PAR 202 In Class 4.docx

PAR 202 In Class 4 1. T F Evidentiary issues are questions of law. 2. T F If evidence is irrelevant, the evidence may still be admissible under special rules of relevancy. 3. T F All relevant evidence is admissible at trial. 4. T F Hearsay evidence is subject to exclusion at trial unless an exception to the hearsay rule applies. 5. T F A statement made by the declarant while testifying at trial is considered hearsay. 6. T F The hearsay rule does not apply to the actual oral testimony of the witness in court.

7. T F An admission of a party opponent is any statement made by any party to a lawsuit. 8. T F Under the Federal Rules of Evidence, prior statements by witnesses that were made under oath at a previous hearing or deposition are not hearsay. 9. T F Even if a witness is available, former testimony of a witness may be admissible evidence. 10. T F A statement made during or immediately after an event that describes or explains the event is admissible. 11. T F Under the public records exception to the hearsay rule, a witness must be called to lay a foundation for the record before the record will be admitted into evidence. 12. T F Under the Federal Rules of Evidence, a child is presumed incompetent to testify.

13. T F A person who can only communicate by gestures is presumed incompetent to testify. 14. T F A witness must have personal knowledge in order to be considered competent to testify. 15. T F The best evidence rule requires that the best evidence on every issue be presented. 16. T F Facts generally known within the particular geographic area may be judicially noticed. 17. T F Communications between a client and a paralegal are subject to the attorney-client privilege. 18. T F The attorney-client privilege does not apply if the services of a lawyer are sought to enable or aid one to commit or plan a crime or fraud.

19. T F In some instances, a lawyer’s opinions, mental impressions, and legal theories may be required to be disclosed to the opposing parties. 20. T F The work product privilege does not apply to materials prepared by a legal assistant. 21. T F The physician-patient privilege only applies to parties to a lawsuit. 22. T F Confidential communications made by one spouse to the other during a marriage are protected from disclosure. APPLYING YOUR KNOWLEDGE Answer the following questions by applying the information you have learned from the main text. 1. What does it mean to say that evidentiary issues are questions of law? How do questions of law differ from questions of fact? When someone says that evidentiary issues are questions of law they mean that certain evidentiary issues are not questions having to do with the facts of the case, they are questions that raise legal questions to be ruled upon by a judge. 2. Why is it necessary for a paralegal to know the rules of evidence? It is necessary for paralegals to know the rules of evidence because if they are asked to assist with discovery or with any motions in limine they will need to be know what is admissible and what is not.

3. In determining whether to admit evidence under the general relevance test stated in the main text, the court will examine whether the evidence is “of consequence” to the issues in the action. What does it mean for the evidence to be “of consequence”? The court will also examine the “probative value” of the evidence. What does “probative value” mean? “Of consequence” means that the result of the evidence directly or indirectly affects substantive legal rights or obligations. Probative value means the ability to prove or disprove a fact. 4. Why are certain types of evidence excluded for extrinsic policy reasons? What are the types of evidence which are excluded for policy reasons? Although they may be relevant, they’re excluded on specific bases which are outlined in the Federal Rules of Evidence for proving fault or negligence. For example: evidence of subsequent remedial repairs, payment or offer of payment of medical expenses, and liability insurance. 5. Character evidence is only admissible in civil cases if character is an essential element of a claim or defense. Why is such evidence, if relevant under the general relevance tests, excluded when character is not an essential element of a claim or defense? Would the evidence of a defendant’s character be relevant to prove circumstantially how the defendant might have acted on a particular occasion? For example, suppose a witness is available to testify that the defendant has a reputation for daydreaming and the defendant therefore often does not watch where the defendant is going. Would this evidence be relevant to show that the defendant went through a red light and hit the plaintiff’s car? Would the evidence be admissible as character evidence? Character evidence, if relevant under the general relevance tests, can still be excluded when character is not an essential element of a claim or defense because Fed. R. Evid. 404 states it as so. Would the evidence of a defendant’s character be relevant to prove circumstantially how the defendant might have acted on a particular occasion? No. For example, suppose a witness is available to testify that the defendant has a reputation for daydreaming and the defendant therefore often does not watch where the defendant is going. Would this evidence be relevant to show that the defendant went through a red light and hit the plaintiff’s car? No. Would the evidence be admissible as character evidence? No. Assume that you are a paralegal in the law firm representing Stella King in hypothetical number 5. The following documents are in your firm’s files. For each document, identify whether there is any claim of privilege that may be made and, if so, which privilege. a. Medical records from Stella King’s personal physician concerning a broken leg Stella King had suffered five years prior to the accident.

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