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Evidence (Relevance (Character Evidence (Criminal (Direct-no-cross-…
Evidence
Relevance
FRE 401: Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action
FRE 403: Relevant evidence can be excluded if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
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Documents
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Authentication: self authenticating include official publications, instruments, certified public documents, label tag or trademark, documents before a notary, newspapers and sealed documents
Witnesses
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Lay opinion
Must be (1) based on the witness's perception, (2) helpful for a clear understanding of a fact at issue, and (3) not based on scientific, technical, or other specialized knowledge
Expert Opinion
Witness qualifies as an expert, opinion must be backed with reasonable certainty; Opinion support by a proper factual basis
Privileges
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Physician, psychotherapist or social worker/ patient privileges
Confidential communication made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional condition
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Hearsay
Out of court statement offered to prove the truth of the matter asserted, Inadmissible if not within an exception.
Exceptions
Declarant- Unavailable
Dying declarations; Former testimony; Statements against interest; Statement of personal or family history; Statement offered against party procuring declarant's unavailability
Declarant- Immaterial
Present state of mind or physical condition; Excited utterance; Present sense impressions; Business records; Public records; Past recorded recollection