Please enable JavaScript.

Coggle requires JavaScript to display documents.

EVIDENCE (RELEVANCE (EXCEPTIONS (Causation, Similar accidents/injuries,…

- - - - Direct: prosecution can't initiate
      - XE: Party- def can introduce for innocence; party or witness- impeachment
    - - Direct: Gen not admiss; only when character directly at issue
      - XE: party or witness- only for impeachment
- - - - Dying declarations
      - Statements against interest
      - Former testimony
      - Personal/family history
      - Against party procuring decl unavailability
    - - Business records
      - Public records
      - Present sense impressions
      - Past recollection recorded
      - Excited utterance
      - Present state of mind/physical condition
- - - - Competency
        
        recollect
        
        communicate
        
        capacity to observe
        
        appreciate obligation to speak truthfully
      - Character
        
        Criminal & Direct
        
        not allowed to prove conformity with party's character
        
        allowed: motive, intent, opportunity, preparation, plan, knowledge, identity, no mistake
        
        Civil
        
        not allowed unless character at issue (ex. child custody)
      - Impeachment
        
        Cross exam
        
        bias or interest
        
        criminal convictions
        
        Crimes involving dishonesty
        
        felonies not involving dishonesty
        
        Prior inconsistent statement
        
        extrinsic evidence
        
        reputation
        
        prior bad acts
      - Hearsay
      - Opinion
        
        expert
        
        subject matter: scientific, technical, specialized
        
        witness qualifies as expert
        
        opinion backed with reasonable certainty
        
        opinion supported by proper factual basis
        
        lay- allowed if no better
        
        not based on scientific, technical, or other specialized knowledge
        
        based on witness's perception
        
        helpful for clear understanding of fact at issue
      - Relevance