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Evidence - Coggle Diagram

- - - - Criminal: prosecution cannot initiate
      - Civil: Generally not admissible. Only admissible when character is directly at issue: Child custody, defamation, etc.
    - - Criminal: Party Defendant can introduce evidence of good character to help prove innocence. Party or witness: impeachment
      - Civil: Party or witness: only for impeachment
- - - - Opinion backed with reasonable certainty
      - Opinion supported by a proper factual basis: 1) personal knowledge 2) facts made known at trial
      - Witness qualifies as expert
      - Facts made known outside of court 1) facts need not be admissible in court 2) of the kind that area reasonably relied upon by experts in the field.
      - Subject matter appropriate for expert opinion: 1) scientific knowledge 2) technical knowledge 3) other specialized knowledge
    - - must be based on the witness's perception
      - must be helpful for a clear understanding of a fact at issue
      - Lay opinion is generally inadmissible, but it may be allowed if no better evidence sexists.
      - Must not be based on scientific, technical, or other specialized knowledge
  - - - Crimes involving dishonesty: fraud or perjury (felony or misdemeanor). Court has no discretion to exclude these crimes and there is no time limitation on how old the crime is
      - Felonies not involving dishonesty. Court has discretion to exclude the conviction. Crime must not be too remote. Conviction is usually excluded it has been over 10 years since date of conviction or release from confinement imposed for the conviction.
- - - - CERTIFIED PUBLIC DOCUMENTS (by clerk of agency or court that had custody)
      - ACKNOWLEDGED DOCUMENTS SIGNED BY NOTARY, sworn to truth, content, and executions 9except wills)
      - LABEL, TAG OR TRADEMARK affixed on item in regular course of business,
      - NEWSPAPERS AND PERIODICALS with reasonably wide circulation
      - INSTRUMENTS (negotiable and commercial paper)
      - SEALED DOCUMENTS (government certified)
      - OFFICIAL PUBLICATIONS issued by public authority