美国纽约州律师资格考试复习笔记 证据法.doc.docVIP

PAGE 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 intentBusiness records: judge may exclude business records if (i) source of information lacks truthfulness, (ii) no first-hand know