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Evidence - Coggle Diagram
Evidence
Witness
Competency
1) Witness must have the capacity to observe
2) To recollect
3) To communicate
4) To appreciate the obligation to speak truthfully
-FRE requires that the witness have personal knowledge & must declare that they will testify truthfully.
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Opinion
Lay witness: Testimony is generally admissible.
Must be:
-Based on the witness's perception.
-Helpful for a clear understanding of a fact at issue.
-Not based on scientific, technical, or specialized knowledge.
Expert Witness:
Subject matter appropriate for expert opinion:
A) Scientific Knowledge
B)Technical Knowledge
C) Other specialized knowledge
-Witness qualifies as expert.
-Opinion backed with reasonable certainty.
-Opinion supported by a proper factual basis.
D) Personal Knowledge
E) Facts made known at trial
F) Facts made known outside of court
Character
Direct examination in criminal trial:
-Character evidence is not allowed to prove conformity with the party's character.
-Allowed for motive, opportunity, intent, preparation, etc.
Impeachment
Used to cast an adverse reflection on a witness's truthfulness.
2 methods: Cross-examination & extrinsic evidence.
Impeachment through cross-examination: Prior inconsistent statements, bias or interest, & criminal convictions.
Prior Inconsistent Statements:
-Party must show this to adverse party's attorney.
-Extrinsic evidence is admissible if the witness has the opportunity to explain.
Crimes Involving Dishonesty:
-Fraud or Perjury
-Court has no discretion to exclude these crimes & no limit on how old it is.
Felonies not Involving Dishonesty:
-Court has discretion to exclude the conviction.
-If conviction is over 10 years, conviction is excluded.
-Balancing test:
-For Accused: Must show the probative values is not outweighed by its prejudicial effect.
-For Witness: FRE 403; probative value is substantially outweighed by the danger of unfair prejudice.
Impeachment through extrinsic evidence:
Prior Bad Acts:
-Interrogation about prior bad acts is admissible.
-Extrinsic evidence of bad acts is not permitted.
Reputation:
-Witness may be impeached by showing poor reputation for truthfulness.
Privilges
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Physician, Psychotherapist, Social Worker-Patient Privilege
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Relevance
Definition: Having any tendency to make the existence of any fact of consequence to the action more probable than it would be without evidence.
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Exceptions: Causation; Similar accidents or injuries cause by the same event; Habit; Industrial Customs.
Liability Insurance: May be admissible to prove ownership or control. NOT admissible to show neglience or ability to pay.
Subsequent Remedial Measures: NOT admissible to prove negligence. Admissible to prove ownership or control or destruction of evidence.
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Rule 403: Court can exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice; confusion; misleading the jury; waste of time; etc.
Hearsay
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Nonhearsay: Statement made not to establish fact but to establish that the statement was said in the first place.
Hearsay exceptions:
Declarant Unavailable Results from:
-Privilege.
-Refusing to testify.
-Lack of memory.
-Death or physical / mental illness.
-Absent beyond the reach of the court's subpoena power & the proponent of the statement has been unable to procure attendance.
Hearsay exceptions:
Declarant Availability Immaterial:
-Former testimony.
-Statements against interest.
-Dying declarations.
-Statement of personal or family history.
-Statement offered against party procuring declarant's unavailability.
Analysis:
-State Rule.
-Define Hearsay.
-Party?
-If not a party, analyze both parts of the rule.
-Conclude if hearsay.
-Check for double hearsay.
-Does Exception apply?
Documents
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Authentication: Document is what the proponent claims it to be.
-Writings / photographs / recordings.
-Self Authenticating documents:
A) Official publications
B) Instruments
C) Label, tag, or trademark affiliated on item in reg. course of business.
D) Certified public documents.
E) Acknowledged documents signed.
F) Newspapers & periodicals
G) Sealed documents (gov't certified)
Best Evidence Rule:
-Only applies to documents.
-"Requires the original writing, recording, or photograph to prove its content."
-Only applies if the contents of the writing are at issue.
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Real Evidence
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Object must be authenticated; It is what its proponent claims it to be. -Done through recognition testimony or chain or custody.
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