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Evidence (Character Evidence: (Civil (CX: party or witness only for…
Evidence
Character Evidence:
Civil
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DX: generally not admissible, only when character directly at issue
Criminal
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CX: defendant can introduce evidence of good character to help prove innocence, and can impeach party or witness
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
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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