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EVIDENCE, Hearsay is an out-of-court statement offered to prove the truth…
EVIDENCE
WITENESSES
Competency
A witness must have the capacity to obsere
To recollect
to communicate
to appreciate the obligation to speak truthfully
Relevance
Opinion
Lay opinion
generally inadmissible and are really only allowed if not better evidence exists
Expert opinion
must give sufficient facts to identify the issues, including qualification
Character
not allowed to prove conformity with the party's character. allowed to show motive, opportunity intent, preparation, common scheme, knowledge, identity, absence or mistake, or acciddent
Impreachment
purpose is to show an adverse reflection on a witness's truthfulness. can be on cross or use of extrinsic evidence. Prior inconsistent statements
Privileges
privileges are governed by common law.
Att. Client privilege
physician privilege
Spousal
Hearsay
Strategies
1 out of 4 questions are on hearsay
1 out of 4 are on presentation
1 out of 3 are on relevancy
remaining are on privileges; documents (writing photos recordings etc.)
if its in latin and youve never studied or seen it are probs not right, like res gestae its ancient not relevant and fucking wack
testimony on ultimate issues is an old irrelevant rule
testimony is inadmissible due to its selfserving nature is always wrong because self-serving is on credibility not admissiblity
RELEVANCE
Relevent if it tends to ake the existence of any fact of consequence more or less probable than it would be without the evidence
Limitations
Logical relevance does not equal probative value
discretionary exclusion (if its unfairly prejudicial
Public policy exclusion
Authentication
Authentication means that the document is what the proponent claims it to be.22 While a few writings are self-authenticating, most writings require a testimonial sponsor to prove that the writing was made, signed, or adopted by the particular relevant person.
Photographs must be identified by a witness as both a portrayal of relevant facts and a correct representation of those facts. The witness needs to be familiar with the scene or object depicted. Neither the photographer nor an expert is required.
Self-authenticating documents23 remembered by the mnemonic OIL CANS
Official
publication
Instruments
Label, tag or tradmark
Certified public documents
Acknowledged document signed before notary
NEwspapers and periodicals
Sealed documents
Best evidence rule only applies to documents
if evidence is offered to prove the contents of a writing an original document must be used unless it is unavailable
HEARSAY
Exceptions
Declarant Unavailable
Former Testimony
Statements against interest
dying delacartions
statement f personal or family history
Statement offered against party procuring declarant's unavailability
Declarant Available
Present state of mind or physical condiion
Excited utterance
present sense impressions
business records
public records
past recollection recorded
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted.
must have an opportunity to explain or deny statements. If PIS is hearsay it is admissible for impeachment purposes but inadmissible as substantive evidence