admissible |
| Declarant unavailable exceptions | former testimony, statement under belief of imminent death, statement against interest |
| Former Testimony | of witness, including given in a deposition, if there was an opportunity and similar motive to develop testimony by direct or cross examination |
| Statement under belief of imminent death | admissible in a homicide or civil proceeding if D made statement while believing death was imminent and concerning the cause or circumstances of his death. |
| Statement against interest | if statement was so far against declarant's interests that a reas. person would not have made the statement unless he believed it to be true. |
| exception to statement against interest | a statement tending to expose the declarant to criminal liability and to exculpate the accused is not admissible unless it's clearly trustworthy |
| residual exception | any statement not otherwise covered by a hearsay exception may be introduced if it has circumstantial guarantees of trustworthiness, is evidence of a material fact, is more probative than other evidence, interests of justice will be served AND notice |
| Confrontation Clause | prevents testimonial evidence in criminal cases where declarant is unvailable unless D had prior opport to cross examine the declarant |
| Authentication & Identification | authentication is met where foundation evid. such as direct identification, testimony, or circumstantial evidence is sufficient to support a finding that the evid. is authentic |
| Best Evidence Rule | requires original writings, recordings, or photographs where the contents of the writing are ata issue. |
| BER- a duplicate is admissible to the same extent as the original unless a | genuine question of fact is raised as to the original's authenticity or it would be unfair to admit the duplicate. |
| Exceptions to the BER | if all originals lost/destroyed, unless lost or destroyed in bad faith; no original can be obtained, party put on notice that original would be required and does not produce it, or not closely related to a controlling issue. |
| Summaries | may be used to prevnet voluminous writings, the original shall be avail to all parties. |
Created by:
srslaw87
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