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Evidence (Witness (Privileges (Physician, Attorney-client, Spousal…
Evidence
Witness
Character
Impeachment
Opinion
Lay witness
Expert witness
Privileges
Physician
Attorney-client
Spousal communication
Spousal testimony
Hearsay
Relevance
Competency
Communicate
Recollect
Appreciate truthfulness obligation
Observe
Hearsay
Nonhearsay
Hearsay exceptions (declarant unavailable)
Lack of memory
Death or physical/mental illness
Refusing to testify
Absent beyond subpoena reach
Privilege
Definition
Hearsay exceptions (declarant unavailable requirements)
Former testimony
Statements against interest
Dying declarations
Statement of personal or family history
Statement offered against party procuring declarant's unavailability
Hearsay exceptions (declarant availability immaterial)
Present sense impressions
Business records
Excited utterance
Public records
Present state of mind or physical condition
Past recollection recorded
May be read into evidence
May only be received as an exhibit if offered by an adverse party
Relevance
Legal relevance
Danger of unfair prejudice?
Exceptions
Causation
Similar injuries
Similar acts to prove intent
habit
Industry custom
Policy-based exceptions
Liability insurance
Subsequent remedial measures
Settlement offers
Withdrawn guilty pleas
Definition
Character
Criminal
Civil
Documents
Best evidence rule
Hearsay?
Authentication
Relevant?
Real Evidence
Relevant
Authenticated
Recognition testimony
Significant identifiable features
Chain of custody
Evidence
Unbroken chain