美国纽约州律师资格考试复习笔记证据法

Evidence 1 EVIDENCE (33 QS) Issues identified in practice:  Judicial notice: 司法认知  generally known in the jurisdiction or capable of ready and accurate determination;  in civil case, conclusively established (mandatory) ; and, in criminal, may be taken by jury (discretionary)  Impeachment by character for untruthfulness (reputation/opinion, bad act, prior conviction) rehabilitation  In civil fraud case, prior fraud is permitted either for character evidence (??) or for proving intent  Business records: judge may exclude business records if (i) source of information lacks truthfulness, (ii) no first-hand knowledge, (iii) purposed to prove what happened or not (for potential litigation) (note: this item (iii) is okay in NY)  Dying declaration: in criminal case, victim must die because dying declaration is admissible only in homicide case (if victim is not dead, no homicide case). Watch for attempted mu rder Mini Review: 1. Character evidence  Criminal case: (1) Prosecutor can’t introduce bad character for the purpose of proving action in conformity with character; (2) D is allowed to introduce good character to prove he acted in conformity with good character; (3) If D provided good character evidence, Prosecutor is allowed to show bad character evidence (reputation and opinion) and cross-examination of character witness by means of intrinsic evidence of “specific act” (4) Evidence of other crimes are inadmissible for conformity purpose, but likely admissible for MIMIC purpose; (5) If D takes the stand, P may impeach D with character evidence of untruthfulness.  Civil case: (1) You can’t introduce character evidence to show conformity; (2) Character evidence may be introduced for...