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Evidence - Coggle Diagram
Evidence
Witnesses
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Opinion
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Expert opinion testimony questions are usually not as difficult as actually presenting an expert at trial.
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Competency
Must have the capacity to observe, to recollect, to communicate, and to appreciate the obligation to speak truthfully.
Documents
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Authentication
Means that the document is what the proponent claims it to be. 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.
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Best evidence rule
Only applies to documents. original writing, recording, or photograph, to prove its content. The rule applies only if the contents of the writing are at issue.
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Hearsay
Exceptions
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Absent beyond the reach of the court's subpoena power and the proponent of the statement has been unable to procure attendance or testimony.
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Relevance
Under FRE 403, 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.
Relevant 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. Relevant evidence may still be excluded for public policy reasons.
Exceptions
Prior similar event: These exceptions to the relevancy rule include causation; similar accidents or injuries caused by the same event; and similar acts admissible to prove intent, habit, and industrial custom or routine.
Liability insurance, subsequent remedial measures, settlement offers, and withdrawn guilty pleas.
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