Evidence - Coggle Diagram
Relavant evidence is 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.
Relavant evidence may be exclude for public policy reasons including legal relevance.
a court has the discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.
Evidence may be admitted that does not relate to the particular event but is of a prior similar event. These are excpetion to the relevancy rule and include:
similar accidents or injuries caused by the same event
similar acts admissible to prove intent, halt, and custom or routine.
Policy Based Exceptions:
Liability insurance- may be admissible to prove ownership or control, although not admissible to prove negligence or ability to pay.
Subsequent remedial measures: are not admissible to prove negligence, but may be admissible to prove ownership or control, or to prove destruction of evidence.
Settlement offers: inadmissible to prove responsibility, but may be admissible for other purposes.
Criminal Case: Direct- Prosecution cannot initiate. Cross examination- defendant can introduce evidence of good character to help prove innocence or impeachment.
Civil Case: Direct- generally not admissible, only when character directly at issue: child custody, defamation, ect. Cross- only for impeachment.
Authentication: the document is what the proponent claims it to be.
writing s must be sponsored.
Self authenticating: OIL CANS
Official Publications issued by public authority, Instruments- negotiable and commercial paper, Label, tag, or trademark, Certified public documents, Acknowledged documents signed before notary, Newspapers and periodicals, Sealed Documents.
Best Evidence Rule: requires the original writing, recording, photograph, ... to prove its content.
Must be relavant
must be authenticated: accomplished by recognition testimony or chain of custody evidence.
attorney client privilege: client may refuse to disclose, only client can waive privilege.
Physician patient privilege: confidential communication for the purpose of getting help.
Spousal Privilege: marital communications privilege. and spousal testimony privilge.
Defenition- Hearsay is an out of court statement offered to prove the truth of the matter asserted. A document can be hearsay.
Double hearsay must be analyzed twice.
Party admissions are not hearsay.
Declarant Unavailable: because of lack of memory, privilege, refusing to testify, death or illness, beyond the courts subpoena power.
statements against interest: reasonable person would have made if true. contrary to declarants interests. , corroborated.
Dying declarations: if made with the belief death was imminent.
former testimony: given at a trial, deposition, or other lawful hearing, offered against party who could cross examine.
Statement of personal or family history
statement offered against party procuring declarants unavailability.
Whethernor not the declarant is available.
present state of mind or physical condition: then existing state of mind
excited utterance: related to startling event. under stress or excitement.
present sense impressions: describing and event, made while or immediately after.
Business records: by someone with knowledge, course of regularly conducted business,
Public records: nothing indicates a lack of trustworthiness.
Past recollection recorded: once knew but cannot recall, and adopted when fresh.
A witness must have the capacity to observe, to recollect, o communicate, and to appreciate the obligation to speak truthfully
Lay Opinions: generally inadmissible, allowed if no better evidence exists. Must be: based on witness's perception, helpful, and not based on scientific, technical, or other specialized knowledge.
Expert Opinions: more admissible. but must be:
subject matter appropriate for expert opinion: scientific, technical, or other specialized knowledge.
witness qualifies as an expert.
opinion backed with reasonable certainty
opinion supported by a proper factual basis: personal knowledge, facts made known at trial.
Facts made know outside the court: need not be admissible, of the kind reasonably relied on.