Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
26 Cards in this Set
- Front
- Back
The proof must be “highly probable” to establish the existence of C2LAM GA2P2
|
C – A Constructive trust (T CUP)
C – A CRL (covenant running with the land) L – A Lost will A – Actual malice in a defamation case M – Mutual mistake, reformation, or fraud G – Gift (AID) A – Adultery A – Adverse possession (EUNUCH) P – Provisional remedies (LIAR) P – Grounds to terminate Parental rights (MA & PA) |
|
Judicial notice is taken of indisputable facts when they are LMN
|
L – Legislative facts
M – Manifest facts that are easily and quickly verifiable by referring to an indisputably accurate source N – Notorious facts that are so commonly known within the court’s jurisdiction that it would waste the court’s time for a party to prove those facts |
|
A judge doesn’t have to admit C-MUPIT evidence
|
C – Needlessly-presented Cumulative evidence to prove facts already established
M –Evidence Misleading or confusing to the jury U – Evidence that would cause Undue delay (too time consuming) P – Evidence that would have an “Unfair” Prejudicial effect on the jury I – Evidence that would result in the confusion of Issues T – Evidence that would cause an undue expenditure of Time |
|
Admit a RED habit in NY negligence cases where
|
R – It was the party’s repetitive, regular, Routine response
E – The party was in complete and Exclusive control of the circumstances; AND D – The routine act was Deliberate |
|
OPENS is closed out, even though it’s relevant
|
O – Offers of compromise (in civil cases)
P – Evidence protected by Privilege E – Evidence pertaining to the Existence of liability insurance in a personal injury case N – A criminal defendant’s admissions in unsuccessful plea bargain Negotiations S – Evidence of Subsequent remedial repairs after an accident (in civil cases) |
|
A witness must PURR before she can testify
|
P – Personally perceived the event
U – Understand and take the oath or affirmation R – Remember the event R – Be able to Recall the event on stand |
|
A witness can be impeached with prior convictions, as well as prior VIC acts for which
she was not convicted |
V – Vicious acts
I – Immoral acts C – Criminal acts |
|
The 4 “PRIORS” aren’t hearsay provided the declarant testifies
|
1 – Prior recorded recollection
2 – Prior out-of-court identification 3 – Prior consistent statement 4 – Prior inconsistent statement that was given under oath, subject to penalty of perjury, at a prior trial, hearing, or EBT |
|
Diversity jurisdiction requires federal courts to use state rules for PIPS
|
P – Privileges
I – Incompetency of witnesses P – Presumptions and inferences S – State SOL |
|
For NOW, the Dead Man’s Statute is set aside (NY exceptions)
|
N – In a Negligence action involving a car, boat, or plane (general facts and results of
accident) O – When estate offers evidence/“Opens the door” or questions an interested W about transactions or conversations with a dead person W – If an estate fails to timely object at trial, it Waives the right to object based on DMS |
|
NON FLIPS are self-authenticating documents
|
N – Newspapers and periodicals
O – Official publications issued by public authority N – Notarized/acknowledged documents (except wills), where the signer appeared before a notary, swore to truth of its content, and acknowledged execution F – Foreign public records, if the custodian’s signature is certified by the US Embassy L – Products identifiable by Label, tag, or trademark affixed in the reg course of business I – Negotiable Instruments and commercial paper P – Copies of Public documents or records, certified by the clerk of the agency or court that oversaw its custody S – Documents with a government Seal |
|
An original document may be replaced by A DOPE when
|
A – Its content was judicially Admitted by party against whom it’s being offered
D – The document has been Destroyed or lost O – The original is Outside the court’s subpoena jurisdiction P – Public record E – The original is under the Exclusive possession of the opposing party |
|
Reliable expert testimony can be given in a black CRAPE
|
C – Confirmed by testing
R – Reviewed by peers A – Widely Accepted theory in the profession P – Whether Published E – Potential Rate of Error |
|
To rebut an inference, a party can show that a missing witness was UCC
|
U – Unavailable
C – Not under the party’s Control C – The missing witness’s testimony would only be Cumulative |
|
The source for federal privileges are in the 3Cs
|
C – The Constitution
C – Acts of Congress C – Federal Common law |
|
Confidential privileges are SIR P CHAMP
|
S – Certified Social Worker privilege
I – Privilege against Self-Incrimination (under the 5th & 14th amendments) R – Rape crisis counselor’s privilege (NY, not in Federal Courts) P – Press privilege C – Clergy privilege H – Husband-wife privilege and spousal testimonial privilege A – Attorney-client privilege M – MD-patient privilege P – PhD/Psychologist privilege, which NY protects in the same manner as AC privilege |
|
No leading questions on direct, unless the witness is HAIRY
|
H – Hostile, unwilling, or biased
A – An Adverse party I – Identified/associated with an adverse party R – Unable to Recall facts and so recollection needs refreshing Y – Very Young or old with a communication problem |
|
Use a CRIB PIC to impeach a witness
|
C – Impeachment by Contradiction
R – W’s bad Reputation in the community for truthfulness I – W’s prior VIC acts (vicious, Immoral, or criminal) B – W’s Bias P – W’s Prior inconsistent statement I – Influence of Drugs or Alcohol on W C – Prior Criminal convictions of W |
|
RIP character evidence is admissible when a W’s character or trait of character is an
essential element in a crime, civil claim, or defense |
R – Reputation
I – Specific Instances of prior conduct P – W’s Personal opinion |
|
A MIMIC can introduce prior crimes, on direct exam
|
M – To show D’s Motive for committing crime
I – To show D’s specific Intent or guilty knowledge M – To show absence of Mistake or accident I – To Identify D as perpetrator C – To establish a Common plan or scheme |
|
SIR admit you EAT2 DAMP and hearsay is admissible
|
S – Declarant’s existing State of mind
I – Present sense Impression R – Business Records E – Excited utterance A – Admission of a party opponent T – Former Testimony T – Witness Tampering (Intimidated Witness Rule) D – Dying declaration A – Declaration Against interest M – Miscellaneous residual hearsay exception P – Pedigree statements |
|
I declare P-DORM unavailable (and admit T-DAMP hearsay)
|
P – A party who invokes a Privilege
D – A party who is Dead or too sick to come to court O – A party Outside the court’s subpoena power R – A party who Refuses to testify, even when ordered to do so by the court M – A party who lacks Memory of the incident in question |
|
BRIBE K, and admit the listener’s state of mind
|
B – Belief
R – Reason I – Intent B – Bias E – Emotion K - Knowledge |
|
Offer the Business Records of Mr. TRUMP
|
T – Record must have been Timely made “at or near” the time of the matter recorded
R – It must have been the habitual, Routine, regular practice of that business to systematically make and keep such a record U – Out-of-court declarant must have been Under a duty to supply information for the record, unless the statement falls into another hearsay exception, in which case the statement would be admitted, provided the other 4 TRUMP elements are satisfied (“hearsay w/in hearsay”) M – The record was Made and the info was kept as part of the regular practice of that business; AND P – Business records must identify the source of the info, and the person supplying info for the record must have had Personal knowledge of the matter recorded |
|
Declarations against interest require PUMP
|
P – that the OOC declarant knowingly made statement against declarant’s own
3P interest: P – Penal interest P – Pecuniary interest ($) P – Proprietary interest U – that the OOC declaration was made by person who is P DORM Unavailable at trial M – that when the declaration was made, the declarant had no Motive to misrepresent the facts; AND P – that the declarant had Personal knowledge of facts asserted |
|
When non-testimonial hearsay is admissible against the criminal defendant, it’s BAD
|
B – Business records
A – Admission by co-conspirator made during and in furtherance of the conspiracy D – Dying declaration |