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Evidence - Coggle Diagram
Evidence
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Witness
Character
Criminal or Civil?
Direct or Cross?
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Cross + Criminal: Party - D can introduce evidence of good character to help prove innocence. Party or witness - impeachment
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Competency
Witness must have the capacity to observe, to recollect, to communicate, and to appreciate the obligation to speak truthfully.
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Documents
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Best evidence rule
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Requires the "original writing, recording, or photograph, ... to prove its content..."
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Relevance
Evidence having any tendency to make the existence of any fact of consequence to the action more probable than it would be without the evidence.
Direct evidence
If believed, resolves the issue. No inferences are needed.
Circumstantial evidence
Even if believed, does not resolve the issue without the application of additional points of reason. It is indirect, so it relies on inference.
Relevance requires a “relation between an item of evidence and a matter properly provable in the case” and the relationship is determined by principles evolved by experience or science, applied logically to the situation at hand.”
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FRE 403
This rule excludes relevant evidence if the prejudicial effect SUBSTANTIALLY outweighs the probative value.
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