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Evidence (Witness (Competency (Observe, Recollect, Communicate,…
Evidence
Witness
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Privileges
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Physician, psychotherapist, or social worker-patient privilege
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Relevance
Definition
Evidence having any tendency to make the existence of any fact of consequence to the action more probable than it would be without the evidence (FRE 401).
Legal relevance
A court has discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice; confusion of issues; misleading the jury; or undue delay (FRE 403).
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Character
Criminal
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Cross-Examination
Party: Defendant can introduce evidence of good character to help prove innocence
Party or Witness: Impeachment
Civil
Direct Examination
Generally not admissible. Only when character directly at issue: child custody, defamation, etc.
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