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EVIDENCE - Coggle Diagram
EVIDENCE
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Relevance
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Exceptions
causation; similar accidents or injuries caused by the same event; similar acts admissible to prove intent, habit, and industrial custom or routine
liability insurance admissible to prove ownership or control but not to prove negligence or ability to pay FRE 411
subsequent remedial measures are admissible to prove ownership or control or destruction of evidence but not negligence FRE 407
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relevant evidence has any tendency to make any fact of consequence more probable than it would have been without the evidence FRE 401
FRE 403 court may exclude relevant evidence if the probative value is substantially outweighed by the risk of undue prejudice; confusion of the issues; misleading the jury; or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.
standards is unfair prejudice, not prejudice alone
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Hearsay
always go through the steps! even if I know the question is about an exception. 1. give definition of hearsay, 2. give admissibility rule for hearsay evidence, 3. identify whether declarant is a party
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definition hearsay is an out-of-court statement offered to prove the truth of the matter asserted FRE 801(c)(1)-(2)
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Declarant unavailable exceptions (unavailable from privilege, refusal to testify, lack of memory, death or physical/mental illness, or absent beyond reach of court's subpoena power and proponent of the statement has been unable to procure attendance or testimony
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