Please enable JavaScript.
Coggle requires JavaScript to display documents.
Evidence (Federal Rules) 1/7 Should the evidence be admitted to prove the…
Evidence (Federal Rules) 1/7 Should the evidence be admitted to prove the elements of a crime?
Procedural the 100s
103=Rulings
105= Limiting evidence that is not admissible against other parties or for other purposes
101= Scope
Relevance the 400s
409= offers to pay medical and similar expenses
410- Pleas, Plea offer & related statments
411= Liability insurance
408= Negotiations; Compromise Offers: 1) not for impeachment if prior statement inconsistent or contradictory 2) Not to prove claim valid
407=Subsequent remedial measures
412= Sexual behavior; predisposition inadmissible "Prior Bad acts oF sex"
406= Habt and routine
413= Similar crimes in sexual assault case
405= Metods of proving character witness
414= Similar crimes in child molestation cases
404(a)= Character Evidence
415= Similar Acts in Civil Cases involving sexual assault or child molestation
403= Balancing Test; Probative value must outweigh prejudicial value to be admissible
402= General Admissibility
401= Relevance TEST
RELEVANCE RULES EXPANDED
501=General Privileges
502= Attorney client/ Work Product/ waiver limitations
Witnesses the 600s
403: Probative value must outweigh the prejudicial value to be admissible. Excluded for prejudice, confusion, waste of time, misleading, nedlessly presenting cumulative evidence.
Testimonial Evidence A.K.A Witness Evidence: Character, Competency, Relevane, Op, Impeachmentm Privileges, Hearsay
601= Competency
602= Personal Knowledge
603= Oath or Affirmation
605= Judge/witness Competency
606(a) =Juror Competency
ACCOMPLISHED BY CROSS EXAMINATION AND EXTRINSIC EVIDENCE: ASK DIRECT QUESTIONS PROVIDE ANOTHER WITNESS OR CONTRACT OR WIIL*
IMPEACHMENT
607= Who can Impeach
608= Truthfulness
609= Ctiminal Conviction impeachment
611= Mode and order of examining witnesses/presenting evidence
612=Recollection rule
613= Witness prior statement *refer to R. 611 to determine the credibility if a witness (collateral)
701= Opninion Testimony ( Non Expert )
703= expert Witness testimony
704= Op. on the ultimate issue
705= disclosure of facts or data underlying experts op
706= Court appointed expert witness
402 : Relevant Evidence it admissible unless barred by the US Constitution, FED StATUTE, FRE or other rules prescribed by SCOTUS
405: Methods of Proving Character (a) reputation or opinion (b) Specific instances of conduct. Relevant specific instances of the person's conduct can be used.
401: Evidence relevant if (a) it makes fact more or less probable (b) it makes fact of consequence in determining action
404 (a):Character Evidence (1)Prohibited if used to prove person acted in accordance with character trait. (2) MERCY RULE= Exception for defendant or vic in crim case. D my offer evidence of pertinent trait and if admitted prosecutor can rebut, limitations of 412 can offer evidence of a victim's pertinent trait. Prosecutor can rebut it and offer evidence of D's trait.
404 (b): Prior bad Act; evidence excluded if prejudicial. Admissible if speaks to motive, opportunity, intent, prepartion, plan, knowledge, identity absence mistake or lack of accident.
406: Habit Routine Practice: person's routine can be used to corroborated how someone acted on certain occasion.
407: Subsequent Remedial Measures when measures are taken by Ds to lessen or prevent harm after an injury. These measures are not used to prove negligence
408: Negotioatons; Compromise offers (a) evidence inadmissible if used to prove or disprove that claim is valid.
409: Offers to pay medical and similar expenses; not admissible to prove liability
410: Pleas, plea deals and related statements (a) prohibited uses in Clive and criminal cases (1) guilty plea later withdrawn (2) accepts conviction but does not admit guilt (3) statement during procedure (4) statement made during plea discussions.
411: Liability Insurance proof cannot be used to prove negligence or that person acted wrongfully.
(1) Evidence that victim engaged in sexual behavior (2) Evidence offered to prove sexual predisposition to include lack of sexual behavior.
412: Sexual offense victim's sexual behavior
Hearsay is inadmissible without an exception
F.R.E 801
it is an out of court statement offered to prove the truth of the matter=802
Five Exceptions that render a client unavailable: (1) Former Testimony (a) given as a witness at a trial, hearing or lawfulf deposition (b) Offered against a party who had an opportunity and similar motive (2) Statements against interest (3) Dying declarations (4) Statement of personal/ family history (5) Statement offered against party procuring
Exceptions that do not include: (1) Present State of mind or physical condition (2) Excited Utterance (3) Present Sense impressions (4) Business records (5) Public Records
Excited Untterances Vs. Present/ Sense Impressions statement must relate to a starting event v. statement must describe/ explain an event condition ( does not need to be startling. Statement must be made while still under stress of excitement from event (depends on circumstances ve. Statement must be made while or immediately after perceiving the event/conditoon ( timing requirement)
Authentiation & Best Evidence:
Rule 901: authenticating or idying evidence
Rule 902; evidence that is self authenticating s
Rule 903: Subscribing Witnesses Testimony
Rule 1001: Definitions
Rule 1002: Producing the original
Rule 1003: Admissibity of duplicates
Rule 1004: admissibility of other evidence of content
1005: copies of public records to prove content
1006: Summaries to prove content
1007: testimony or statement of a party to prove content