Please enable JavaScript.

Coggle requires JavaScript to display documents.

Evidence, Photos/ Videos?, Habit, examples, Structure of a Trial, Supreme…

- - - - includes "scraps of paper with notes jotted down" and emails, tweets, etc.
      - witness typcially cannot testify about contents of document
        
        unless all available copies are lost/ destroyed
      - some are self authenticating (rule 902)
  - - - specialized knowledge
    - - testifies about character of
        
        party
        
        witness
    - - percieved facts related to the lawsuit and testify about these facts
- - - - every person is competent to be a witness unless...
      - in civil, state law governs witness's compentency
        
        typically identical to Fed with exceptions
        
        children under certain age
        
        "Dead Man's Statutes"
    - - judge who presides can't take the stand
      - if judge slips up, can attempt curative instruction
    - - (a)
        
        juror can't testify as a witness before the other jurors
        
        if called to testify, court must give a party opportunity to object outside the jury's presence
    - - Need for Personal Knowledge :
        
        evidence sufficient to show witness has personal knowledge of the matter
        
        evidence may consist of own testimony
        
        rules doesn't apply to experts under Rule 703
    - - Oath
    - - interpretors must be qualified
      - must give an oath about making a true translation
  - - - applys to proceedings in United States Courts
      - scope+ exceptions in Rule 1101
    - - Applicability
        
        (a) in courts
        
        Guam, Virgin Islands and Nothern Mariana Islands
        
        Court of Fed. Claims
        
        Court of Appeals
        
        bankruptcy and magistrate
        
        district courts
        
        (b) in cases and proceedings
        
        civil, criminal, bankruptcy, admiralty, maritime and most contempt procceedings
        
        exception: summary contempt
        
        (d) exceptions
        
        (2) grand-jury proceedings
        
        (3) misc proceedings
        
        extradition/ rendition
        
        warrant (arrest and search) + criminal summons
        
        prelim examinations in crim cases
        
        sentencing
        
        probation
        
        bail
        
        (1) Rule 104 (a) preliminary question of fact governing admissibility
        
        (c) Rules on Privilege
        
        privilege applies to all stages of a case/ proceeding
  - - - Rule 104
        
        (b)
        
        relevance
        
        "sufficient to support"
        
        proof can be show after admission (court discretion)
        
        (c)
        
        hide from the jury
        
        (a)
        
        can "peer behind veil"
        
        exception: issues of priviledge
        
        Judge acts as "reasonable fact finder"
        
        (d)
        
        preliminary hearings
    - - 402
        
        is admissible unless provided in
        
        US Constitution, federal statute, FROE or other rules by SC
        
        favors admitting
      - 401
        
        the fact is of consequence
        
        has a tendency to make a fact more or less probable
    - - 403
        
        BLANKET EXCEPTION
        
        even in relevant, should exclude because
        
        probative value substantially outweighed by danger of
        
        confusing the issues
        
        misleading the jury
        
        unfair prejudice
        
        video?
        
        1 more item...
        
        pictures?
        
        2 more items...
        
        undue delay
        
        wasting time
        
        sometimes it looks better not to stop someone: ie don't interrupt the sweet little grandma talking about children
        
        cumulative evidence
      - Character evidence (Propensity)
        
        404
        
        person's character/ character trait is not admissible to prove they acted in accordance in a specific situation
        
        exception
        
        if defendant offers their trait
        
        Prosecutor may rebut
        
        if defendant offer's victim's trait (except 412)
        
        Prosecutor may rebut
        
        in homicide, if defendant claims victim was first aggressor
        
        Prosecutor may rebut by showing peacefulness
        
        (b) criminal exceptions
        
        can be used to show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake and lack of accident.
        
        upon request from Defendant
        
        2 more items...
        
        how?
        
        405
        
        By Reputation or Opinion
        
        Later in Cross, may inquire into relevant specific instances
        
        By Specific Instances of Conduct
        
        warning: can't do this on direct
      - Subsequent actions
        
        Compromise/ Negotiation
        
        408
        
        look for consideration being furnished
        
        not admissible to prove validity, amount in question or to impeach inconsistent statement
        
        (1) no parts of offer/ acceptance
        
        (2) no conduct or statements made during negotiation
        
        exceptions
        
        2 more items...
        
        Offer to pay Medical and Similar
        
        409
        
        no consideration= gift= not admissible
        
        Remedial measures
        
        407
        
        actions to mitigate are not admissible for
        
        culpable conduct
        
        product defect/ design
        
        negligence
        
        lack of warning/ instruction
      - Pleas, Discussions and Related
        
        no withdrawn guilty pleas
        
        no nolo contendere pleas
        
        no statements made during proceeding on those pleas
        
        exceptions
        
        for perjury/ false statement
        
        statements under oath with counsel present
        
        if another statement is introduced and fairness dictates the statements ought to be considered together
      - Sexual assault
        
        412 (Rape shield law)
        
        Defendant can't bring up propensity ( sexual behavior or predisposition) of victim
        
        exceptions
        
        used to prove another was source of physical evidence
        
        can bring in specific instance of victim/s behavior
        
        if offered by the defendant
        
        to prove consent
        
        to avoid violating defendant's constitutional rights
        
        if offered by the prosecutor
        
        to distinguish their engagement (ie only oral in the past, this time was more)
        
        Civil only exceptions
        
        may admit if probative >> harm/ unfair prejudice
        
        if victim has placed it in controversy
        
        procedure:
        
        notify victim and guardian/ representative
        
        In camera hearing where victim has right to attend and be heard
        
        file a motion to all parties describing the evidence and use at least 14 days before or with good cause after
        
        sealed unless court orders otherwise
        
        414 (child molestation)
        
        same as 413 but for molestation instead
        
        415: applies to civil as well
  - - - Truthfulness
        
        608
        
        Reputation or Opinion
        
        Specific instances
        
        can inquire but not admissible on cross examination
        
        if probative about the witness or another witness the the one being cross examined testified about.
      - Criminal Conviction
        
        609 what is admisslbe
        
        felonies (>1 year in prison or death) are admissible
        
        civil case= okay
        
        crim case: witness is not a defendant in this case and probative >>> prejudicial effect
        
        crimes involving dishonesty as an element
        
        exceptions
        
        pardoned, annulled, rehabilitated
        
        if for rehabilitated
        
        can still be admissible if they commit a subsequent felony
        
        if found innocent
        
        inadmissible
    - - who may?
        
        607: any party
- - - - No to general driving habits
      - Yes to actions taken at a particular intersection on commute
- - - - Child custody
      - Negligent entrustment
      - Defamation
- - - - used to include/ exclude evidence
      - benefits
        
        plan trial strategy
        
        flesh out longer legal arguements
        
        avoid the embarrassment of losing a motion in front of jury
    - - opponent's evidence was illegally obtained
    - - jmol
      - key piece of evidence is inadmissible
  - - - must be focused on issues raised by the other party