Evidence
Relevant:having a tendency to make the existence of any fact of consequence to the action more probable than it would be without the evidence
403: court may still exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice; confusion of issues, misleading the jury, consideration of undue delay, waste of time, or needless presentation of cumulative evidence
can also be admitted if it is a prior similar event, or causation, similar accidents or injuries caused by the same event or similar acts for proving intent, habit, or industrial custom or routine
Character Evidence:
Civil
Criminal
DX: prosecution cannot initiate
CX: defendant can introduce evidence of good character to help prove innocence, and can impeach party or witness
CX: party or witness only for impeachment
DX: generally not admissible, only when character directly at issue
Hearsay: out of court statement offered to prove the truth of the matter
Declarant unavailability results from:
-privilege
-refusing to testify
-lack of memory
-death or physical/mental illness
-absent beyond reach of subpoena and proponent of statement has been unable to procure attendance or testimony
5 exceptions that require unavailability:
-former testimony
-statement against interest
-dying declarations
-statement of personal or family history
-statement offered against party procuring declarant's unavailability
All others not requiring unavailability:
-present state of mind or physical condition
-excited utterance
-present sense impression
-biz records
-public records
-past recollection recorded
Documents: relevant?
Authentication: document is what the proponent claims it to be
the following are self authenticating but most require testimonial sponsor:
OIL CANS:
Official publications issued by public authority
Instruments: negotiable and commercial paper
label tag or trademark affixed on item in regular course of biz
certified public docs
acknowledged docs signed before notary sworn to truth content and execution
newspapers and periodicals with reasonably wide circulation
sealed documents
Best evidence rule: only docs, requires the original writing, recording or photograph to prove its content, only applies if contents of writing are at issue
Witnesses
Competency:
Must have capacity to observe, recollect, communicate, and understand the obligation to tell truth
Lay opinion: generally not admissible, may be allowed if:
-based on witness's perception
-helpful for a clear understanding of a fact at issue
-not based on scientific, technical, or other specialized knowledge
Expert Opinion:
requires appropriateness which is scientific knowledge, technical knowledge, or other specialized knowledge
witness must qualify, opinion must be backed with RC and proper factual basis